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2004 September Council Proceedings Regular Session, September 7,2004 303 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, September 7, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol (via telephone), Cline, Connors, Markham, Michalski, Nicholson (via telephone), City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. invocation was given by Reverend John Hulsizer, Dubuque Law Enforcement Center Chaplain Coordinator. Mayor Duggan swore in Mayor Pro-Tem John Markham. Proclamations: "Public Safety Memonal Day" received by Reverend John Hulsizer CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 7/26; City Councii of 8/16; Community Development Advisory Commission of 8/11: Electrical Code Board of 819; Housing Code Appeals Board of 7/20; Housing Commission of 7/27; Housing Commission Trust Fund Committee of 8/19; Human Rights Commission of 7/12; Library Board of 7/22; Park and Recreation Commission of 8/10, presented and read. Markham moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Printed Council Proceedings for June and July, 2004, presented and read. Markham moved that the proceedings be received and filed and approved as printed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of August 2 and 16, 2004, presented and read. Markham moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: City of Asbury vs. City Development Board and City of Dubuque; Jesse A. Brenner for property damage and personal injury; David Danielson (for son Timothy Danielson) for personal injury; Connie Gibbs for vehicle damage; Nicole Munson for vehicle damage, presented and read. Markham moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Connors. 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: David Danielson for personal injury; Paul Ernst for vehicle damage, presented and read. Markham moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending deniai of the claims of Sarah J. Merges for vehicle damage and Ryan M. Beyer for vehicle damage, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending that the claim of Nicole Munson for vehicle damage be referred to Horsfield Construction, Inc., presented and read. Markham moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Dubuque Main Street, Ltd. Agreement: City Manager recommending approval of a Program Agreement, required by the Iowa Department of Economic Development (IDED), between the City of Dubuque, Dubuque Main Street, Ltd., and IDED, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising that the City's Lead Hazard Reduction Program is currently performing on or ahead of schedule, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the City's Local Housing Assistance Program (LHAP) has been administered in substantial compliance with financial and program requirements, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 304 Regular Session, September 7,2004 Arts and Cultural Organizations: Communications from Sister Michelle Nemmers, OSF, Ed Babka, and Cynthia Nelms-Byrne in support of the City funding $250,000 for cultural organizations in the City, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Radford Road and Pennsylvania Avenue - Sidewalks: Communication from Mary Janice Giesler requesting that the City require sidewalks on all sides of Radford Road and Pennsylvania Road, 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. "No Parking" Request: Petition from residents on Alpine Street and Nevada Street requesting a "No Parking" sign in the alley that extends from Alpine to Nevada, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Legal Department Intern: Communication from Angela Wilson, Legal Department Intern, thanking the City for the opportunity to work as a legal intern, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Vision Iowa: Communication of Mayor Terry Duggan to Michael Gartner, Chairman of the Vision Iowa Board, requesting an extension for completion of some components of the City's Vision Iowa Agreement, presented and read. Markham moved that the communication be received and filed and approved. Seconded by Connors. Motion carried 7-0. Designation of City Representative for FEMA Assistance: City Manager recommending that he be designated as the City's representative for FEMA assistance for the severe storms and flooding that began on May 21, 2004, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 335-04 RESOLUTION DESIGNATING THE CITY MANAGER AS THE CITY OF DUBUQUE'S AUTHORIZED REPRESENTATIVE FOR SIGNING AND FILING DOCUMENTS TO OBTAIN FEDERAUSTATE FINANCE ASSISSTANCE UNDER THE DISASTER RELIEF ACT Whereas, the City of Dubuque received a Presidential Declaration as a disaster area as the result of severe storms and flooding beginning May 21,2004; and, Whereas, the State of Iowa requires the City of Dubuque to designate a representative for purpose of obtaining Federal/State finance assistance under the Disaster Relief Act (PL 93- 288, as amended) or otherwise available from the President's Disaster Relief Fund and the Code of Iowa, Chapter 29C. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby designated to be the City of Dubuque's Authorized Representative for the purpose of obtaining Federal/State finance assistance under the Disaster Relief Act or otherwise available from the President's Disaster Relief Fund and Iowa Code Chapter 29C. The Finance Director is authorized and directed to provide information in these matters. Passed, approved and adopted this 7'" day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Tyler Road - Acceptance of Warranty Deed: City Manager recommending acceptance of a warranty deed from Dubuque Community School District for a right-of-way purchase on Tyler Road, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 336-04 RESOLUTION ACCEPTING A CONVEYANCE OF LOT A OF BLOCK 8 IN METTEL.LINK ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque entered into an Acquisition Agreement with the Dubuque Community School District pursuant to which the Dubuque Community School District agreed to convey Lot A of Block 8 in Mettel-Link Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Piat thereof; and Whereas, the Dubuque Community School District has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from the Dubuque Community School District, copies of which are attached hereto, as acquired by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on Regular Session, September 7,2004 305 behall of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 7'" day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Racing Association: Communication of Mayor Terry Duggan to the Dubuque Racing Association Executive Committee requesting that consideration be given to allocating a portion of the anticipated increase in grant dollars toward annual operating support of arts and cultural organizations, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Iowa Highway 32 (Southwest Arterial) - Phase I Consultant Selection: City Manager recommending approval of the selection of Earth Tech, Inc., partnered with Durrant Architects, as the consultant for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project, presented and read. Tony Zelinskas spoke requesting that WHKS Engineering be chosen as the consultant or to table this matter. Questions were raised about the criterion used for the scoring process. Discussion was held on concerns about the use of a construction contractor on the design team. Michalski moved that this matter be tabled to the next Council Meeting in order to resolve the question of having a construction contractor on the design team. Seconded by Cline. Motion carried 7-0. Dubuque: Your Hometown, Your Future Campaign: City Manager recommending approval of the expenditure of $4,425 per year for five years out of UDAG funds for the Dubuque: Your Hometown, Your Future campaign, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 337.04 A RESOLUTION SUPPORTING THE "DUBUQUE: YOUR HOMETOWN. YOUR FUTURE." INITIATIVE AND PLEDGING $4,425 PER YEAR FOR FIVE YEARS TO THE PROMOTION OF THE PROGRAM Whereas, the Greater Dubuque Development Corporation, the Dubuque Area Chamber of Commerce, the Iowa Department of Workforce Development have launched "DUBUQUE, Your Hometown, Your Future", and Whereas, this initiative will assist in attracting former Dubuque residents to jobs in Dubuque and provide all job seekers with a single user friendly site, and Whereas, Workforce Development is a critical part of the City's Economic Development efforts; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: 1. The City of Dubuque hereby supports and endorses the "DUBUQUE, Your Hometown. Your Future" initiative. 2. The City of Dubuque pledges $4,425 per year to the initiative for a period of five years. 3. The City Manager is hereby directed to post all job openings of the City of Dubuque on the web site used in the initiative: AccessDubuqueJobs.com. Passed and approved this 7~ day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Transportation Bill: City Manager recommending approval to send letters of concern to Congressman Nussle and Senator Grassley about objectionable language contained in the proposed federal Transportation Bill, presented and read. Markham moved that the communication be received and filed and approved. Seconded by Connors. Motion carried 7-0. Dubuque Area Industrial Development Corporation - Amendment to Development Agreement: City Manager recommending approval of a Second Amendment to the Development Agreement with Dubuque Area Industrial Development Corporation (DAIDC) which allows the current tax increment financing benefits accruing to DAIDC to be assigned to its successor or assigns (in this case, Walter Development, LLC), presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 338-04 AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH DUBUQUE AREA INDUSTRIAL DEVELOPMENT CORPORA. TION Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly adopted an Urban Renewal Plan (the Plan) for the Dubuque Industrial Center Economic Development District (the District); and Whereas, the Plan provides that the City may undertake special financing activities, including 306 Regular Session, September 7,2004 loans or grants to private developers, to meet the objectives of the Plan and to encourage the development of the District; and Whereas, the City Council has determined, in accordance with Section 15A.1 of the Iowa Code, that DUBUQUE AREA INDUSTRIAL DEVELOPMENT CORPORATION and subsequent owners of the property are qualified to receive such loan or grant assistance subject to certain employment obligations; and Whereas, a Second Amendment to Development Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the disbursement of Economic Development Grants to the DUBUQUE AREA INDUSTRIAL DEVELOP- MENT CORPORATION or to its successors or assigns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ' Section 1. That the Second Amendment to Development Agreement by and between the City of Dubuque and DUBUQUE AREA INDUSTRIAL DEVELOPMENT CORPORA- TION, attached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Second Amendment to Development Agreement. Passed, approved and adopted this 7th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7.0. Five Flags Center Renovation - Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for the Five Flags Center Renovation Project, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Mary Huseman vs. City of Dubuque, et al: Corporation Counsel advising that the Mary Huseman vs. City of Dubuque case has been dismissed, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Response to NPDES: City Manager recommending approval of a proposed process to respond to the State's "draft" National Pollution Discharge Elimination System (NPDES) permit, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Request for Easement: Communication from Vernon C. Van Cleve, 2542 Marywood Drive, requesting the City grant him an easement to gain access to the back yards at 2538, 2542 and 2544 Marywood Drive, presented and read. Markham moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Arboretum Drive - Sidewalks: Communication of John and Doris Kivlahan submitting a petition requesting that the City remove the requirement for sidewalks on the north side of Arboretum Drive and 32°0 Street to Honeysuckle Lane, presented and read. Markham moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Business License Refund: Request of Jymie M. Lyons, Jym's Bar, for a refund of his cigarette license in the amount of $75.00, presented and read. Markham moved that the communication be received and filed and approved refund. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 339.04 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. RENEWAL One Flight Up One Flight Up 44 Main St Passed, approved and adopted this 7th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 340-04 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. Regular Session, September 7,2004 307 CLASS "CO BEER PERMIT Downtown Eagle, Inc. Eagle Country Market+ (Sunday Sale) 1800 Elm St Liberty Station LLC Phillips 66/Arby's+ (Sunday Sale) 10 S. Main St 5-Point Mart 5-Point Mart+ (Sunday Sale) 405 Rhomberg Av Family Mart, Inc. Family Mart+ (Sunday Sale) 3201 Central Av Mulgrew Oil Co Asbury Amoco Foodshop+ (Sunday Sale) 3300 Asbury Rd RKM, LLC Ron's Smokes/Beverage+ (Sunday Sale) 1701 JFK Rd Passed, approved and adopted this 7th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 341-04 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 David Erickson Lucky 13 Tap+(Sunday Sale) 385 E 13thSt CLASS "B" WINE Downtown Eagle, Inc. Eagle Country Market 1800 Elm St CLASS "C" BEER/LIQUOR LlCENSE5- DAY SPECIAL EVENT Carlos O'Kelly's Inc Carlos O'Kelly's Mexican Café Miller Riverview Park Passed, approved and adopted this 7TH day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Railroad Avenue - Request to Vacate: City Manager recommending that a public hearing be set for September 20, 2004 to consider a request from Hy-Vee to vacate a portion of Railroad Avenue, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 342-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1A OF EAGLES PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, HY-VEE, Inc. has requested the vacating of Raiiroad Avenue from Locust Street to Harrison Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Railroad Avenue from Locust Street to Harrison Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 1A of Eagies Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this Railroad Avenue from Locust Street to Harrison Street is no longer required for public use, except for relocation of utilities, and vacating and sale of said street known as Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1A of Eagles Place in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 1A of Eagles Place in the City of Dubuque, Iowa to HY-VEE, Inc. be contingent upon the payment of $117,000, plus platting, pubiication and filing fees. Section 3. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with the City of Dubuque Standards and Specifications. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed b~ law. Passed, approved and adopted this 7" day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this for public hearing on 9120/04 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 Cline. Motion carried 7-0. Associates Drive - Request to Vacate: City Manager recommending that a public hearing be set for September 20, 2004 to consider a request from THE CU-LlNK, Inc., to vacate a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2, 308 Regular Session, September 7,2004 presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 343-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 8A OF MEDICAL ASSOCIATES SUBDIVISION NO.2, DUBUQUE, IOWA Whereas, THE CU LINK, Inc. has requested the vacating of a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 and assigned lot number thereto, which hereinafter shall be known and described as Lot 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, iowa has determined that this portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 8A of Medical Associates Subdivision No.2 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 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa to the THE CU LINK, Inc. be contingent upon the payment of $6,231 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed b~ law. Passed, approved and adopted this 7" day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this for public hearing on 9120/04 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 Cline. Motion carried 7-0. Fiscal Year 2005 Budget Amendment: City Manager recommending that a public hearing be set for September 20, 2004 to consider the first amendment to the Fiscal Year 2005 budget, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 344-04 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO.1 TO THE FISCAL YEAR 2005 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No.1 to the Fiscal Year 2005 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Monday, September 20, 2004, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 7th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution setting the date for the public hearing on Amendment No.1 to the Fiscal Year 2005 budget for the City of Dubuque and this date be 9120/04 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 Cline. Motion carried 7-0. 2004 Curb Ramp Installation - CDBG Project #2: City Manager recommending initiation of the bidding process for the 2004 Curb Ramp Installation - CDBG Project #2 and that a public hearing be set for September 20, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Regular Session, September 7,2004 309 RESOLUTION NO. 345.04 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2004 Curb Ramp Installation - CDBG Project No.2, in the estimated amount $44,755.70 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 346-04 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 2004 Curb Ramp Installation - CDBG Project No.2. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 20~ day of September, 2004, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michaiski moved adoption of the Resolution and further set the date of hearing on plans and specifications for 9/20/04 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 Cline. Motion carried 7-0. RESOLUTION NO. 347-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2004 Curb Ramp Installation - CDBG Project No.2 is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 14~ day of September, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 8:30 p.m. on the 20'h day of September, 2004. Passed, adopted and approved this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Northwest Arterial Fiber Optics Conduit Project: City Manager recommending initiation of the bidding process for the Northwest Arterial Fiber Optics Project and that a public hearing be set for October 4, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 348-04 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Northwest Arterial Fiber Optics Conduit Project, in the estimated amount $186,998.63 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 310 Regular Session, September 7,2004 RESOLUTION NO. 349.04 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed pians, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Northwest Arterial Fiber Optics Conduit Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4~ day of October, 2004, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution and set date of hearing on plans and specifications for 10/4/04 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 Cline. Motion carried 7-0. RESOLUTION NO. 350-04 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Northwest Arterial Fiber Optics Conduit Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having generai circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 23'" day of September, 2004. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 4~ day of October, 2004. Passed, adopted and approved this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7.0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Civic Center Commission (One unexpired 3- year term through 6/29/06) Applicants: Brian D. Hutchins, Bryce Parks No one spoke. Housing Advisory Trust Fund Committee (One 3-year term through 917107 - Term of J. Walsh) Applicant: John V. Walsh No one spoke. Mechanical Code Board (Three 3-year terms through 3/16/07 - Terms of Kelly, Papin and one vacancy) Applicants: Chuck Bandy, David Cleek, Michael P. Keliy, Sean O'Malley, Paul Papin (also on Piumbing Board) No one spoke. Appointments to the following Boards / Commissions: Housing Commission (Three 3-year terms through 8/17/07 - Terms of Eddy, Kapler and Schwendinger): Applicants: Char Eddy, David J. Kapler, Dorothy Schwendinger, OSF Michalski moved that Char Eddy, David J. Kapler and Dorothy Schwendinger, OSF, be reappointed to the Housing Commission for three year terms which will expire 8/17/07. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Michalski moved to suspend the rules allow anyone present to speak. Seconded by Connors. Motion carried 7-0. 2004 Local Law Enforcement Block Grant: Proof of publication on notice of hearing to consider acceptance of the 2004 Local Law Enforcement Block Grant award and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7.0. Villa Street Retaining Wall 2004 Reconstruction Project: Proof of publication on Regular Session, September 7,2004 311 notice of hearing to consider the Villa Street Retaining Wall 2004 Reconstruction Project and City Manager recommending award of the contract to WC Stewart Construction Company in the amount of $283,952.79, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 351-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28'h day of July, 2004, plans, specifications, form of contract and estimated cost were fiied with the City Clerk of Dubuque, Iowa for the Villa Street Retaining Wall Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 7~ day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 352.04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Villa Street Retaining Wall - 2004 Reconstruction Project pursuant to Resolution No. 312-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of August, 2004. Whereas, said sealed proposals were opened and read on the 26'h day of August, 2004, and it has been determined that the bid of WC Stewart Construction of Dubuque, Iowa, in the amount of $283,952.79 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to WC Stewart Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7'h day of September, 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. Port of Dubuque Storm Sewer Extension Project: Proof of publication on notice of hearing to consider the Port of Dubuque Storm Sewer Extension Project and City Manager recommending award of the contract to Tschiggfrie Excavating Co., in the amount of $217,100.85, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 353-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28'h day of July, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Port of Dubuque Storm Sewer Improvements - Phase IV Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 7~ day of September, 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. RESOLUTION NO. 354-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Port of Dubuque Storm Sewer Improvements - Phase IV pursuant to Resolution No. 315-04 and notice to bidders published in a newspaper published in the City of Dubuque, iowa on the 6'h day of August, 2004. Whereas, said sealed proposals were opened and read on the 26'h day of August, 2004, and it has been determined that the bid of Tschiggfrie Excavating Co. of Dubuque, Iowa, in the amount of $217,100.85 was the lowest bid for the furnishings of all labor and materials and 312 Regular Session, September 7,2004 performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Heron Pond Fishing Pier Construction Project: Proof of publication on notice of hearing to consider the Heron Pond Fishing Pier Construction Project and City Manager recommending award of the contract to Dubuque Barge and Fleeting Service Company (d/b/a Newt Marine Service), in the amount of $49,021.02, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 355-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of August, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Heron Pond Fishing Pier Installation Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resoiution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 356-04 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Heron Pond Fishing Pier Installation Project pursuant to Resolution No. 318-04, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 27th day of August, 2004. WHEREAS, said sealed proposals were opened and read on the 26th day of August, 2004, and it has been determined that the bid of Dubuque Barge And Fleeting (Dba Newt Marine Service) in the amount 01$49,021.02 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to DUBUQUE BARGE AND FLEETING (DBA NEWT MARINE SERVICE), and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contracto(s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Michalski