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2005 January Council Proceedings " Regular Session, January 3, 2005 1 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 3, 2005 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl Members Michalski, Milligen, Mayor Duggan read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Sister Lynn Wagner, Director of the Dubuque Food Pantry. Proclamation: Martin Luther King, Jr. Days (January 16 and 17, 2005) received by Bill Hickson. A Moment of Silence was held for the victims of the recent tsunami tragedy. CONSENT ITEMS Minutes and Reports Submitted: City Council of 12/20; Housing Commission of 11/23; Library Board of 11/18; Plumbing Board of 12/15, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion carried 7-0. Proofs of publication on List of Claims and Summary of Revenues for month ending November 30, 2004 and City Council Proceedings for December 6 and 13, 2004, presented and read. Buol moved that the proofs be received and filed. Seconded by Cline. Motion carried 7-0. Library Board of Trustees Update from Meeting of December 16, 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Notice of Claims/Suits: Area Residential Care for property damage; Lori Burrows for personal injury; Patricia Morrison for personal injury; Nicole Pollard for vehicle damage; Donald Small for property damage; Eric Wilson for vehicle damage, presented and read. Buol moved that the communications be received and filed and referred to Legal for investigation. Seconded by Cline. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Donald Small for property damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Cline. Motion carried 7-0. Citizen Communications: Communication from Chris and Tim Olson, 1090 Grove Terrace, in support of the proposed amendment to add sexual orientation to the City's nondiscrimination code, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Communication from Brad Smith, Cambridge TEMPositions, in opposition to the proposed amendment to add sexual orientation to the City's nondiscrimination code, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that IDOT proposes to let bridge washing projects for the Julien Dubuque Bridge and City Island Bridge over the Mississippi River, and the Peosta Channel Bridge over 16th Street and Kerper Boulevard, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the City's HOME Investment Partnership program contract has been amended by extending the funding agreement expiration date as requested by the City, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Four Mounds Foundation: City Manager recommending approval of the request of the Four Mounds Foundation for support of a grant application to the State Historical Society for restoration of the Porte Cochere at the historic Grey House, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. School Resource Officer Agreement with Dubuque Community Schools: City Manager recommending approval of an agreement 2 Regular Session, January 3, 2005 between the Police Department and the Dubuque Community School System regarding the duties and responsibilities of the Dubuque Police School Resource Officers, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Dubuque Racing Association: City Manager recommending approval of the Dubuque Racing Association's increased loan amount from $22,000,000 to $25,000,000 to meet the projected needs of the casino expansion project and related equipment purchases, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Fengler Street Bridge Improvement Project: City Manager recommending approval of the Fengler Street Bridge Improvement Project as completed by Taylor Construction, Inc. in the final contract amount of $1,147,078.75, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 1-05 ACCEPTING IMPROVEMENT Whereas, the contract for the Fengler Street Bridge 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 2002 Street Construction Fund in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 2-05 FINAL ESTIMATE Whereas, the contract for the Fengler Street Bridge 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 $1,256,368.62 and the said amount shall be paid from the Fiscal Year 2002 Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Iowa Mutual Aid Compact (IMAC): City Manager recommendfng approval of an Iowa Mutual Aid Compact (IMAC) which is a formal agreement between governmental bodies to share resources in times of man-made and natural disasters, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 3-05 ADOPTING THE IOWA MUTUAL AID COMPACT (IOWA CODE ~29C.22) Whereas, emergencies and disasters transcend jurisdictional boundaries, making intergovernmental coordination essential in successful emergency response efforts; and Whereas, there will inevitably be emergencies which require immediate access to outside resources due to the fact that few individual governments have all of the resources they may need in every type of emergency; and Whereas, Iowa Code ~29C.22 provides for the Statewide Mutual Aid Compact; and Whereas, the Compact allows participating counties, cities and other political subdivisions to provide in advance for mutual assistance in managing any emergency or disaster; Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the public interest to approve of the Compact, a copy of which is attached hereto and incorporated by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA as follows: Section 1. The Iowa Mutual Aid Compact attached hereto is hereby approved; and Section 2. The City Manager is hereby designated as the authorized representative of the City of Dubuque to obligate funds and personnel on behalf of the City of Dubuque. Section 3. The City Manager is hereby designated as the contact to coordinate Regular Session, January 3, 2005 3 resources and personnel in response to an Iowa Mutual Aid Compact request. Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. NOAA Weather Radio Grant: City Manager recommending approval of a certification letter which will allow the City to continue with a distribution plan of NOAA weather radios received through a federal grant that meets the needs of the community, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Stealth Race Car Property: City Manager recommending establishment of the fair market value of the Terrance J. and Linda Weidemann (Stealth Race Cars) property in the Port of Dubuque at the appraised value of $221,000, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 4-05 ESTABLISHING THE FAIR MARKET VALUE OF CERTAIN REAL PROPERTY OWNED BY TERRANCE J. AND LINDA WEIDEMANN IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque (City) intends to acquire certain real property owned by Terrance J. and Linda Weidemann (Owners), legally described as follows (the Property): Lots 7 thru 11,2-12,2-13,2-14, & 2-15, plus S.E. 6' of Lot 6, all in Block 29 Dubuque Harbor Improvement Company Addition, and Lots A11 & 2-11 in Industrial Sub #2, aU in Dubuque, Iowa. as shown on Exhibit A attached hereto for all of the purposes permitted by the Urban Renewal Plan for the Greater Downtown Urban Renewal District; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with the Owners to purchase the Property before proceeding with condemnation; and WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $221,000; and WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $221,000. 2. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with the Owners of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RISE Agreement - Bergfeld Farm/Chavenelle Road Extension Project: City Manager recommending approval of a Project Agreement with the Iowa Department of Transportation for a RISE Project in the amount of $1,258,574. or 50% of total RISE eligible project costs, whichever is less, for the Chavenelle Road Connection project, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 5-05 RESOLUTION APPROVING AN AGREEMENT FOR RISE. PROJECT FUNDING WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE CONNECTION OF CHAVENELLE ROAD THROUGH THE DUBUQUE INDUSTRIAL CENTER WEST 3RD ADDITION Whereas, the City of Dubuque has developed plans for the connection of Chavenelle Road through the Dubuque Industrial Center West 3rd Addition; and Whereas, the City has requested funding under the State of Iowa's RISE. (Revitalize Iowa's Sound Economy) Program; and Whereas, the City's application was approved by order of the Transportation Commission on December 14. 2004; and Whereas, the Iowa Department of Transportation has prepared and submitted for City Council approval an Agreement relating to the RISE. grant, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Agreement for a RISE. Program Project, Agreement No. 2005-R-016, is hereby approved. 4 Regular Session, January 3, 2005 Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute two copies of the Agreement on behalf of the City of Dubuque and forward the executed copies to the Iowa Department of Transportation for their approval. Passed, approved and adopted this 3'd day of January, 2005. Terrance M.Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Hazardous Materials Response 28E Agreement: City Manager recommending approval of a 28E Agreement with Dubuque County for hazardous materials response, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Revised Federal Legislative Priorities: City Manager recommending approval of amended City of Dubuque Priorities for Federal Appropriations, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors advising that they are in agreement to provide $34,030 to complete the Preliminary Engineering Design Phase for Iowa Highway 32 (Southwest Arterial), presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Scenic Byways Grant Application: City Manager recommending approval of a request from the Dubuque County Historical Society that the City of Dubuque serve as the lead applicant for a Scenic Byways Grant Application, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Mississippi Riverwalk Electrical Service: City Manager recommending approval of the installation of an additional 100-amp electrical service on the Mississippi Riverwalk to accommodate large-scale events, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Gerald J. Lazore and Kelly R. Lazore, presented and read. Buol moved that the communication be received and filed and approved settlement. Seconded by Cline. Motion carried 7-0. Business License Refund: Jymie M. Lyons requesting a refund of a portion of his Liquor Class C permit in the amount of $633.75, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Cline. Motion carried 7-0. Business Licenses: RESOLUTION NO. 6-05 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 self Cigarettes and Cigarette Papers