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2001 January Council Proceedings Special Session, January 2, 2001 1 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, January 2, 2001 Councii Met in Special Session at 5:00 P,M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins; City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Also Present Historic Preservation Commissioners and Historic Preservation Ordinance Task Force Members: Terry Mozena, Chair and Commissioners: Pamela Bradford, Suzanne Guinn, Chris Wand, and Ken Kringle; Jim Gross of the Board of Realtors; Cheryl Whalen I representing a Historic District; and Regina Thibeau of the Historical Society. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of conducting a joint session with the Historic Preservation Commission. . Terry Mozena led the discussion and went over the combined report of the Historic Preservation Commission and the Historic Preservation Ordinance Task Force. There being no further business, upon consensus this special meeting adjourned at 6:35 P.M. /s/ Jeanne F. Schneider City Clerk . Approved: d~ z {/"y;;J /l Adopted:d/.{,ex>t' 6~ ~/ 2001 2001 Council Members 2 Regular Session, January 2, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, January 2, 2001 Council Met in Regular Session at 6:36 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was give,n by Deacon Bill Mauss of SI. AnthonyDs Catholic Church. PROCLAMATIONS: Martin Luther King, Jr. Days (January 14 and 15, 2001) received by Bill Hickson and Ernestine Maas. CONSENT ITEMS Minutes Submitted: Building Code Board of Appeals of 12/14; City Council Proceedings of 12118; Civil Service Commission of 1217; Community Development Advisory Commission 01 9112, 10/17, and 11121; Five Flags Commission of 11/20, presented and read. Buo\ moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7 -0. Proof of Publication of Council Proceedings for 11129 and 12/4, presented and read. Buoi moved that the proof be received and filed, Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Matthew Germain in undetermined amount 10r vehicle damage; Ed Kruse in estimated amount of $153.17 for vehicle damage; Ellen Zelinskas in estimated amount of $653.85 for vehicle damage; Gary and Susan Reiter in estimated amount of $160.70 for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Slaff for investigation and report. Seconded by Robbins. Motion carried 7- O. Corporation Counsel recommending settlement of the claim of Wade Pilcher in the amount 01 $58.30 for towing charges, presented and read. Suol moved that the communication be received and filed and concurred with the recommendation and Finance Director to issue the proper check. Seconded by Robbins. Motion carried 7-0. Monitoring Wells at 925 Kerper: City Manager recommending approval of a request from IT Group to install four new groundwater monitoring wells on City property adjacent to 925 Kerper Boulevard, presented and read. Buol moved that the communication be received and filed, Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 1-01 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MIDAMERtCAN ENERGY COMPANY TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF- WAY IN THE VICINITY OF 925 KERPER BOULEVARD WHEREAS, MidAmerican Energy Company has requested permission from the City of Dubuque to install groundwater-monitoring wells on City right-at-way of Kerper Boulevard, for the purpose of assessing groundwater conditions relating to the former PeopleOs Natural Gas site; and, WHEREAS, a License Agreement Right-of- Entry for Site Assessment has been prepared outlining the responsibilities of MidAmerican Energy Company in the installation of monitoring wells on the public right-at-way; and, WHEREAS, the pertormance of the activities of MidAmerican Energy Company will be at no cost or expense to the City and all work will be pertormed by the Licensee, MidAmerican Energy, or its employees, agents for subcontractor; and, WHEREAS, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right- of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the License Agreement for Right-of-Entry for Site Assessment be and the same is hereby approved. Section 2. The Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 2nd day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. IDOT Project Agreement - Northwest Arterial, Phase iV: City Manager recommending approval of an agreement between the City and the Iowa Department of Transportation relating to Regular Session, January 2, 2001 3 .. construction of a recreational trail to be graded as part of the Northwest Arterial, Phase IV extension to US 52, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. - RESOLUTION NO. 2-01 RESOLUTION APPROVING COOPERATIVE AGREEMENT WtTH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE GRADING FOR A RECREATIONAL TRAIL AS PART OF THE CONSTRUCTION OF THE NORTHWEST ARTERIAL EXTENStON FROM JOHN F. KENNEDY ROAD TO US 52 Whereas, the Iowa Department of Transportation (lOOT) is proposing to construct a four.lane divided highway extending from its current terminus of John F. Kennedy Road to US 52; and, Whereas, mOT has prepared a project agreement"outlining the terms under which the grading for a recreational trail can be incorporated into the construction project; and, Whereas, the City Council of the City of Dubuque approves the terms and conditions of said cooperative agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Agreement No. 99-4-095B consisting of the project agreement for the grading for a recreational trail to be constructed as part of the Northwest Arterial construction from John F. Kennedy to US 52. Section 2. That the Mayor be authorized and directed to execute two copies of the cooperative agreement and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this 2" day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Klingenberg Terrace Retaining Wall Reconstruction Project . Acceptance: City Manager recommending acceptance of the Klingenberg Terrace Retaining Wall