moved to reinstate the rules limiting discussion to Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Eagle Point Park Bluffs: Communication from SA Sutton regarding the Eagle Point Park Bluffs; communication from John A. Brennan, M.D., requesting that he be considered for membership on an ad hoc committee to look into the long-range solution to the Eagle Point Bluff issue; submission of material from Richard Vorwald regarding the Eagle Point Bluff, presented and read. Michalski moved that the communications be received and filed. Seconded by Cline. Motion carried 7-0. Downtown Conservation District - Historic Preservation Commission: Communication from the Historic Preservation Commission requesting that the City Council keep the buiidings proposed for demolition in the Regular Session, September 1,2004 313 Downtown Neighborhood Conservation District and to amend the conservation district regulations to allow government units needing land to submit different information on the site selection process, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager and Staff to examine the proposal and bring back with a recommendation. Seconded by Markham. Motion carried 7-0. Downtown Conservation District - Dubuque Community School District (Second Reading): An Ordinance Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding the Downtown Neighborhood Conservation District, presented and read. Markham 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 Buol. Motion failed due to lack of % vote: Yeas-Buol, Connors, Duggan, Markham, Nicholson. Nays-Cline, Michalski. John Burgart, Superintendent of the Dubuque Community Schools, spoke stressing the numerous formal and informal meetings where citizens could provide input about this issue. Council questioned various specifics of the new Prescott School building. Buol moved that this be the second reading of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Markham, Nicholson. Nays-Michalski. Arts and Cultural Affairs Advisory Commission Ordinance: City Manager recommending approval of an ordinance establishing an Arts and Cultural Affairs Advisory Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An ordinance amending the City of Dubuque Code of Ordinances by adopting a new Chapter 8 Arts and Cultural Affairs Establishing the Arts and Cultural Affairs Advisory Commission, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 64-04 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW CHAPTER 8 ARTS AND CULTURAL AFFAIRS ESTABLISHING THE ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is hereby amended by adopting the following new chapter: Chapter 8 Arts And Cultural Affairs Article I General Sec. 8-1 - 8-10. (Reserved) Article II Arts and Cu~ural Affairs Advisory Commission Sec. 8-11. Created: There is hereby created the Arts and Cultural Affairs Advisory Commission to have such powers and responsibilities as hereinafter provided. Sec. 8-12. Mission: The mission of the Commission is to build the community of Dubuque through arts and cultural programs by developing visibility, funding, audiences, information and partnerships. Sec. 8-13. Goals: The goals of the Commission shall be as follows: (1) To promote, educate and create awareness for arts and cu~ural activities in the Dubuque Community; (2) To develop and increase the market for arts and cultural activities in the Dubuque Community; (3) To facilitate and convene partnerships for arts and cultural activities in the Dubuque Community; and (4) To develop funding options and allocate budgeted funding for arts and cultural activities in the Dubuque Commun~y. Sec. 8-14. Purpose: The purpose of the Arts and Cultural Affairs Advisory Commission shall be to plan, promote and encourage programs to further public awareness of, accessibility to, participation in and support for the artistic and cultural development of the city and to make recommendations to the City Council regarding the establishment of arts and cultural policies and programs, the expenditure of budgeted City funds on arts and cultural activities and the implementation of programs for arts and cu~ure. Sec. 8-15. Powers: The Commission shall have the following powers: To act in an advisory capacity to the City Council in all matters pertaining to the arts and cultural environment of the City: To hold regular public meetings and maintain a written record of its proceedings; To make recommendations to the City Council on the allocation of budgeted city funding for arts programs and services; To recommend to the City Council applications and solicitations for grant, gifts and donations 314 Regular Session, September 7,2004 from individuals, groups, organizations and agencies, both private and public, for any purpose consistent with the purposes of the Commission; To make recommendations to the City Council regarding city sponsorship of public programs to further the deveiopment of public awareness of and accessibility to arts and culture programs and activities; At the request of the Cny Council, to work with area organizations on broad community issues in which a cultural perspective is relevant and desirable; and To engage in comprehensive planning for the cultural development of the City. Sec. 8-16. Cooperation With Other Agencies: The Commission shall cooperate with the Dubuque Cultural Alliance and other groups interested in the promotion and implementation of arts and cultural activities which are in the best interest of the city. Sec. 8-17. Solicitation And Acceptance Of Donations: The Commission may solicit and otherwise accept donations and gifts of money, personal and real property and personal services on behalf of the city. All such donations and gifts received shall become the property of the city for the general use of support of arts and cultural programs of the city as determined by the City Council unless such items have been designated by the donor for specific purposes. Sec. 8.18. Membership, Appointment: (a) The Commission shall comprise seven (7) members. The initial term of four of the members shall be for three years and the initial term of three of the members shall be two years. Thereafter, all terms shall be three (3) years. The expiration date for all terms of office shall be June 30 of the appropriate year. (b) Four members of the Commission shall have significant knowledge and demonstrated interest in one or more areas of the arts including music, dance, literature, visual arts, theater, folk arts, media arts, design, arts education or be a member of the Dubuque Cultural Alliance. Two members shall be from the business and professional community, one of who lives or works in the Cultural and Entertainment district. One member shall be at- large who lives or works outside the Cultural and Entertainment district. (c) Vacancies caused by death, resignation or otherwise shall be promptly filled by the City Council for the unexpired term of office. Sec. 8-19. Attendance: (a) Members of the Commission shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within any consecutive twelve (12) month period. If any member fails to attend such prescribed number of meetings, it shall be grounds for the Commission to recommend to the City Council that the position be declared vacant and a replacement appointed. (b) The attendance of all Commission members shall be entered upon the minutes of all meetings by the secretary. Sec. 8-20. Compensation: Members of the Commission shall serve without compensation except for reimbursement of necessary expenses. Sec. 8-21. Organization: At the initial meeting of the Commission and at the first meeting in July of each year, the Commission shall elect a chairperson, a vice- chairperson and a secretary to serve one-year terms of office. All officers shall be eligible to serve successive terms of office. Sec. 8-22. Meetings: (a) The Commission shall hold a minimum of six meetings a year. Meeting shall be held on the fourth Tuesday of each month at 4:30 p.m. (b) Special meetings may be called by the chairperson or at the written request of three (3) members. (c) All meetings shall be called and held in conformance with the Iowa Open Meetings Law. (d) A copy of the minutes of all regular and special meetings of the Commission shall be filed with the City Council within ten (10) working days after each such meeting. (e) Four (4) members of the Commission shall constitute a quorum for the transaction of business. The affirmative vote of at least four (4) members shall be necessary for the adoption of any resolution. Sec. 8-23. Rules And Regulations: The Commission shall adopt such rules and regulations to govern its internal organization and procedure as it may deem necessary and which are not in conflict with this Chapter or this Code of Ordinances. Copies of such rules and regulations upon their adoption shall immediately be provided to the City Council. Sec. 8-24. Administrative And Other City Policies: All administrative, personnel, accounting, budgetary and procurement policies of the city shall govern the Commission in all of its operations. Passed, approved and adopted this 7'" day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 15~ day of September, 2004. Jeanne F. Schneider, CMC, City Clerk 1t 9/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final Regular Session, September 7,2004 315 consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Paradise Hills 20d Addition - Final Piat: City Manager recommendin,9 approval of the finai plat of Paradise Hills 2" Addition, presented and read. Cline moved that the communication be received and fiied. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 357.04 RESOLUTION APPROVING THE FINAL PLAT OF PARADISE HILLS 2ND ADDITION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Paradise Hills 2nd Addition; 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 Section 42-20(g) Street Grades; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots and Section 42-20(g) Street Grades. Section 2. That the final piat of Paradise Hills 2"d Addition is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct street improvements and storm sewers in accordance with improvement plans approved by the City Engineer and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the street improvements and storm sewers constructed as part of Paradise Hills 20d Addition, until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 3. That in the event Roger Schuelier fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 7'h day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Prohibition of Building Permits: City Manager recommending approval of an amendment to the Code of Ordinances prohibiting the issuance of building permits during consideration of a rezoning or text amendments, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance amending Section 11-3 Building Regulations of the City of Dubuque Code of Ordinances by adding language to prohibit building permit issuance during consideration of a zoning reclassification or text amendment to the zoning or subdivision ordinances, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 65.04 AN ORDINANCE AMENDING SECTION 11.3 BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING LANGUAGE TO PROHIBIT BUILDING PERMIT ISSUANCE DURING CONSIDERATION OF A ZONING RECLASSIFICATION OR TEXT AMENDMENT TO THE ZONING OR SUBDIVISION ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) and Section 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by, to wit: Section 11-3. Permit Issuance Prohibited during Consideration of a Zoning Reclassification or Text Amendment to the Zoning or Subdivision Ordinances. The building official of the city is hereby prohibited from issuing a building permit for real property for which action has been initiated for a change in the zoning classification of the property or a text amendment of the Zoning or Subdivision Ordinances. The prohibition shall be from the date of the filing of the application with the planning services department until the date of final action of the city council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassification or amendment is adopted by city council. Section 2. The foregoing amendment has heretofore been reviewed by the Legal Department of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. 