within said City. 2 NEW Indian Weavings Carmen Chuquin 555 JFK Rd Fraternal Order of Eagles Fraternal Order of Eagles 1175 Century Dr Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 7..05 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 applicant a Beer Permit. CLASS "C. BEER PERMIT Iowa Potatoe & Produce House Iowa Potatoe & Produce House 2600 Dodge St Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, January 3, 2005 5 Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO.8-OS 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 Breezers Pub Comp Breezers Pub+ (Sunday Sale) 600 Central Ave Dubuque Historical Society Ryan House + (Sunday Sale) 1375 Locust St CLASS "B" WINE Dubuque Religious Center Dubuque Religious Center 923 Main St Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Five Flags Center HVAC Project: City Manager recommending initiation of the public bidding process for Phase I of the Five Flags Center HV AC System Replacement Project and that a public hearing on the plans and specifications be set for February 7, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO.9-OS 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 HV AC Replacement Project, in the estimated amount of $750,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO.1 0-05 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 Five Flags HVAC Replacement Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of February, 2005, 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 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, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 11-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags HVAC Replacement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 27th day of January, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final 6 Regular Session, January 3, 2005 action at 6:30 p.m. on the 7th day of February, 2005. Passed, approved and adopted this 3rd day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Greater Dubuque Development Corporation, to provide a verbal report regarding the activities of GDDC, presented and read. Rick Dickinson spoke and gave a comprehensive verbal report stressing the positive aspects of Dubuque's growth and development and the strong partnership between the Greater Dubuque Development Corporation and the City of Dubuque. Nicholson moved that the report be received and filed. Seconded by Michalski. Motion carried 7-0. Dubuque County Conservation Board: Communication from the Dubuque County Conservation Board requesting that the City designate the Heritage Trail pedestrian/bicycle bridge over Highway 52/3 as a priority project for the Dubuque Metropolitan Area Transportation System, presented and read. Michalski moved that the communication be received and filed and approve request. Seconded by Connors. Motion carried 7-0. Westbrook Subdivision - Parking Restrictions: City Manager recommending approval of an ordinance limiting parking on the streets in the Westbrook Subdivision pursuant to a June 29, 2004 agreement between the City and Callahan Construction, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets or portions thereof by adding portions of North Westbrook Drive, South Westbrook Drive, Trails Edge Drive and Pebble Creek Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 1-05 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING PORTIONS OF NORTH WESTBROOK DRIVE, SOUTH WESTBROOK DRIVE, TRAILS EDGE DRIVE AND PEBBLE CREEK DRIVE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (d) of Section 32-262 the following: North Westbrook Drive, south and west sides, from Seippel Road to Trails Edge Drive. South Westbrook Drive, north and west sides, from Seippel Road to Trails Edge Drive. Trails Edge Drive, south side, from Pebble Creek Drive to South Westbrook Drive. Pebble Creek Drive, east side, from North Westbrook Drive to South Westbrook Drive. Passed, approved and adopted this 3rd of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2005. Jeanne F. Schneider, City Clerk 1 t 1/10 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. 2003 International Fire Code: City Manager recommending approval of the adoption of the 2003 International Fire Code, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances by repealing Chapter 19 Fire Prevention and Protection and adopting a new Chapter 19 Fire Department in lieu thereof, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 2-05 AMENDING THE .CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 19 FIRE PREVENTION AND PROTECTION AND ADOPTING A NEW CHAPTER 19 FIRE DEPARTMENT IN LIEU THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 19 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Chapter 19 FIRE DEPARTMENT ARTICLE I. IN GENERAL Regular Session, January 3, 2005 7 Sec. 19-1. International Fire Code-Adopted (a) Except as hereinafter added to, deleted, modified or amended, the International Fire Code, 2003 Edition, as promulgated by the International Code Council is hereby adopted by reference from the effective date of this Section. (b) A copy of the International Fire Code, 2003 Edition, shall be on file in the office of the City Clerk for public inspection. Sec. 19-2. International Fire Code- Amendments. The c9de adopted by Section 19-1 of this Chapter is hereby amended as provided in this Section: (a) Section 102.5, Historic Buildings, is hereby amended