Reconstruction Project in the final contract amount of $318,626.99, presented and read. Nicholson moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. -. RESOLUTION NO. 3-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction Project has been completed and the City manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Replacement Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 2nd day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 4-01 FINAL ESTIMATE Whereas, the contract for the Klingenberg Terrace Retaining Wall Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $345,804.99 and the said amount shall be paid from the Fiscal Year 2000 Street Program, the General Retaining Wall Repair Fund, the General Sanitary Sewer Repair Fund, and the General Guardrail Repiacement Fund. Passed, approved and adopted this 20d day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Human Rights Commission Annual Report: City Manager submitting the annual report of the Human Rights Commission for the period July 1 , 1999 through June 30, 2000, presented and read. Buol moved that the report be received and filed. Seconded by Robbins. Motion carried 7-0. 4 Regular Session, January 2, 2001 Iowa Department of Transportation: Official notification from the Iowa Department of Transportation that they are ietting a cracksealing project on US 52 from St. Donatus northerly 12 miles to Grandview Avenue in Dubuque and that a portion of the project lies within the corporate limits of Dubuque, presented and read. Suol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Peoples Natural Gas/Energy One: Communication from Peoples Natural Gas/Energy One regarding their concern about the current high natural gas prices, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Molion carried 7-0. State Historical Society of Iowa: Communication trom \he State Historicai Society of Iowa advising that Four Mounds has been listed in the Nationai Register of Historic Places effective November 17, 2000. Buoi moved that the communication be received and filed. Secondad by Robbins. Motion carried 7-0. RESOLUTION NO. 5-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY Co.UNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale ot Cigarattes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Walgreens # 6154 Waigreen Co. 2260 JFK Rd. Passed, approved and adopted this 2nd day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption 01 the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 6-01 Whereas, applications for Seer 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 this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS" B" BEER PERMIT KT Restaurants Inc. LLC Godfather's Pizza + (Sunday Sale) 1575 JFK Rd. CLASS "COO BEER PERMIT Iowa Oil Co. lOCO Speede Shoppe +(Sunday Sale) 3200 Centrai Ave Passed, approved and adopted this 2nd day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 7-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approvai and the same have been ex.amined 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 causa to be issued the following named applicants a Liquor License. CLASS "S" (HOTEUMOTEL) BEER/LIQUOR LICENSE WCB Hotels, Inc. Hoffman House/3100 Club+(Sunday/Outdoor Sale) 3100 Dodge St CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE DBQ County Historical SOCiety The Ryan House +(Sunday Sale) 1375 Locust St Dolores Weber Ten Pin Tap+ (Sunday Sale) 601 Rhomberg Ave Breezers Pub Co Breezers Pub +(Sunday Sale) 600 Central Ave Passed, approved and adopted this 2nd day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Appointments to the following Board: Housing Code Appeals Soard (3 terms axpiring 1/11/04) Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. Markham moved that William J. Kinsella, Robert Schaub and Edward A. Swift be reappointed to terms expiring 1/11/04. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARiNGS Michalski moved to suspend the rules to allow anyone present to address the Council if they so Regular Session, January 2, 2001 5 tI desire. Seconded by Nicholson. Motion carried 7-0. Oak Meadows Second Addition . Request to Vacate: Proof of publication on notice of hearing to consider disposing of interest and to vacate easements over Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, presented and read. Robbins moved that the proof be received and filed. Seconded by Cline. Motion carried 7- O. " RESOLUTION NO. 8-01 RESOLUTION DISPOSING OF INTEREST AND VACATING A 20-FOOT WIDE WATER MAIN EASEMENT AND 5 AND 10 FOOT WIDE UTILITY EASEMENTS OVER LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION 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 21 st day of December, 2000, the City Council of the City of Dubuque, Iowa met on the 2nd day of January, 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the release of real estate described as: A 20-100t wide watermain easement and a 5 and 10 foot wide utility easements on portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, as shown on the attached Exhibits A and B. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove describeo real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa In real property described as 20-foot wide watermain easement and a 5 and 10 foot wide utility easements on portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Jim Stock Reaity & Construction, upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified . copy of this resolution In the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 2" day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Nicholson moved that the rules be reinstated limiting discussion to the Council. Seconded by Robbins. Motion carried 7-0. ACTION ITEMS City Council Appointments: City Council appointments to the Dubuque Racing Association (currently Mayor Duggan and Council Members Buol and Markham); Operation: New View (currently Council Members Robbins and Cline); and various Board and Commissions, presented and read. Michalski moved that the current Council Members and City