316 Passed, approved and adopted this 7'h day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 15~ day of September, 2004. Jeanne F. Schneider, CMC, City Clerk 11 9/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Zoning Ordinance Update Process: City Manager recommending approval of the process to be used for the Zoning and Subdivision Ordinance update, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. National League of Cities Delegate: Communication from the National League of Cities requesting appointment of a voting delegate and alternate voting delegate for the upcoming Congress of Cities, presented and read. Michalski moved that the communication be received and filed and appointed Council Member Nicholson as the delegate with Council Member Markham as the alternate delegate. Seconded by Connors. Motion carried 1-0. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 7:34 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/22 / 2004 2004 Special Session, September 13, 2004 311 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 13, 2004 Council met in special session at 4:10 p.m. at the Grand River Center Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson via telephone, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Mayor Duggan absent at roll call but arrived at 4:40 p.m. Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting session. The City Council reviewed the 2003 -.2004 Performance Report and identified the major challenges for the next five years and for the agenda for next twelve to eighteen months. A discussion was held based upon the goals developed the previous year with regard to what had been accomplished toward achievement of those goals and what needed to be added or deleted to the goals in order to determine the City's Action Agenda for 2004 - 2006. There being no further business, upon motion meeting adjourned at 9:10 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 9122 / 2004 2004 Atte~/) ) 'P:'?//7;/ ;/t/;;:;;;;:;;/ /1~ J ~ity Clerk . 318 Special Session, September 14, 2004 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, September 14, 2004 Council met in special session at 4:00 p.m. at the Grand River Center Present: Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson (electronically), City Manager Van Milligen; Corporation Counsel Lindahl Absent: Mayor Duggan absent at roll call but arrived at 5:05 p.m. Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of conducting a goal setting session. The City Council reviewed their Policy Agenda for 2004 - 2006 and identified policy issues and actions necessary for each targeted goal. The Council established the Policy Agenda 2004 - 2006 as: Top Priority Action Items - Southwest Arterial: Opportunity Iowa; Stormwater ManagemenVBee Branch Creek Restoration; Street Improvement Program; Arts Policy and Funding; High Priority Action Items - EastlWest Corridor Study; Air Service and Emplanement Strategy; NPDES Approval and Erosion Policy; Annexation: Study and Policy Development; Newly Annexed Areas: Plan, Zoning, Services; Water and Sewer Services to New Developments in Growth Area; Property Maintenance Cases. The City Council established the Management Agenda for 2004 - 2006 as: Mediacom Franchise Agreement; Zoning Ordinance: Update; Adams Company Relocation Completion; Collective Bargaining Negotiations (5); Incident Tracking System; Healthcare Cost Containment Strategy and Action; Federal Strategy; Dubuque Industrial Center West - Phase III: Gaming Agreement; Star Brewery; Waterworks ParkiPyatigorsk Park; State Strategy. Major Projects for 2004 - 2005 were identified as Municipai Services Center Project, Landscape Gateway Projects, and Pedestrian Signage Project. There being no further business, upon motion meeting adjourned at 8:40 p.m. 1t9/22 /s/ Jeanne F. Schneider, CMC City Clerk ~<----. ;/ ) ) --". ~k./-d:/Æ/ Regular Session, September 20, 2004 319 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, September 20, 2004 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson (via telephone), City Manager Van Milligen, Corporation Counsel Lindahl. Absent: Council Member Markham Invocation was given by Sf. Joy Peterson, President of the Sisters of the Presentation Proclamations: Constitution Week (September 17-23, 2004) received by Eileen Coursey; and Crop Walk Day in Dubuque (October 3, 2004) CONSENT ITEMS Minutes and Reports Submitted: City Council of 9/7 and 9/13; Transit Board of 5/13; Zoning Advisory Commission of 9/1, presented and read. Michalski moved that the minutes be received and filed. Seconded by Cline. Motion carried 6-0. Finance Director submitting the City of Dubuque Financial Reports for the month ending August 31,2004 (on file in City Clerk's Office), presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Printed City Council Proceedings of August, 2004, presented and read. Michalski moved that the proceedings be received and filed and approved as printed. Seconded by Cline. Motion carried 8-0. Library Board of Trustees Update from meeting of September 2, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Notice of Claims/Suits: Milt Avenarius for property damage; Mike Bisdorf for property damage; Lisa Brissey for vehicle damage: Theresa Holland for vehicle damage; Jeff Hoyne for vehicle damage; Ferdinand Krawczuk for vehicle damage; Peak Financial Partners vs. City of Dubuque Housing Services et al; Jeff Reuter for property damage, presented and read. Michalski moved that the claims and suits be received and filed and referred to Legal for investigation. carried 6-0. Seconded by Cline. Motion Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: William Brenner for personal injury; Lisa Brissey for vehicle damage; Constance Gibbs for vehicle damage; Ferdinand Krawczuk for vehicle damage; and Jeff Reuter for property damage, presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Cline. Motion carried 6-0. Corporation Counsel recommending that the claim of Theresa Holland for vehicle damage be referred to WC Stewart Construction, Inc., presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Cline. Motion carried 6-0. Arts and Culture Funding: Communications from Jennie Bailey, Executive Director of the Iowa Museum Association; Ron Schardt, 3610 Hillcrest Road; John Duggleby, McFarland, Wisconsin; Randy Etheredge, Trustee - Dubuque Museum of Art; John Schmidt, Vice President - Dubuque Museum of Art; Bob Woodward, Woodward Communications; Randy Lengeling, 1165 Arrowhead Drive; Paul Hemmer, 2375 Simpson; William Intrilligator, Dubuque Symphony Orchestra, in support of funding for the Arts and Culture organizations, presented and read. Michalski moved that the communications be received and filed. Seconded by Cline. Motion carried 6-0. Amalgamated Transit Union Local 329: Communication from Wayne Strohmeyer, President pf Amalgamated Transit Union Local 329, regarding benefits for part-time Keyline bus drivers, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Stipulation of Settlement: Corporation Counsel submitting the Stipulation of Settlement of two tax assessment appeals, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and Langworthy Historic District have been listed in the National Register of Historic Places effective August 12, 2004, presented and read. Michalski moved that the 320 Regular Session, September 20, 2004 communication be received and filed. Seconded by Cline. Motion carried 6-0. Royal Oaks Condominium Project: City Manager submitting information on the amount of public input the City has received regarding the Royal Oaks Condominium Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Francine Banwarth spoke requesting a public hearing, citing taxpayer's money spent on this study. Michalski moved to receive and file the communication and set a public hearing to discuss plans to repair the bluff. Seconded by Cline. Motion failed due to the following vote: Yeas-Michalski, Cline, Connors. Nays-Buol, Duggan, Nicholson. Banwarth questioned the Mayor's ability to vote, stating it was a conflict of interest. Lindahl stated that there was no conflict of interest applicable with this particular motion. Employee Assistance Program Services: City Manager recommending approval of an agreement with Mercy Medical Center to provide employee assistance services for City of Dubuque employees and their family members for Fiscal Year 2005, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. Administrative Services Fee Renewal - Workers' Compensation: City Manager recommending approval of the administrative services fee submitted by Atternative Services Concepts (ASC) for administration of the City's workers' compensation claims, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 8-0. Notice of Intent to Request Release of Funds- Stealth Race Cars Property EDI Project: City Manager recommending approval of the publication of a Notice of Finding of No Significant Impact on the Environment and Intent to Request Release of Funds for the Stealth Race Cars Property Economic Development Initiative (EDI) Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 358-04 A RESOLUTION AUTHORIZING PUBLICA- TION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE STEALTH RACE CARS PROPERTY EDI PROJECT. Whereas, the City of Dubuque has received a Economic Development Initiative (EDI) Special Project grant from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Stealth Race Cars Property EDI project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of" Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Reiease of Funds for the former Dubuque HardwoodslMilier Logging/ Peavey Grain EDI Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on October 19, 2004. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal Regular Session, September 20, 2004 321 official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 20th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2003 through June 30, 2004, which is required by the regulations governing the Community Development Block Grant (CDBG) Program, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 359-04 RESOLUTION AUTHORIZING THE SUBMIS. SION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2003 AND CONCLUDING JUNE 30, 2004. Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion of a program year, each entitlement recipient must submit a performance and evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 2003 and concluding June 30, 2004; 2) published notice of availability of the CAPER in the Telegraph Herald on August 20, 2004 and in the Dubuque Advertiser on August 18, 2004; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City Hall, and Housing and Community Development Department; 4) held a pubiic hearing pursuant to published notice before the Community Development Advisory Commission on September 8, 2004; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evaiuation Report (CAPER) for the period commencing July 1, 2003 and concluding June 30, 2004, a copy of which is attached, is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 20th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Street Finance Report: City Manager recommending approval of the City of Dubuque's Fiscal Year 2004 Street Finance Report for submittal to the Iowa Department of Transportation, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 360-04 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2004 STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Street Finance Report for the period of July 1, 2003, to June 30, 2004, be and the same is hereby approved and that the City Cierk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, adopted and approved this 20th day of September, 2004. Terrance M. Duggan, Mayor 322 Regular Session, September 20, 2004 Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Capital Improvement Program - Request for Reallocation of Funds: City Manager recommending approval of the reallocation of Fiscai Year 2005 Capital Improvement Program funds for expansion of the Americas Hangar at the Dubuque Regional Airport, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. Iowa Federal Recreation Trails Program: City Manager communication to the Iowa Federal Recreational Trails Program encouraging support and approval of the City of Farley's request for funding for their Heritage Trail Connection project, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Eagle Point Park Pavilions: Communication from the American Institute of Architects, Iowa Chapter (AlA Iowa) advising that Eagle Point Park Shelters have been nominated and selected as notable buildings of the 20th Century, presented and read. Michalski moved that the communication be received and fiied. Seconded by Cline. Motion carried 6-0. Sidewalks - Asbury Road: Communication from Bobby Marten submitting a petition to require sidewalks on the north side of Asbury Road from John F. Kennedy Road to the Northwest Arterial, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 6- O. Mark Elenz, 2505 Wheatland Drive, spoke stating he was