by repealing such section and adopting a new section in lieu thereof as follows: Section 102.5, Historic Buildings, the construction, alteration, repair, enlargement, restoration, relocations or moving of such buildings shall be in accordance with Chapter 11, Sections 11-70 thru 11-79 of this Code of Ordinances. (b) 104.1.2, Fire/Police Investigators, The Fire Chief may appoint and designate such members of the Fire Department as Fire/Police Investigators upon being certified by the Iowa Law Enforcement Academy. A Fire/Police Investigator shall have the powers of a peace officer in performing the duties under this code, including full powers of arrest to effectuate the duties of enforcing City Ordinances and State statutes. Notwithstanding such status as a peace officer, a Fire/Police Investigator shall be subject to the rules and regulations of the Dubuque Fire Department and shall perform such functions as the Fire Chief shall assign. (c) Section 105, Permits required, is hereby amended by repealing such section and adopting a new section in lieu thereof as follows: Section 105, Permits required. It shall be unlawful for any person, firm or corporation to use a building or premises or engage in any activities for which a permit is required by this Code of Ordinances without first having obtained such permit. Section 108, Board of Appeals, is hereby amended by repealing such section and adopting a new section in lieu thereof as follows: Section 108, Board of Appeals. Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, that applicant may appeal from the decision of the Fire Chief to the City Manager within ten (10) days from the date of the decision appealed. Such appeal to the City Manager shall be made in writing setting forth the decision appealed from and the grounds for such appeal. (e) Section 109.3, Violation Penalties is hereby repealed. Sec. 19-3. Uniform Fire Code-Definitions: Repealed and deleted Sec. 19-4. International Fire Code- Enforcement: The Code adopted by Section 19-1 of this Chapter shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City. Sec. 19-5. Emergencies: Where a situation requires immediate decision that of the chief of the Bureau of Fire Prevention shall be final and conclusive. Sec. 19-6. Special Conditions: The chief of the Bureau of Fire Prevention shall have full power to exercise the chief of the Bureau of Fire Prevention's own judgment in a reasonable and proper manner and rule accordingly on all special cases in regard to any of the matters and things treated in this Chapter not specifically covered thereby. Sec. 19-7. Smoking, Carrying Lighted Objects In Specified Places Restricted: (a) No person shall smoke or carry a lighted cigar, cigarette, pipe or match, or use any spark, flame or fire-producing device not especially authorized for use in such places by the Fire Chief, in any of the following places: (1) Retail Stores: Retail stores designed and arranged to accommodate more than one hundred (100) persons, or in which more than ten (10) persons are employed. This prohibition shall not apply to smoking in restrooms, restaurants, executive offices, or beauty parlors in retail stores, when specifically approved by the Fire Chief by written order to the person having control of the premises upon a finding that such use therein is not dangerous to life or property. (2) Elevators: Elevators, regardless of capacity, in any public place. (3) Public Lodging Houses: In beds in hotels, dormitories and rooming and lodging houses. A printed notice advising the occupant of the effect of this Section shall be posted in a conspicuous place in every room of the building. (4) Public Theaters: During a performance in public theaters, motion picture houses, auditoriums, gymnasiums, and the like, including the dressing rooms, except that the prohibition of this Section shall not apply to smoking rooms and areas and restrooms when specifically approved by the Fire Chief by written order to the person having control of the premises, upon a finding that such use therein is not dangerous to life or property. The prohibition of this Section shall not be construed to prohibit smoking by performers on the stage as part of any theatrical production. (5) Transit Authority Buses: Buses operated by the Dubuque Transit Authority of the City and any other motor vehicle operated by such authority hauling fare-paying passengers in the City. (b) It shall be unlawful for any person or such person's agent, having control of any premises 8 Regular Session, January 3, 2005 or place to knowingly permit a violation of this Section. (c) The Fire Chief shall have the authority to order "Smoking Prohibited by Law" signs erected in any place of public assemblage where, in the Fire Chiefs opinion, smoking or the carrying of a lighted cigar, cigarette, pipe or match, or any use of any spark, flame or fire- producing device, not specifically authorized for use in such place, would constitute a menace to life or property. (d) Every person, or such person's agent, having control of the premises upon which smoking or the carrying of lighted objects is prohibited by, or under the authority of this Section, shall conspicuously display upon the premises signs reading "Smoking Prohibited by Law" in such number and in such location and of such size as the Fire Chief may find reasonable and necessary. (e) No person shall smoke in any