Manager be reappointed. Seconded by Nicholson. Motion carried 7-0. Iowa League of Cities Conference: City Manager recommending approval of a bid package for the Iowa League of Cities 2004 Annual Conference and designating a liaison to the Iowa League, presented and read. Buol moved that the communication be received and filed and concurred with recommendation and designated Ann Michalski as the liaison. Seconded by Nicholson. Motion carried 7-0. Michalski requested urging the League to add additional choices for break-out sessions and that the City have more rooms available. Town Ciock Plaza. Alternative Street Designs: City Manager recommending that the City Council conduct a worksession on January 15, 2001 to review information and provide input on the Town Clock Plaza design alternatives, presented and read. Nicholson moved that the communication be received and filed and concurred with recommendation. Seconded by Buol. Motion carried 6-0. Bunker Hill Golf Course Operation: City Manager recommending approval of a change to the operational structure at Bunker Hill Golf Course, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Seconded by Nicholson. Motion carried 7 -0. 6 Regular Session, January 2, 2001 There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 7:04P.M. /s/ Jeanne F. Schneider z:iJ:" ~ Approved: c:T' Adopted: ~ -:y ~/ 2001 2001 Council Members IV Special Session, January 11, 2001 7 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS . City Council, Special Session, Thursday, January 11, 2001 Council met in Special Session at 4:00 P.M. in the Board of Supervisors Chambers in the Dubuque County Courthouse. Present: Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Mayor Duggan at Roll Call. Mayor Duggan entered the Chambers at 4:05 P.M. Also Present: County Board of Supervisors: Jim Waller, Alan Manternach and Donna Smith and City Historic Preservation Commissioners: Terry Mozena, Ken Kringle, Jim Gibbs. Mayor Pro-Tem Markham read the call and stated this is the special session of the City Council called for the purpose of discussing with the County Board of Supervisors the proposed Law Enforcement Center Jail Expansion Project and acting upon such other business which may properly came before the Council. Communication of City Manager recommending acceptance of the donation of the 3 1/2 acres of land from Harbor Community Investment and Peninsula Gaming to the America's River Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 9-01 INTENT TO ACCEPT TRANSFER OF CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM HARBOR COMMUNITY INVESTMENT, L.C. Whereas, Harbor Community Investment, L.C. (HCI), owns the following described reai property in DUbuque County, Iowa (the Property): Lot 2 in Adams Company's 2nd Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof; and Lots 1, 2, 37 and 38, in Block 21, and Lots 27, 28.29. 30, 31. 32, 33, 34, 35, 36, 37 and 38, in Block 26; in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof. And Whereas. at the time of its purchase of Diamond Jo Casino, Peninsuia Gaming Co., LLC (Peninsula) obtained the right to require HCI to transfer the Property to the City of Dubuque upon written notice from Peninsula to HCI and payment of certain funds by Peninsuia to HCI, and Peninsula has indicated a willingness to provide such written notice and to make such payments; And Whereas, the City Council of the City of Dubuque desires to accept the Property on behalf of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Council of the City of Dubuque hereby declares its intent to accept the Property, provided such transaction is finalized by not later than 30 days after January 15, 2001. Passed. approved and adopted this 11'h day of January, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman. Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Discussion ensued regarding the proposed Law Enforcement Center Jail Expansion Project and specifically the Buettel Building demolition. Supervisor Jim Waller explained the proposed expansion stressing the most efficient design, utilizing the least amount of workforce. Terry Mozena, as Chair of the Historic Preservation Commission, spake stating that the proposed demolition of the Buettel Building north of the DlEC was not given enough public notification. The County Supervisors and others stressed that several meetings were held showing the proposed plans. Farmer Police Chief Robert O'Brien spake objecting to the high cost and objected to a juvenile courtroom in the proposed facility. Deputy Ken Runde and Sheriff lea Kennedy stressed the necessity of a juvenile holding facility and courtroom. The question of whether Eighth Street, from Iowa to Central, would remain closed or opened was debated. There being no further business, Cline moved to adjourn. Seconded by Buol Motion carried 7. O. The meeting adjourned at 5:15 P.M. /s/ Karen M. Chesterman Deputy City Clerk 11 1/17 Special Session, January 11, 2001 1b . . . 8 Special Session, January 15, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 15, 2001 At 5:00 P.M. Council had dinner In the Second Floor Rotunda of the Public Library. At 5:36 P.M. Council convened for the Special Session in the Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council calied for review of the Town \ Ciock Plaza Design and acting upon such other business which may properly come before the City Council. Discussion ensued amongst the Council Members about what they would like to have included in the proposed designs for the Town Clock Plaza, that area of Main Street between Fifth and Ninth Streets, if it were opened to traffic. Design proposals from Durrant Group, Inc. are scheduled to be presented to the Council within the next two months. Upon consensus the Special Session adjourned at 5:55 P.M. Jeanne F. Schneider City Clerk Approved: ~~ d?, 2001 AdoPted~~"" ~. 2001 (/../ ..............~...~........, Council Members ~~) City Clerk Regular Session, January 15, 2001 9 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 15, 2001 Council Met in Reguiar Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nichoison, Robbins, City Manager Michael Van Milligen. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Sean Hirschy Youth Minister of Word of Life Church. , , CONSENT ITEMS . Minutes Submitted: Cable Community Teleprogramming Commission of 12/5; City Council Proceedings of 1/2; Historic Preservation Commission of 12/21; Library Board of 11/16; Park and Recreation Commission of 12/12; Zoning Board of Adjustment of 12/21, presented and read. Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0. Proof of publication for Council Proceedings of 12/18; Lists of Claims and Summary of Revenues for Month Ending November 30, 2000, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed Council Proceedings for the Month of November, 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried 7- O. . Notice of Claims/Suits: David and Monica Ackley in undetermined amount for vehicle damage; Vicki Bachen in estimated amount of $2,654.14 for property damage; Don Ernzen in estimated amount of $17.99 for property damage; Rhonda Gotto in estimated amount of $164 for vehicle damage; Ronnie Hess in estimated amount of $2,600 for vehicie damage; Kelly LeFevour in undetermined amount for vehicle damage; Shot Tower Inn in estimated amount of $1 ,200 for loss of business; John Vollenweider in estimated amount of $1,145.29 for vehicle damage; Walser Movers, Inc., in estimated amount of $36,322 for public improvements provided at the Fifth Street Parking Ramp, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: CDI Excavating Incorporated for property damage; Dubuque Rescue Mission for property damage; Ellen's Floral Gallery for loss of business; Matthew D. Germain for vehicle damage; Qwest for property damage; Silver Dollar Cantina for loss of business; and Ellen Zelinskas for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred with the referrals. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of the vehicle damage claim of Edward M. Kruse in the amount of $153.17 for vehicle damage; and Gary and Susan Reiter in the amount of $160.70 for vehicle damage and that the Finance Director be directed to issue payment, presented and read. Buol moved that the communication be received and filed and authorized Finance Director to issue proper checks. Seconded by Robbins. Motion carried 7- o. Citizen Communication: Communication from Tara Winger, presented and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried 7-0. Fischer Cold Storage Demolition Permit: City Manager recommending approval of a demolition permit for the Fischer Cold Storage Building, iocated within the Ice Harbor Permit Moratorium District, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Seconded by Robbins. Motion carried 7-0. Section 8 Program Housing Vouchers: City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development for forty Section 8 Program Housing Vouchers, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 10-01 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM Whereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted 10 Regular Session, January 15, 2001 housing to the City's qualifying lower-income families; and Whereas, the City has continuously provided housing assistance to Seclion 8 Housing Program tenants, since 1976; and Whereas, the U.S. Department of Housing and Urban Development has made funding available to encourage municipalities to implement innovative programs promoting the economic independence of lower-income families, through cooperating efforts of the public and private sectors; and Whereas, and in accordance with Section 403A.5 of the Iowa Code which states 'A municipality or a 'Municipal Housing Agency' may not proceed with a housing project unlii a study or a report and recommendalion on housing available within the community is made public by the municipaiity or agency and is included in its recommendation for a housing project. Recommenoations must receive majority approval from the local governing body before proceeding on the housing project." AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, which states in part that it must be determined whether or not there is a need for such housing assistance, taking into consideration any applicable State or areawide housing assistance plan as well as generally available data with respect to population, poverty, housing over-crowding, housing vacancies and substandard housing. An application may be approved only if this determination is in the affirmative; and Whereas, this applicalion is consistent with the current Comprehensive Housing Affordabllity Strategy and Consolidated Plan for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque has determined there is a need for additional housing assistance and is knowledgeable of the status of available housing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby granted. Section 2. This resolution is intended to serve as the City of Dubuque's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Section 3. The Mayor is authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for participalion in the Section 8 Housing Voucher Program. Section 4. The City of Dubuque Housing Commission is hereby directed to conduct the necessary public hearing regarding this application in accordance with requirements of Chapter 403.A.28 of the Code of Iowa, to review and/or approve or suggest modifications of the plans for program design and administration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward said applicalion and resulting standard executed contract to the respective agencies in a timely . fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Sunnyslope Estates - Phase 4 - Accepting Public Improvements: City Manager recommending acceptance of the public improvements as completed by the developer, Moore Development, Ltd., in Sunnyslope Estates - Phase 4. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 11-01 ACCEPTING IMPROVEMENTS IN SUNNY. SLOPE ESTATES - PHASE 4 Whereas, pursuant to Resolution No. 1-97, certain improvements including street paving, storm sewer, sanitary sewers and watermain and street lighting were installed by the developer of Sunnyslope Estates - Phase 4. Whereas, the improvements have been completed and the City Manager has examined the work and has flied a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Sunnyslope Estates - Phase 4 be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a period of two years from this date. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7.0. Regular Session, January 15, 2001 11 . Historic Resource Development Program Grant Application: City Manager recommending approval of the submission of an application for Historic Resource Development Program funding to conduct an architectural/historic survey, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7 -0. . RESOLUTION NO. 12-01 RESOLUTION APPROVING THE SUBMIS- SION OF AN APPLlCATfON FOR HISTORIC RESOURCE DEVELOPMENT PROGRAM FUNDING TO CONDUCT AN ARCHITECTURAUHISTORIC SURVEY. Whereas, the State Historical Society of Iowa has announced the availability of Historic Resource Deveiopment Program (HRDP) grant funds; and. Whereas, the evaluation and survey of properties ,are eligible activities for HRDP funding; and Whereas, the State Historical Society has advised that an architectural/historic survey is necessary for the renewal of a Memorandum of Agreement between the State and City for the purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed the proposed architecturallhistoric survey. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for HRDP funds to conduct an architectural/historic survey is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign the contract with and submit requests for reimbursements to the State Historical Society of Iowa for HRDP funds to conduct an architectural/historic survey. Section 3. That the Planning Services Manager is authorized to utilize budgeted Community Development Block Grant Funds to provide the required local match should the HRDP application be approved by the State Historical Society of Iowa. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed project. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. . Southwest Arterial Environmental Assessment: City Manager recommending approval of an amendment to an agreement with IDOT regarding the Southwest Arterial Environmental Assessment, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 13-01 RESOLUTION APPROVING FIRST AMEND- MENT TO AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR JOINT AND COOPERATIVE ACTION TO STUDY THE SOUTHWEST ARTERIAL AROUND THE CITY OF DUBUQUE Whereas, the Iowa Department of Transportation has been pertorming an update of the environmental study on the proposed corridor of the Southwest Arterial approved by FHWA dated March 25,1987; and, Whereas, a prior project agreement with the Iowa Department of Transportation was previously approved on May 6, 1996; and, Whereas, the Iowa Department of Transportation has proposed a first amendment to the agreement for the allocation of Phase II funding for the project: and, Whereas, the City Council of the City of Dubuque approves the terms and conditions of said first amendment NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation's first amendment to the cooperative prime agreement dated May 6, 1996, with the Iowa Department of Transportation and the City for the allocation of $503,674 in additional funding for Phase II of the environmental assessment be approved. Section 2. That the City Council approves of the terms and conditions of said first amendment. Section 3. That the Mayor is hereby authorized and directed to execute four copies of the first amendment and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this 15'h day of January, 2001. Terrance M. Duggan, Mayor Atlest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Dubuque County Historical Society Environmental Review: City Manager recommending publication of a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Dubuque County Historical Society's handicap ramp, presented and read. Buoi moved that the communication 12 Regular Session, January 15, 2001 be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 14-01 A RESOLUTION AUTHORIZING PUBLI- CATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE DUBUQUE COUNTY HISTORICAL SOCIETY'S HANDICAP RAMP PROJECT. Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1, 2000, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, the City Council has approved a Community Partnership (cp2) grant to the Dubuque County Historical Society's Handicap Ramp project in the amount of $26, 464, which is funded with Community Development Block Grant (CDBG) funds; 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 Dubuque County Historical Society's Handicap Ramp project; and Whereas, based on said environmental review, the Department of Community and Economic 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, to the HUD Area Office 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 Dubuque County Historical Society's Handicap Ramp project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on February 5, 2001. 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 piaced 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 official under the Nationai 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 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Iowa Inn - Environmental Review: City Manager recommending publication of. a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Rehabilitation Project, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 15-01 A RESOLUTION AUTHORIZING PUBLlCA- ION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRQNMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR IOWA INN REHABILITATION PROJECT Whereas, the City of Dubuque will entered into a Special Purpose Grant Agreement for with the U.S. Department of Housing and Urban Regular Session, January 15, 2001 13 . Development, providing for financial assistance to the City; 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 Iowa Inn Rehabilitation project; and Whereas, based on said environmental review, the Department of Community and Economic 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 federai, state and local pubiic agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believe\d 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 Release of Funds for the Iowa Inn Rehabilitation project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on February 5, 2001. Such notice shaH 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 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 federai 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 15" day of January, 2001. Terrance M. .Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Fiscai Year 2000 Comprehensive Annual Financial Report: City Manager submitting the Fiscal Year 2000 Comprehensive Annual Financial Report and Audit Reports, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Local Housing Assistance Program Grant: Communication from the Iowa Department of Economic Development advising that the City has been awarded a $100,000 LHAP Grant, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. National Association of Telecommunications Officers and Advisors: City Manager recommending that the City contribute $1,000 to the National Association of Telecommunications Officers and Advisors to support submittal of reply comments to the FCC, presented and read. Buol moved that the communication be received and filed and approved support. Seconded by Robbins. Motion carried 7-0. Community Development Advisory Commission: Acting Community and Economic Deveiopment Director Pam Myhre advising of vacancies on the Community Development Advisory Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Business License Refund: A & B Tap requesting a refund of their Cigarette License in the amount of $50.00, presented and read. Buoi moved that the communication be received and filed and approved request. Seconded by Robbins. Motion carried 7-0. Business Licenses: Regular Session, January 15, 2001 14 RESOLUTION NO. 16-01 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 appiicants were Inspected and found to comply with the Ordinances of this 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 George E. Waddell Sr Iowa Potato & Produce House+(Sunday Sale) 2600 Dodge St Express Depot, Inc Liquor Depot of Dubuque +(Sunday Sale) 1620 JFK Rd Hy-Vee,lnc Hy-Vee #2+ (Sunday Sale) 4800 Asbury Rd Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 17-01 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 fiied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Apartments Limited Corp. Dubuque Mining Co + (Sunday/Outdoor Sale) 555 JFK Rd.. Phillip R. Love The Lounge + (Sunday/Outdoor Saie) 481 Locust St Mul, Inc A and B Tavern 2600 Central Ave CLASS "B" (WINE) Dubuque Religious Center Dubuque Religious Center 923 Main St Hy-Vee inc. Hy-Vee # 2 4800 Asbury Rd. Express Depot, Inc Liquor Depot of Dubuque 1620 JFK Rd. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire to serve on the following Commission: Environmental Stewardship Advisory Commission (2 Unexpired 3 Year Terms). Applicant: Leslee Spraggins. Leslee Spraggins spoke requesting appointment. ACTION ITEMS Greater Dubuque Deveiopment Corporation: Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, spoke giving a verbal progress report. Michalski moved that the report be received and filed. Seconded by Nicholson. Motion carried 7-0. Airport Commission - Appointmenf of City Council Representative: Appointment of City Council representative (currently Council Member Markham) to the Airport Commission for a term expiring January 15, 2002. Nicholson moved that Council Member Markham be reappointed to a term expiring January 15, 2002. Seconded by Buol. Motion carried 7-0. Municipal Parking Lot #2: City Manager recommending that Municipal Parking Lot #2, th located at 9 and Bluff Streets, be changed from meters only to meters and reserved parking, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-314 establishing meters - time and fee schedule for municipal lots by adding a new Paragraph 6 establishing the meter time and fee schedule for Municipal Lot #2, presenfed and read. OFFICIAL PUBLICATION ORDINANCE NO. 1-01 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-314 ESTABLISHING METERS - TIME AND FEE SCHEDULE FOR MUNICIPAL LOTS BY ADDING A NEW PARAGRAPH 6 ESTABLISHING THE METER TIME AND FEE SCHEDULE FOR MUNICIPAL LOT #2 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Section 32-314 of the City of Dubuque Code of Ordinances is amended by adding the following: Regular Session, January 15, 2001 15 . (6) On Parking Lot No.2, reserved parking for each space for the thirty (30) parking spaces for which parking meters have not been installed shall be rented through lease agreement approved by City Council. Reserved parking for non-metered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays and holidays at a monthly rate of twenty-five dollars ($25.00), payable each month. Section 2. This ordinance shall take effect February 1, 2001 . Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of January, 2001. Jeanne F. Schneider, City Clerk 11 1/19 Michalski, moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. . Alta Vista Slreet - Traffic Control: City Manager recommending that Alta Vista Street be designated as a through street and that stop signs be placed at all the side street intersections along Alta Vista Street, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding Alta Vista Street to Subsection (b) of Section 32-213 thereof providing for .the designation of through streets, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 2-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY ADDING ALTA VISTA STREET TO SUBSECTION (b) OF SECTION 32.213 THEREOF PROVIDING FOR THE DESIGNA. TION OF THROUGH STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Alta Vista Street to Subsection (b) of Section 32- 213 thereof as follows: Sec. 32-213. Through Streets. (b) Alta Vista Street, from the north property line of West Fifth Street to the south property line of University Avenue, and from the north property line of University Avenue to the south property line of Loras Boulevard, and from the north property line of Loras Boulevard to its northerly terminus. Passed, approved and adopted this 15" day of January, 2001. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of January, 2001. Jeanne F. Schneider, City Clerk 11 1/22 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 Nicholson. Motion carried 7-0. DAIDC Spec Building: City Manager recommending approval of an ordinance that allows the speculative industrial building, which was built by the Dubuque Area Industriai Development Corporation (DAIDC) and is located in the Dubuque Industrial Cenler West, to be exempt from property tax, presented and read. Buol moved that the communication be received and fiied. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Chapter 15, Community Development of the City of Dubuque Code of Ordinances by adopting a new Article 6, allowing an exemption from property taxation for speculative shell buildings constructed by community development organizations, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 3-01 AN ORDINANCE AMENDING CHAPTER 15, COMMUNITY DEVELOPMENT, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE 6, ALLOWING AN EXEMPTION FROM PROPERTY TAXATION FOR SPECULATIVE SHELL BUILDINGS CONSTRUCTED BY COMMUNITY DEVELOPMENT ORGANIZATIONS WHEREAS, Iowa Code s 427.1 (27) provides for the allowance of an exemption from property taxation for the new construction of shell buildings by community development organizations for speculative purposes or the portion of the value added to buildings reconstructed or renovated by community development organizations in order to become speculative shell buildings; 16 Regular Session, January 15, 2001 AND WHEREAS, the exemption or partial exemption is allowed only pursuant to ordinance of a city; AND WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to allow such exemption. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. Chapter 15, Community Development, of the City of Dubuque Code of Ordinances, is amended by adding the following: Article VI. Speculative Shell Buildings of Community Development Organizations Sec. 15-59. Definitions. For purposes of this Article, the following definitions apply: a. (1) "Community development organization' means an organization, which meets the membership requirements of subparagraph (2), formed within a city or county or multicommunity group for one or more jlf the following purposes: (a)To promote, stimulate, develop, and advance the business prosperity and economic welfare of the community, area, or region and its citizens. (b) To encourage and assist the location of new business and industry. (c) To rehabilitate and assist existing business and industry. (d) To stimulate and assist in the expansion of business activity. (2) For purposes of this definition, a community development organization must have at least fiheen members with representation from the following: (a) A representative from government at the level or levels corresponding to the community development organization's area of operation. (b) A representative from a private sector lending institution. (c) A representative of a community organization in the area. (d) A representative of business in the area. (el A representative of private citizens in the community, area, or region. b. "New construction" means new buildings or structures and includes new buildings or structures which are constructed as additions to existing buildings or structures. "New construction" also includes reconstruction or renovation of an existing building or structure which constitutes complete replacement of an existing building or structure or refitting of an existing building or structure, if the reconstruction or renovation of the existing building or structure is required due to economic obsolescence, if the reconstruction or renovation is necessary to implement recognized industry standards for the manufacturing or processing of products, and the reconstruction or renovation is required in order to competitively manufacture or process products or for community development organizations, to market a building or structure as a speculative shell building, which determination must receive prior approval from the city council of the city or county board of supervisors of the county. c. "Speculative shell building" means a building or structure owned and constructed or reconstructed by a community development organization without a tenant or buyer for the purpose of attracting an employer or user which will complete the building to the employers or user's specification for manufacturing, processing, or warehousing the employer's or user's product line. Sec. 15-60. Exemption Allowed. An exemption from property taxation is hereby allowed for new construction of shell buildings by community development organizations, or the portion of the value added to buildings being reconstructed or renovated by community' development organizations in order to become speculative shell buildings. The exemption or partial exemption shall be effective for the assessment year in which the building is first assessed for property taxation or the assessment year in which the reconstruction or renovation first adds value and all subsequent years until the property is leased or sold or until the exemption is terminated by ordinance of the city council. Eligibility for an exemption as a speculative sheli building shall be determined as of January 1 of the assessment year. If the shell building or any portion of the shell building is leased or sold, the portion of the shell building which is leased or sold shall not be entitled to an exemption under this ordinance for subsequent years. An application shall be filed