a resident of the Harvest View area, and stressed the need for sidewalks. Professional Services Agreement: City Manager recommending approval of a Professional Services Agreement and payment of $9,898.40 to Steven Ulstad Architects for services and expenses related to the Police Department remodeling project, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. KFXA-TV Tower Rentai: City Manager recommending approval of the execution of a lease for $12,000 a year with KFXA-TV to rent additional tower space for a second antenna to support the Police Department mobile radio system, presented and read. Michalski moved that the communication be received and fiied and approved recommendation. Seconded by Cline. Motion carried 6-0. Legislative Correspondence: Communications to Senator Charles Grassley, Senator Tom Harkin and Congressman Jim Nussle regarding FEMA reimbursement for flood related damages, presented and read. Michalski moved that the communications be received and filed. Seconded by Cline. Motion carried 6-0. Business Licenses: RESOLUTION NO. 361-04 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 "C" BEER PERMIT MoloOilCo. PuffnSnuff+ (Sunday Sale) 1101 Rhomberg Av Wal-Mart Stores, Inc. Wai-Mart Supercenter #2004+(Sunday Sale) '4200 Dodge St Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 362-04 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 Angela Mangeno Angie's Bar+ Regular Session, September 20, 2004 323 (Sunday Sale) 1401 Elm St P.M.S.T. Inc. Happy's Place+ (Sunday Sale) 2323 Rockdale Rd Carlos O'Kelly's Inc. Carlos O'Kelly's +(Sunday Sale) 1355 Associates Dr Ibrico, Inc. Fat Tuesday's+ (Sunday Sale) 1121 University Av James/Janet Kohl Grand Tap+ (Sunday Sale) 802 Central Av One Flight Up Inc One Flight Up+ (Sunday Sale) 44-48 Main St SPECIAL CLASS "C" WINE Carroll's Wine Company Grape Harbor+ (Sunday/Outdoor Sale) 123 Main St CLASS "B" WINE Wal-Mart Stores, Inv Wal-Mart Supercenter #2004 4200 Dodge St Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Housing Commission (One 3-year unexpired term through 8/17/05) Applicant: Angela Mozena No one spoke. Appointments to the following Boards / Commissions: Civic Center Commission (One unexpired 3- year term through 6/29/06) Applicants: Brian D. Hutchins, Bryce Parks. Vote on the appointment was as follows: Buol voted for Parks. Cline voted for Parks. Connors voted for Parks. Duggan voted for Parks. Michalski voted for Parks. Nicholson voted for Parks. Therefore, Bryce Parks was appointed to the unexpired three year term which will expire 6/29/06. Housing Advisory Trust Fund Committee (One 3-year term through 9m07 - Term of J. Walsh) Applicant: John V. Walsh Michalski moved that John V. Walsh be reappointed to a three year term which will expire 9m07. Seconded by Connors. Motion carried 6-0. Mechanical Code Board (Three 3-year terms through 3/16/07 - Terms of Kelly, Papin and one vacancy) Applicants: Chuck Bandy, David Cleek, Michael P. Kelly, Sean O'Malley, Paul Papin (aiso on Plumbing Board) Vote on the appointments was as follows: Buol voted for Bandy, Kelly and Papin. Cline voted for Bandy, Kelly and Papin. Connors voted for Kelly, O'Malley, and Papin. Duggan voted for Bandy, Kelly and Papin. Michalski voted for Kelly, O'Malley and Papin. Nicholson voted for Bandy, Kelly and Papin. Therefore, Chuck Bandy appointed and Michael P. Kelly and Paul Papin reappointed to three year terms expiring 3/16/07. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Connors. Motion carried 6-0. Cedar Lake Plaza Planned Unit Development (PUD) District: Proof of publication on notice of hearing to consider an amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District as requested by Rick Anderson / Anderson / Schaul Carwash Corporation and Zoning Advisory Commission recommending approval, with conditions; communication from Clark Payne, President of the Turnberry Condominium Owners Association, in opposition to the proposed Cedar Lake Plaza Planned Unit Development (PUD) amendment; communi- cation from Howard McLean and Dorothy McLean in opposition to the proposed amendment to the Cedar Lake Plaza Planned Unit Development (PUD) District; and communication from Rick Anderson requesting that this item be tabled to October 4, 2004; and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances providing for the amendment of Ordinance 63-97, which adopted regulations for hereinafter described property located at Cedar Lake Plaza, 395 Cedar Cross Road, in a PUD Planned Unit Development District with a PC Planned Commercial designation, presented and read. Cline moved to table action on this item. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Michaiski, Nicholson. Nays-None. Abstain- Duggan. 55 West 32"' Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 55 West 32"d Street from AG Agricultural District and R-1 Residential District to HI Heavy Industrial District as requested by North End Wrecking, Inc., and Zoning Advisory Commission recommending approval, with conditions; communication from Richard Koob, 330 Olympic Heights, in opposition to the proposed rezoning at 55 West 32"d Street; communication from Paul J. Uhlrich in opposition to the proposed rezoning at 55 West 32"d Street; Communication from AI Hughes, representing residents of the area known as Olympic Heights, in opposition to the rezoning request of Mr. Roger Kunde and submitting a petition signed by the residents, presented and read. 324 Regular Session, September 20, 2004 Attorney Robert Klauer, North End Wrecking, spoke in favor of the requested rezoning, and gave the zoning history of the property and plans for the area with regards to screening, etc. Hope Huseman, 245 Olympic Heights; Paul Uhlrich, 489 Olympic Heights; Bill Link, 800 Hawkeye Heights; Herman Nauman, 245 Olympic Heights; and Richard Koob, 330 Olympic Heights, all spoke in opposition to the proposed rezoning. Attorney AI Hughes, 1154 iowa, spoke in opposition and distributed an aerial drawing of the property, requesting also that the cars up on the hill be removed. Staff and Jeff Stiles, Chair of the Zoning Advisory Commission, spoke clarifying aspects of the proposed rezoning. Roger Kunde, of North End Wrecking, spoke requesting the rezoning to allow expansion of his business. He stated he was told by the City that it was his property and he could level it off and fence the property. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 55 West 32od Street from AG Agricultural District to HI Heavy Industrial District, with conditions, presented and read. Buol moved to receive and file the documents and deny the rezoning. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Duggan, Michalski. Nays- None. Abstain-Nicholson. 3366 Crescent Ridge - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 3366 Crescent Ridge from R-1 Residential District to CS Commercial Service District as requested by Burt Steve & Sons Garage and Zoning Advisory Commission recommending approval, with conditions, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 6-0. Attorney Mike Coyle, representing the Steve family, spoke requesting the rezoning. He stated that the property was annexed into the City as Residential in 1979 and the project was scaled back to only the area that was necessary. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 3366 Crescent Ridge from R-1 Single-Family Residential District to CS Commercial Service and Wholesale District, with conditions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 66-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI. BED PROPERTY LOCATED AT 3366 CRESCENT RIDGE FROM R-1 SINGLE. FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family Residentiai District and CS Commercial Service and Wholesale District, with conditions, and as shown in Exhibit A, and to the centerline of adjoining public right-of-way, all in the City of Dubuque, Iowa; 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 20th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property as shown in Exhibit A, and to the centerline of the adjoining public right-of.way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No. 66-04, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) Restrict rezoning of only the north portion of the property to CS Commercial Service and Wholesale District as shown in Exhibit A. 2) That 6-foot high screening shall be provided along adjacent R-1 Single-Family Residential property. B) Reclassification of the Subiect Prooertv. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single- Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the Regular Session, September 20, 2004 325 provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordinc. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 66-04. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 66-04 I, Marie Steve, property owner, having read the terms and conditions of the foregoing Ordinance No. 66-04 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 20th day of September, 2004. /s/ Marie Steve Published officially in the Telegraph Herald newspaper this 24~ day of September, 2004. Jeanne F. Schneider, City Clerk 11 9/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 6-0. 2018 Grace Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2018 Grace Street from R-1 Residential District to ID Institutional District as requested by the University of Dubuque, and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 6-0. Tracey Wagner, of the University of Dubuque, spoke in support of the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2018 Grace Street from R-1 Single-Family Residential District to ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 67.04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI. BED PROPERTY LOCATED AT 2018 GRACE STREET FROM R.1 SINGLE.FAMILY RESIDENTIAL DISTRICT TO 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 reclassifying hereinafter described property iocated at 2018 Grace Street from R-1 Single-family Residential District to ID Institutional, to wit: Lot 4 Hantelmans Subdivision, 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 directiy by the zoning reclassification: A. Use Reculations. 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 [45] b) Vocational Schools [45] c) Seminaries [45] d) Offices for administrative personnel or other institutional employees and affiliates [14J e) Churches [7J, libraries, and museums [13] f) Classrooms, laboratories, lecture halls, and similar places of institutional assembiy [45] g) Off-street parking and ioading [NA] h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7] i) Single-family, two family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] 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 iocated 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. 326 Regular Session, September 20, 2004 3) No conditional uses shall be allowed. [ ] Parking requirements as per Section C of this Ordinance. B. Performance Standards The deveiopment and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1) New outdoor lighting for the parking lot shall utilize 72-degree cut-off iuminaries. 2) Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 3) All utilities including telephone and cable television shall be installed underground. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. C. Parkina Reauirements 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: [9] 1.5 spaces for each dwelling unit [11 J Two spaces for each dwelling unit [14] 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. [7] One space for each four permanent seats. [13J One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift D. ODen SDace 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 and/or association. E. Sian Reaulations 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. F. Transfer of OwnershiD Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications Any modifications of this Ordinance must be approved by the City Councii in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. H. 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 thirty [30] 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 20th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk ACCEPTANCE OF ORDINANCE NO. 67-04 I, Reverend Jeffery F. Bullock, President, University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. 67-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 23rd day of September, 2004. By: /s/ Jeffery F. Bullock President, University of Dubuque Published officially in the Telegraph Herald newspaper this 15th day of October, 2004. Jeanne F. Schneider, City Clerk 11 10/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Councii Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-0. 