properly placarded place, nor shall any person remove any placard required to be erected by or under the authority of this section. (1976 Code, ~ 14-9) Sec. 19-9. Burning Restrictions: (a) It shall be unlawful for any person to burn or incinerate any solid waste within the City except by permission of the City Manager. This Section shall apply to all solid waste as defined by the Iowa Department of Natural Resources and shall specifically include all wastepaper, boxes, building materials, yard waste, tree stumps, and all other materials other than conventional materials used as fuels for a furnace or boiler. (b) This Section shall not apply to any incinerator operated under a license granted by the Iowa Department of Natural Resources nor to any burning conducted under the direction of the Fire Department for training purposes. (c) This Section shall not apply to outdoor cooking using charcoal, natural or propane gas as a fuel, small wood fires consistent with Section 307.3.2 Recreational fires, of the International Fire Code, bonfires or prescribed fires as regulated by this Chapter. Sec. 19-10. Special Permission To Burn Yard Waste: (a) The City Manager may allow the burning of yard waste, including tree stumps, and other yard-generated waste, for limited and specific periods. This proviSion shall apply only to the burning of such waste on the premises where such waste was generated. (b) The City Manager may only permit such open burning when the ambient air quality of the City has met all air quality standards of the Iowa Department of Natural Resources for the preceding six (6) month period. Sec.19-11. Cancellation Of Permitted Open Burning: Permitted open burning of yard waste may be cancelled immediately by the City Manager in the event of unfavorable local weather or atmospheric conditions, or such other conditions as the City Manager deems appropriate. Sec. 19-12. Smoke Detection: The owner of a building or structure that has a commercial use and which also contains one or more dwelling units, a congregate residence or a sleeping room, and which is not otherwise required by this Code of Ordinances to install smoke detectors in such building or structure shall during any substantial reconstruction or remodeling of such building or structure install multi-station smoke detectors on each level of the building or structure in each pUblic or common area and in the basement at locations approved by the Fire Marshal. All such smoke detectors shall be interconnected to ensure simultaneous notification of all building occupants. The smoke detectors shall receive their primary power from the building wiring with secondary battery power. The wiring shall be permanent and without a disconnecting switch other than a switch required for over-current protection. The smoke detectors shall be installed according to the manufacturer's instructions Secs. 19-13-20. Reserved ARTICLE II. FIRE DEPARTMENT DIVISION 1. GENERALLY Sec. 19-21. Service Outside The City Restricted: No fire service shall be rendered outside the limits of the City by firefighting equipment and City personnel except as follows: (1) To protect property of the City located outside the corporate limits of the City; or (2) Pursuant to a written mutual aid agreement for emergency fire service on a reciprocal basis with another governmental entity. Sec. 19-22. Service Charges: Persons requesting assistance for the following services from the Fire Department shall pay a fee as established by the Chief of the Fire Department: (1) For opening or gaining entrance to any structure; (2) For the pumping and removal of liquids of any nature from any building or excavation other than liquids deposited in such area as a result of firefighting activities. Sec. 19-23. Standby Service: (a) Whenever fire equipment and fire personnel are requested to standby there shall be a standby fee set by the Chief of the Fire Department paid to the City by the person requesting the service. . (b) The fee as set forth above shall be in addition to any fees or charges prescribed for Regular Session, January 3, 2005 9 ambulance service in Sections 23-31 through 23-35 of this Code. Secs. 19-24-19-30. Reserved: DIVISION 2. BUREAU OF FIRE PREVENTION Sec. 19-34. Blasting, Fireworks and Pyrotechnics, Bonfires, Open Burning of Land Clearance Material, Open Buming of Agricultural Land and Prescribed Burns: (a) Blasting: No person shall engage in any activity involving blasting with explosives within the City without first obtaining a permit from the Chief of the Fire Department. (b) Fireworks And Pyrotechnics: No person shall engage in any activity involving the use or display of fireworks or pyrotechnics without first obtaining a permit from the Chief of the Fire Department. (c) Bonfire: No person shall light and/or conduct a bonfire without first obtaining a permit from the Chief of the Fire Department. d) Open Burning Of Land Clearance Materials: No person shall burn materials resulting from land clearance activities without first obtaining a permit from the chief of the fire department. (e) Open Burning On Agricultural Property: No person shall, on property zoned agricultural, burn vegetation or growing form wood originating on the property without first obtaining a permit from the chief of the fire department. (f) Prescribed Burns: No person shall kindle a fire for recognized silvicultural, range or