pursuant to section 427B.4 for each project for which an exemption is claimed. Upon the sale of the shell building, the shell building shall be considered new construction for purposes of Iowa Code section 427B.l if used for purposes set forth in section 427B.l. Sec. 15.61. Application for exemption by property owner. An application shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the assessment year in which the value added is first assessed for taxation. Applications for exemption shall be made on forms prescribed by the director of revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the director of revenue. A person may submit a proposal to the city council to receive prior approval for eligibility for a tax exemption on new construction. The city council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with the zoning Regular Session, January 15, 2001 17 . plans for the city. The prior approval shall also be subject to the hearing requirements of Iowa Code section 427B.1. Prior approval does not entitle the owner to exemption trom taxation until the new construction has been completed and found to be qualified real estate. However, if the tax exemption for new construction is not approved, the person may submit an amended proposal to the city council to approve or reject. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Published officially in the Telegraph Herald newspaper this 19th day of January, 2001. Jeanne F. Schneider, City Clerk 1t 1/19 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finaily passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7.0. . Permit Moratorium for Off.Premise Signs: City Manager recommending the establishment of a ninety (90) day moratorium on the issuance of permits for off-premise signs, presented and read. Suol moved that the communication be received and fiied. Seconded by Nicholson. Motion carried 7.0. An Ordinance Amending Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances by adding a new Section 3.43(f), to establish a ninety (90) day moratorium on the issuance of permits for off-premise signs, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 4-01 AN ORDINANCE AMENDING CHAPTER 3 (ADVERTISING) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 3-43(1), TO ESTABLISH A NINETY (90) DAY MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE SIGNS. Whereas, Lamar Outdoor Advertising has submitted an application for a text amendment to the Zoning Ordinance regulations pertaining to increasing the minimum spacing of off- premise signs; and Whereas, the issuance of permits for off- premise signs during the review of this text amendment could affect the community negatively. NOW, THEREFe:lRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances is hereby amended by adding a new Section 3.43(f) as follows: Section 3.43 (f) Moratorium on issuance of permits for off-premise signs The building official shall not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of an off-premise sign during the period of ninety (90) days aher the effective date of this section. except where a vested right to the issuance of such permit accrued prior to the effective date of this section. Section 2. This ordinance shall take effect upon publication as required by law. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . Pubiished officially in the Telegraph Herald newspaper this 19th day of January, 2001. Jeanne F. Schneider, City Clerk 1t 1/19 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Platinum Hospitality Group: City Manager recommending an amendment to the Development Agreement and Lease with Platinum Holdings, LLC; an amendment to the Facilities Management Agreement with Platinum Hospitality Group; and approvai of a Parking Use Agreement with Platinum Holdings, LLC, presented and read. Markham moved that the communication be received and filed and concurred with recommendation. Seconded by Nichoison. Motion carried 7-0. Fiscal Year 2002 Budget Transmittal: City Manager submitting the Fiscal Year 2002 Budget, presented and read. Michalski moved that the budget be received and filed. Seconded by Nichoison. Motion carried 7.0. City Manager Michael Van Milllgen gave a comprehensive report of the proposed FY 2002 Budget. ITEMS TO BE SET FOR PUBLIC HEARING Five Flags Theater Renovation: City Manager submitting documents initiating the Five Flags Theater Renovation Project and setting a public hearing for February 19, 2001, presented and read. Buol moved that the communication be 18 Regular Session, January 15, 2001 received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 18.01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 Five Flags Theater Renovation Project, in the estimated amount of $518,000, are hereby approved and ordered filed in the office of the City Clerk, for publiC inspection. Passed, approved end adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. \ RESOLUTION NO. 19-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City 01 Dubuque, Iowa has given its preliminary approval on the proposed plans, specificalions, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Five Flags Theater Renovation Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 19th day of Februery, 2001, a public hearing will be held 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 shail be not less than four deys 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, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 20-01 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags Theater Renovation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 8th day of February, 2001. 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 19th day of February, 2001. Passed, approved and adopted this 15th day of January, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. There being no further business, Michalski moved to adjourn. Seconded by Markham. Motion cerried 7-0. The meeting adjourned at 7:40 P.M. Approved: Is! Jeanne F. Schneider , ity Clerk ,p 2001 Adopted: Council Members ~~~ City Clerk