2184 Bennett Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2184 Bennett Street from R-1 Residential District to ID Institutional District as requested by the University of Dubuque, and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. Tracey Wagner, of the University of Dubuque, spoke in support of the rezoning and stated the property would be used to house the ROTC offices. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2184 Bennett Street from R-1 Single-Family Residential Regular Session, September 20, 2004 327 District to ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 68-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 2184 BENNETT STREET FROM R.1 SINGLE. FAMILY RESIDENTIAL DISTRICT TO 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 reclassifying hereinafter described property located at 2184 Bennett Street from R-1 Single-Family Residential District to ID Institutional District, to wit: Lot 5 Bennett Street Subdivision, 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 Reaulations. The following regulations shall apply to all uses made of land in the above-described ID Institutionai District: 1) Principal permitted uses shall be limited to: a) Colleges and universities [45] b) Vocational Schools [45] c) Seminaries [45] d) Offices for administrative personnel or other institutional employees and affiliates [14] e) Churches [7], libraries, and museums [13] f) Classrooms, laboratories, lecture halls, and similar places of institutional assembly [45] g) Off-street parking and loading [NA]h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7J i) Single-family, two family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] 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 customariiy 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. [ ] Parking requirements as per Section C of this Ordinance. B. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1) New outdoor lighting for the parking lot shall utilize 72-degree cut-off luminaries. 2) Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 3) All utilities including teiephone and cable television shall be installed underground. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. C. Parkina Reouirements 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: [9] 1.5 spaces for each dwelling unit [11] Two spaces for each dwelling unit [14] 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. [7] One space for each four permanent seats. [13] One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift D. 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 and/or association. E. Sian Reaulations 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. F. 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 purchaser or lessee acknowledges awareness 328 Regular Session, September 20, 2004 of the conditions authorizing the establishment of the district. G. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 8 of the Zoning Ordinance. H. Recordino 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 thirty [30] 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 20th day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk ACCEPTANCE OF ORDINANCE NO. 68-04 I, Reverend Jeffery F. Bullock, resident, University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. 68-04 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 23 day of September, 2004. By: /s/ Jeffery F. Bullock Reverend Jeffery F. Bullock President, University of Dubuque Published officially in the Telegraph Herald newspaper this 15th day of October, 2004. Jeanne F. Schneider, City Clerk 11 10/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. 300 - 400 South Locust - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 300 - 400 South Locust from LI Light Industrial to C-3 General Commercial District as requested by Hy-Vee, Inc., and Zoning Advisory Commission recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 6-0. Randy Downs of the Hy-Vee Engineering Department spoke in favor of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 300 South Locust Street from LI Light Industrial District to C-3 General Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 69-04 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 300 SOUTH LOCUST STREET FROM LI LIGHT INDUSTRIAL DISTRICT TO C.3 GENERAL COMMERICAL DISTRICT. NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from LI Light Industrial District to C-3 General Commercial District to wit: Part of Lot 2, Part of Lot 2-1-1, Part of Lot 2-1-1- 1, Lot 1-A of Henry A. Robinson Industrial Subdivision and Block 31 Dubuque Harbor Company's Addition, 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 20~ day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of September, 2004. Jeanne F. Schneider, City Clerk 1t9/24 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 6-0. HI Heavy Industrial District - Text Amendment: Proof of publication on notice of hearing to consider a text amendment to add retail sales and service as a conditional use in the HI Heavy Industrial District as requested by Tschiggfrie Excavating, and Zoning Advisory Commission Regular Session, September 20, 2004 329 recommending approvai, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 6-0. Ed Tschiggfrie, 400 Julien Dubuque Drive, spoke in favor of the proposed text amendment. An Ordinance Amending Section 3-4.2(d) of the City of Dubuque Code of Ordinances by adding retail sales and service use as a conditional use in the HI Heavy Industrial Zoning Districts, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 70.04 AN ORDINANCE AMENDING SECTION 3. 4.2(D) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING RETAIL SALES AND SERVICE USE AS A CONDITIONAL USE IN THE HI HEAVY INDUSTRIAL ZONING DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-4.2(D) of the Code of Ordinances is hereby amended by adding retail sales and service as a conditional use in the Heavy Industrial District as follows: 2) Retail sales and service, provided that: a) Retail sales and service activity shall not be permitted in an area where parking and pedestrian traffic is likely to conflict with on-site or adjacent industrial users; b) If located within an actively used industrial building, the retail use is fully physically separated from any industrial uses; and, c) That the parking group requirements can be met. [17] 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 b~ law. Passed, approved and adopted this 20 day of September 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24~ day of September, 2004. Jeanne F. Schneider, City Cierk 1t 9/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 6-0. Railroad Avenue - Request to Vacate: Proof of publication on notice of hearing to consider a request from Hy-Vee to vacate a portion of Railroad Avenue and City Manager recommending approval and that the purchase price be established at $100,000, plus the relocation of all utilities, platting, publication and filing fees, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 6- O. RESOLUTION NO. 363-04 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RAILROAD AVENUE FROM LOCUST STREET TO HARRISON STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 11 th day of August, 2004, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Railroad Avenue from Locust Street to Harrison Street; 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 11~ day of August, 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 behalf of the City of Dubuque, iowa. Section 2. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with City of Dubuque Standards and Specifications. Section 3. 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 20lh day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. An Ordinance Vacating Railroad Avenue from Locust Street to Harrison Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 71-04 ORDINANCE VACATING RAILROAD AVENUE FROM LOCUST STREET TO HARRISON STREET 330 Regular Session, September 20, 2004 Whereas, HY-VEE, Inc. has requested the vacating of Railroad Avenue from Locust Street to Harrison Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Railroad Avenue from Locust Street to Harrison Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Railroad Avenue from Locust Street to Harrison Street is no longer required for public use, and that existing utilities will be relocated at the expense of HY-VEE, Inc. and vacating of said portion of Railroad Avenue from Locust Street to Harrison Street known as Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1A of Eagles Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The relocation of all utilities affected by the vacating of- Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with City of Dubuque Standards and Specifications. Passed, approved and adopted this 20~ day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24~ day of September, 2004. Jeanne F. Schneider, City Clerk 1t9/24 Connors moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 364.04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF EAGLES PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 10~ day of September, 2004, the City Council of the City of Dubuque, Iowa met on the 20~ day of September, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1A of Eagles Place in the City of Dubuque, Dubuque County, Iowa Whereas, the Cily 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 1A of Eagles Place in the City of Dubuque, Iowa to HY-VEE, Inc. be and the same is hereby approved for the sum of $117,000, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The relocation of all utilities affected by the vacating of Railroad Avenue from Locust Street to Harrison Street be engineered, constructed, and inspected at the expense of HY-VEE, Inc. in accordance with City of Dubuque Standards and Specifications. Section 3 That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to HY-VEE, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF RESOLUTION NO. 364.04 I, the undersigned, Dennis A. Ausenhus, representing HY.VEE, Inc. having read the terms and conditions of the Resolution No. 364- 04, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa, this 5~ day of October, 2004. HY-VEE, INC. By: /s/ Dennis A. Ausenhus Sr. V.P. Real Estate/Engineering Connors moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Associates Drive - Request to Vacate: Proof of publication on notice of hearing to consider a request from THE CU-LlNK, Inc., to vacate and purchase a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 and City Manager recommending approval and that the purchase price be established at Regular Session, September 20, 2004 331 $8,231, plus platting, publication and filing fees, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 365-04 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF ASSOCIATES DRIVE ABUTTING LOT 8 OF MEDICAL ASSOCIATES SUBDIVISION NO.2 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated 24th day of August, 2004, prepared by IIW Engineers & Surveyors, PC describing the proposed vacated portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2; 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 24th day of August, 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 behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and eiectric lines as may be authorized by the City of Dubuque, Iowa. Section 3. 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 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. An Ordinance vacating a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 72-04 ORDINANCE VACATING A PORTION OF ASSOCIATES DRIVE ABUTTING LOT 8 OF MEDICAL ASSOCIATES SUBDIVISION NO.2 Whereas, THE CU LINK, Inc. has requested the vacating of a portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 and assigned lot number thereto, which hereinafter shall be known and described as Lot 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 Is no longer required for public use, except for utility easements as noted, and vacating of said portion of Associates Drive known as Lot 8A of Medical Associates Subdivision No.2 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 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24~ day of September, 2004. Jeanne F. Schneider, City Clerk 1t 9/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 366.04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 8A OF MEDICAL ASSO. CIATES SUBDIVISION NO.2, 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 10th day of September, 2004, the City Council of the City of Dubuque, iowa met on 332 Regular Session, September 20, 2004 the 20th day of September, 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 saie of real estate described as: Lot 8A of Medical Associates Subdivision No. 2, in the City of Dubuque, Dubuque County, Iowa Whereas, the Cijy 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 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa to THE CU LINK, Inc. be and the same is hereby approved for the sum of $8,231 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to THE CU LINK, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. Fiscal Year 2005 Budget Amendment: Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2005 budget and City Manager recommending approval, presented and read. Connors moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. Regular Session, September 20, 2004 333 RESOLUTION No. 367-()4 A ""SOLU~OH AMEH!>HG THE eUR""NT BUDGET FOR THE RSeAL YEAR EHOIHG JUHE 30. 2005 (AS AMEHDED LASTDH .) Bo ItR..o'" by tho Council oflhe City of DUBUQUE SActio, ,. Fo""'"" ""b" pu~.hed Seot"""",. tr:2004 ">dthA,'blichæ'nghAId. S""mb,, 20. 2004 ~A"'~nlbudgot(""A~ou"YAmAnd"')"AmAndAd""lo,' he"""nd "thAd"'" by fund type oed 'cbv'~I"",u,po"'Ih',",,~utio'wh'ch...""n'IdA"'d ot~oth..""" "",~un & ""'" Fi~nc'", Sou~, T~H"""~"'" '0..- T_'" Yn, """,_,..,.",To. "" , T_. mRo- """' T- 'a_"""" Un".....,o'" ,~ ....... "" "'........ , ,-- ",- _FI ....... ...,....,_,"'01,,","'- e.....d1tuno & DlhM Finoncing U,n ,.'" ,,"'w- Hn""""""""'" """',...- .."""""<"'" -- """ ..... , T"_.""""""'- ""'_T ,... - T...""""""""o.,"'","'" T......."", T~""',..,..,"",......."", "---."'",,"'.-.... 'U""" ..._.....".~,~. D. A ....F"""'~ , E""'" F.., A.__J,,"O" To"'Budgot ""rt"", o""tomAnd'" Cu~nt AmAndmAnt Total Budgot A"',CU~nt AmAnd...nt 29 30 31 ",,"'~. 20th 4Adbr¿¡;z//ilJ t7 ""co::..:.""'"' Connors moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. 2004 Curb Ramp Installation - CDBG Project #2: Proof of publication on notice of hearing on the 2004 Curb Ramp Installation - CDBG Project #2 and City Manager recommending award of the contract to Skyline Construction in the amount of $31,830, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Buol. Motion carried 5-0 with Cline briefly out of the room. d,yof Sept;¡t~Ýt/---- RESOLUTION NO. 368.04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1" day of September, 2004, plans, specifications, form of contract and estimated cost were fiied with the City Clerk of Dubuque, Iowa for the 2004 Curb Ramp Installation - CDBG Project No.2. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 334 Regular Session, September 20, 2004 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 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 5-0 with Cline briefly out of the room. RESOLUTION NO. 369-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2004 Curb Ramp Installation - CDBG Project No.2 pursuant to Resolution No. 347-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of September, 2004. Whereas, said sealed proposals were opened and read on the 14th day of September, 2004, and it has been determined that the bid of Skyline Construction of Zwingle, Iowa, in the amount of $31 ,830.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Skyline Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20~ day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 5-0 with Cline briefly out of the room. Marshall Park Sanitary Sewer Extension Project: Proof of publication on notice of hearing on the Marshall Park Sanitary Sewer Extension Project and City Manager recommending award of the contract to Fondell Excavating in the amount of $89,766, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 370.04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of August, 2004, pians, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Marshall Park Sanitary Sewer Extension Project. Whereas, notice of hearing on plans, 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: 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 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 371-04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Marshall Park Sanitary Sewer Extension Project pursuant to Resolution No. 331-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of August, 2004. Whereas, said sealed proposals were opened and read on the 2°' day of September, 2004, and it has been determined that the bid of Fondell Excavating of Dubuque, Iowa, in the amount of $89,766.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Fondell Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Regular Session, September 20, 2004 335 Arboretum Entrance Road Construction Project: Proof of pubiication on notice of hearing on the Arboretum Entrance Road Construction Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $107,601, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 372-04 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of August, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, iowa for the Arboretum Entrance Road Construction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the pians, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 373.04 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Arboretum Entrance Road Construction Project pursuant to Resolution No. 334-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of August, 2004. Whereas, said sealed proposals were opened and read on 9th day of September, 2004, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $107,601.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessfui bidders. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Cierk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0. Michalski moved to reinstate the rules limiting discussion to the Council. Seconded by Connors. Motion carried 6-0. ACTION ITEMS Code of Ordinances - Chapter 5 - Aicoholic Beverages: City Manager recommending approval of two ordinance changes to help reduce the availability and over-indulgence of alcohol; communication from Rick Merfeld, Director of Residence Life - University of Dubuque; Tammy S. Walsh, Dean of Student Life at the University of Dubuque; and Dean Nelson of the Dubuque Area Substance Abuse Coalition, in support of the proposed ordinances, presented and read. Kevin Menning, of One-Flight Up, spoke in opposition to the proposed Ordinances, stating that the Task Force had not sufficiently studied the problem to determine how the drink specials were run. He further stated that the ordinances, as written, would not resolve any existing problems and were not fair to the majority of drinking establishments, presented and read. An Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances by enacting a new Section 5-9 prohibiting buffet sales of alcoholic liquor, wine or beer and an Ordinance amending Chapter 5 Alcoholic Beverages of the City of Dubuque Code of Ordinances is amended by adding the definitions of restaurant and kitchen facility to Section 5-2 and amending Section 5-7.2 prohibiting persons under the legal age from remaining on the premises where aicoholic liquor is sold or dispensed thirty minutes after any restaurant on the licensed premises is closed, presented and read. After discussion, Buol moved to consider this the first reading of the Ordinances. Seconded by Michalski. Motion carried 6-0. Iowa Highway 32 (Southwest Arterial) - Phase I Consultant Selection (Tabled on September 7, 2004): Cline moved to remove the following item from the table. Seconded by Michalski. Motion carried 6-0. 336 Regular Session, September 20, 2004 City Manager submitting addijlonal information regarding the inclusion of a construction contractor on the engineering consultant project team for the iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project and recommending approval of Earth Tech Consulting Engineers as the consultant for the project; City Manager recommending approval of the selection of Earth Tech, Inc., partnered with Durrant Architects, as the consultant for the Iowa Highway 32 (Southwest Arterial) Phase I - Preliminary Engineering Design Services project, presented and read. Cline moved to receive and file the documents and approve the selection of Earth Tech, Inc. partnered with Durrant Architects. Seconded by Michalski. Motion failed due to the following vote: Yeas-Connors, Duggan, Nichoison. Nays-Buol, Cline, Michalski. Council discussed the criteria of the RFP's, the process approved by the State, the creativity used by Earth Tech and the possibility of re- starting the process of issuing another Request for Proposals. Roger Walton, Iowa Department of Transportation, explained that the process used for this Request for Proposals was the same as IDOT consistently used. He stressed that these are proposals - not plans and specifications for the project and that creativity was one aspect they looked for in the proposais. Bob Lentz from Earth Tech spoke clarifying some of the facts. After discussion, Michalski moved to reconsider the motion. Seconded by Buol. Carried by the following vote: Yeas-Buol, Connors, Duggan, Michaiski, Nicholson. Nays- Cline. Michalski moved to receive and file the documents and approve the selection of Earth Tech, Inc. partnered with Durrant Architects. Seconded by Connors. Carried by the following vote: Yeas-Buol, Connors, Duggan, Michalski, Nicholson. Nays-Cline. Downtown Conservation District. Dubuque Community School District (Third Reading): Communication from John Burgart, Dubuque Community School Superintendent, regarding the School District request, presented and read. Michalski moved that the communication be received and fiied. Seconded by Buol. Motion carried 8-0. An Ordinance No. 73-04 Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding the Downtown Neighborhood Conservation District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 73.04 AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING THE DOWNTOWN NEIGHBOR. HOOD CONSERVATION DISTRICT. Whereas, the Dubuque Community School District has requested the removal of certain properties from the Downtown Neighborhood Conservation District; and Whereas, the City of Dubuque established Conservation Districts to allow for the City Council's review of demolition permits that might impact buildings of historic or architectural significance in these districts; and Whereas, the Dubuque Community School District has requested the removal of these properties to facilitate construction of a new downtown school; and Whereas, the City Council finds that the approval of the School District's request balances competing governmental interests for the greater public good. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 11- 4(a)(8) to read as follows: (8) Downtown Neighborhood: Beginning at the intersection of WMe Street and Eleventh Street, thence southerly along White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks: thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southeriy along the riverfront across the Ice Harbor to the eastern terminus of First Street; thence westerly along First Street to ijs intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 81/151 to its intersection with the Locust Street Connector; thence westeriy along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to First Street; thence westerly along First Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence northeriy on Locust Street to its intersection with Seventh Street; thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to the bluff line: thence northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence Regular Session, September 20, 2004 northerly along Bluff Street to its intersection with Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with White Street, thence southerly along White Street to its intersection with Thirteenth Street, thence weste~y along Thirteenth Street to its intersection with Central Avenue, thence southe~y along Central Avenue to its intersection with Eleventh Street, thence easterly along Eieventh Street to its intersection with White Street, which is the point of beginning. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published official!,\' in the Telegraph Herald newspaper this 23' day of September, 2004. Jeanne F. Schneider, City Clerk 11 9/23 Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Carried by the following vote: Yeas-Buol, Connors, Duggan, Nicholson. Nays-Cline, Michalski. Downtown Conservation District Reguiations: City Manager recommending approval of procedures for review of Conservation District projects of state and other local governmental units, presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 6-0. An Ordinance amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding Conservation Districts, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 74.04 AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING CONSERVATION DISTRICTS. Whereas, the Historic Preservation Commission has recommended amendments to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding Conservation Districts: and Whereas, the City Council established Conservation Districts to allow for the Commission's and City Council's review of demolition permits that might impact buildings of historic or architectural significance in these districts; and 337 Whereas, the Commission has recommended criteria for the Commission and the City Council to consider if the state of Iowa or a political subdivision of the state is able to perform its functions; and Whereas, the City Council finds that the recommended amendments to Chapter 11 are consistent with the goals and objectives of the City's Comprehensive Plan and the purpose and intent of the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending the following sections to read as follows: 11-4(b) Review by the Historic Preservation Commission. Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the Historic Preservation Commission of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the Housing and Community Development Department. The applicant shall file the information required in this section with the Historic Preservation Commission at the Office of the Planning Services Department by the application deadline established by the Commission. If the application is for any building with one or more dwelling units, the Planning Services Department shall provide the filed information to the Housing and Community Development Department. At its next regular meeting, the Commission shall recommend to the City Council approval or denial of the application, or table the application for additional information for a specified period not to exceed sixty (60) days from the date of application with the Commission. A failure of the Commission to take action on the application within the sixty (60) day period, unless the applicant requests and the Commission grants an extension of such time, shall constitute Commission approval thereof. The recommendation of the Commission shall be transmitted to the City Clerk. The City Clerk shall promptly transmit the recommendation and the application to the City Council for its consideration. The Commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the Housing and Community Development Department, and shall make a determination as to the following: (1) Whether the building proposed for demolition has historic or architectural significance to the community; and 338 Regular Session, September 20, 2004 (2) Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonabie economic return on the property. If the Commission finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architecturai significance to the community, the Commission shall recommend approval of the application. If the Commission finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property, and that the building has historical or architectural significance to the community, the Commission shall recommend denial of the permit application. If the applicant is the state of Iowa or a political subdivision of the state, the Commission shall also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows: (1) If the Commission finds that denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions, the Commission shall recommend approval of the application. (2) If the Commission finds that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the Commission may recommend denial of the application. 11-4(c) Historic and architectural significance guidelines and review criteria. The report, "Heritage of Dubuque" dated March 1974 and filed on record on January 27, 1975, shall be considered as a comprehensive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a reference conservation district. The City of Dubuque's Historic Property Inventory and any subsequent official architectural/historical surveys / evaluations and nominations to the National Register of Historic Places prepared for any buildings located within the neighborhoods described in subsection (a) aiso shall be considered as guidelines at such time. In determining whether a building has historic or architectural significance, the Commission and the City Council shall consider an application for a demolition permit in accordance with the standards for review set forth in the Secretary of the Interior's Standards for Identification and Evaiuation, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior. The Commission and the City Council shall also consider a determination from the State Historical Society of Iowa as to the potential eiigibility for listing of the building proposed for demolition on the National Register of Historic Places. 11-4(d) Economic Guidelines and Review Criteria. in determining whether to recommend approval or denial of the application, the Commission and the Crty Council may consider the information set forth in this subsection. The Commission and the City Council may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information: (1) A bid from a qualified contractor showing the cost of the proposed demolition; (2) A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish; (3) An opinion of the market value and the appraised value of the property by a realtor or appraiser: a) in its current condition, b) after completion of the proposed demolition, c) after renovation of the existing property for continued use, and d) all appraisals obtained within the last five (5) years for the property; (4) An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: a) to perform the repairs identified by the Building Services Department and the Housing and Community Development Department if the structure contains one or more dwelling units, and b) to rehabilitate the structure; (5) The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing; (6) If the property is income-producing, Form 1040 Schedule E or equivalent for the previous two (2) years; (7) Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period; (8) The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years: (9) Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous five (5) years; (10) The assessed value of the property for the previous two (2) assessment years; Regular Session, September 20, 2004 339 (11) The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid; (12) Any other information considered necessary by the Commission by the City Council to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s); (13) A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use; and (14) A statement of the applicant's current maintenance and repair activities. If the application is for any building with one or more dwelling units, the Housing and Community Development Department may also make submissions concerning any or all of the above Information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The Commission shall consider such information. (e) Guidelines and Review Criteria for Applications by the State of Iowa or a Political Subdivision of the State: In determining whether to recommend approval or denial of the application, the Commission and the City Council may consider the information set forth in this subsection and any other information the Commission or the City Council considers relevant to balancing any conflicting governmental interests. The Commission and the City Council may require that the applicant make submissions concerning any or all of the following information for the proposed site and suitable alternative location(s): (1) Fair market value of property; (2) Estimate of the cost of the proposed demolition, including hazardous material removal and remediation; (3) Fair market value of any property owned by the governmental body that could be sold if that site is not chosen for the project; (4) Property tax impact of removing private property from the tax rolls at the proposed location and all alternative locations; (5) Any other factors that contribute to making one location more suitable than others for the proposed use. (6) Any other information appropriate to evaluating how all conflicting governmental interests may be accommodated. (7) The need for the use in question, the effect on neighboring property, and the environmental impact of the proposed use. 11-4(1) Action by the City Council. At its next regular meeting following receipt of the recommendation of the Commission by the City Clerk, the City Council shall hold a hearing on the application for a demolition permit and shall approve, deny or withhoid action on the application for a specified period not to exceed ninety (90) days from the date of application to the Building Services Department, unless the applicant requests an extension of such time. If the City Council fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official shall issue the permit forthwith. The City Council may withhold action on the application to alloW the City Council and the Commission an opportunity to investigate the historical or architectural value of the building to the community and to take such action as may be appropriate to encourage its preservation. However, nothing in this section shall authorize the withhoiding by the building official of a demolition permit for more than ninety (90) days from the date of application to the Building Services Department, unless the applicant requests an extension. At the hearing, the City Council shall consider the recommendation of the Commission, any information submitted to the Commission by the applicant, any information submitted to the City Council by the applicant, and, if the application is for any building with one or more dwelling units, any information submitted by the Housing and Community Development Department. If the City Council finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property or that the building does not have any historical or architectural significance to the community, the City Council shall approve the application. If the City Council finds that denial of the application would not prevent the owner from earning a reasonable economic return on the property and that the building has historical or architectural significance to the community, the City Council shall deny the application. If the applicant is the state of Iowa or a political subdivision of the state, the City Council shall also make a determination as to whether the denial of the application would prevent the state or the political subdivision from accomplishing its governmental functions as follows: (1) If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the City Council finds that denial of the application would prevent the state or the politicai subdivision from accomplishing its governmental functions, the City Council shall approve the application. (2) If, after weighing the interests and attempting to accommodate all conflicting governmental interests, the City Council finds 340 Regular Session, September 20, 2004 that denial of the application would not prevent the state or the political subdivision from accomplishing its governmental functions, the City Council may deny the application. If the City Council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of September, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officiallx in the Telegraph Herald newspaper this 24' day of September, 2004. Jeanne F. Schneider, City Clerk 11 9/24 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 Buol. Motion carried 6-0. Dubuque Community School District: Communication from John Burgart, Superintendent of the Dubuque Community School District, expressing appreciation to the City for providing playground improvements and equipment at Bryant and Table Mound Elementary Schools, presented and read. Connors moved that the communication be received and filed. Seconded by Buol. Motion carried 6-0. Commission on Accreditation for Law Enforcement Agencies: Communication from the Commission on Accreditation for Law Enforcement Agencies advising that the City of Dubuque Police Department has been awarded Reaccreditation status, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. At 10:02 P.M. Buol moved to go into Closed Session - Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)G) 2003 Code of Iowa. Seconded by Connors. Motion carried 6- O. At 10:14 P.M. Council reconvened Regular Session. There being no further business, Buol moved to adjourn. Seconded by Connors. Motion carried 6-0. The meeting adjourned at 10:15 P.M. Jeanne F. Schneider, CMC City Clerk 1t 9/29 2004