wild life management practices, or for prevention or control of disease or pest with out first obtaining a permit from the Chief of the Fire Department. Sec. 19-35. Fees And Requirements For Permits: Fees and requirements for each permit issued shall be established by the Chief of the Fire Department. Secs. 19-36-19-40. Reserved. ARTICLE III. SERVICE STATIONS, TANK VEHICLESAND STORAGE TANKS DIVISION 1. SERVICE STATIONS Sec. 19-41. Definition: For the purposes of this Article the following term shall have the meaning ascribed to such term in this Section: Service Station: That portion of a property where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into fuel tanks of motor vehicles or floating crafts. Sec. 19-44. Unloading Of Tank Vehicles While On Public Streets Prohibited; Exception: No tank vehicle shall discharge or unload, or transfer Class I flammable liquid while any portion thereof is standing on any street, alley or public highway, except in the case of emergency. In the event an emergency requires the discharge or unloading of Class I flammable liquid from any tank vehicle on a public street or highway, the Chief shall be notified and such operation shall not be commenced until such necessary safeguards as the Chief shall require have been established. Sec. 19-51. License Required: No person shall engage in the operation of any service station within the City without first obtaining an annual license therefor from the Chief of the Fire Department. The applicant shall pay a fee therefor as established by the Chief. Sec. 19-52. Applications: Applicants for a service station license shall file with the Chief an application showing: (1) The name and address of the applicant; (2) The location of the service station; (3) The name and address of the owner of the premises on which the service station is located; (4) The name and address of the operator of the service station; and (5) The amount of Class I flammable liquid storage provided in such service station. Sec. 19-53. Fees And Requirements For Licenses: Fees and requirements for service station licenses shall be established by the Chief of the Fire Department. Sec. 19-54. Expiration; Renewal: The license required by this Division shall expire on June 30 following the issuance thereof and renewal fees for such licenses shall be due July 1 of each year for the following year and shall become delinquent if unpaid by July 10 of each year. A penalty fee shall be added to all delinquent fees. Secs. 19-55-19-60. Reserved: DIVISION 2. BULK STORAGE TANK LICENSES Sec. 19-61. License Required: No person shall engage in the operation or business of storing, handling or dispensing of corrosive, flammable, or combustible liquids, including liquid petroleum gas (LPG) at any location within the City without first securing an annual license from the Chief of the Fire Department and paying a fee therefor. Sec. 19-62. Exemption: Service stations licensed under Division 2 of this Article, fuel oil used in connection with oil burning equipment located on or in the premises in which the fuel oil is stored and liquid petroleum gas (LPG) used in connection with equipment located on or in the premises in which the liquid petroleum gas (LPG) is stored are not subject to the licensing requirements of this Division. Sec. 19-63.1. Fees And Requirements: Fees and requirements for bulk storage licenses shall be established by the Chief of the Fire Department. Sec. 19-64. Expiration; Renewal: 10 Regular Session, January 3, 2005 The license required by this Division shall expire on June 30 following the issuance thereof and renewal fees for such licenses shall be due July 1 of each year for the following year and shall become delinquent if unpaid by July 10 of each year. A penalty fee shall be added to all delinquent fees. Section 2. This Ordinance shall take effect upon publication. Passed. approved and adopted this 3rd day of January,2005. /s/ Terrance M. Duggan, Mayor Attest: Is/Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald Newspaper the 101h day of January, 2005. /s/ Jeanne F. Schneider, CMC, City Clerk 1t 1/10 Buol moved that the requirement that a proposed Ordinance be ~nsidered 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 7-0. Grand Excursion II: City Manager recommending approval of a request from the America's Rive'r Corporation to provide $10,000 to help fund Grand Excursion II to be held in May, 2005, presented and read. Steward Sandstrom, President of the Chamber of Commerce, spoke clarifying the request. Cline moved that the communication be received and filed and approved recommendation contingent on the event being held. Seconded by Connors. Motion carried 7-0. City Council Appointments: Communication from Operation: New View requesting appointment of the City's designees to their Board for calendar year 2005 (currently Council Members Joyce Connors and Patricia Cline and a designee of the City Manager); communication from the DUbuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2005 (currently Mayor Terrance M. Duggan, Council Members Roy Buol and John Markham, and City Manager Michael C. Van Milligen), and Mayor and City Council appointments to various Boards and Commissions, presented and read. Michalski moved that the communications be received and filed. Seconded. by Nicholson. Motion carried 7-0. Michalski moved that Cline and Connors be reappointed to the Operation: New View Board and City Manager Michael Van Milligen stated his designee would be Janet Walker, of the Housing and Community Development Department. Seconded by Nicholson. Motion carried 7-0. Nicholson moved that the current delegates to the Dubuque Racing Association (DRA) Board of Directors remain the same - Mayor Duggan, Council Members Buol, Markham and City Manager Van Milligen. Seconded by Michalski. Motion carried 7-0. Markham moved that Michalski be appointed to the Four Mounds Board. Seconded by Connors. Motion carried 7-0. Michalski moved that Connors be reappointed to the Convention and Visitors Board with Mayor Duggan as the alternate. Seconded by Markham. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski complimented the Police Department on their compassionate handling of a wellness check of an elderly neighbor. Connors stated that the year 2005 is the year of Foreign Languages' and encouraged people to learn what important steps the City has taken in this regard. Duggan shared the importance of his daughter's Spanish education at Holy Family School. At 7:10 P.M. there being no further business, upon motion meeting adjourned. Is/ Jeanne F. Schneider, CMC City Clerk 1t 1/12 ;;:l~~~A(fLJj C' Clerk Regular Session, January 17, 2005 11 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, January 17, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a special 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 Council Member Michalski. CONSENT ITEMS Minutes and Reports Submitted: Building Code Board of Appeals of 1/6; City Council of 1/3; Community Development Advisory Commission of 12/8; Housing Commission of 12/21; Zoning Board of Adjustment of 12/16, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings for month of November, 2004, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Markham. Motion carried 7-0. Proof of publication of City Council Proceedings of December 20, 2004, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Markham. Motion carried 7-0. Finance Director submitting the City of Dubuque Financial Reports for the month ending December 31, 2004 (On file in the City Clerk's Office), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Carol Kaune for vehicle damage, presented and read. Buol moved that the claim be received and filed and referred to Legal for investigation. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Lori Burrows for personal injury; Carol Kaune for vehicle damage; Nicole Pollard for vehicle damage; Paula Travis for property damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Jim Bauerly for property damage and Area Residential Care Facility for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and directed Finance Department to issue proper payment. Seconded by Markham. Motion carried 7-0. Sexual Orientation: Communication from Reverend Nancy N. Bickel, Reverend Jerry E. Oakland and Reverend Gwen Sayler submitting a petition in support of the proposal of the Human Rights Commission regarding sexual orientation, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Helen Johnston, 3460 Starlite Drive, in support of including sexual orientation in Dubuque's nondiscrimination policy, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Daniel and Marlene Apel, 4485 Dodge Street, in support of adding sexual orientation to the City's civil rights ordinance, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Billie Greenwood, 345 West Locust Street, in support of the Human Rights Commission recommendation for the inclusion of sexual orientation as a protected class in the City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from Steve Heer, 1514 Auburn Street, in support of the proposal by the Human Rights Commission to add sexual orientation to the current City ordinance forbidding discrimination, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: Mary Ann Specht, Agency Secretary, submitting the Fiscal year 2006 budget and fee schedule for the Dubuque Metropolitan Area 12 Regular Session, January 17, 2005 Solid Waste Agency, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. Collective Bargaining Agreement between the City of Dubuque and the Teamsters Local Union No. 421: City Manager recommending approval of the collective bargaining agreement between the City of Dubuque and the Teamsters Local Union No. 421, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 12-05 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE TEAMSTERS LOCAL UNION .NO. 421 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. 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 appropriation for Fiscal Year 2005 is $1,398,731, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Samuel Street Concrete Section Repair and Overlay Project: City Manager recommending acceptance of the Samuel Street Concrete Section Repair and Overlay Project as completed by River City Paving, a Division of Mathy Construction, in the final contract amount of $188,775.07, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7- O. RESOLUTION NO. 13-05 ACCEPTING IMPROVEMENT Whereas, the contract for the Samuel Street - Concrete Section Repair and Overlay 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 Concrete Section Repair Program, Curb Replacement Program, Sanitary Manhole Replacement Program, Storm Sewer - Catch Basin Maintenance, and the FY2005 Annual Street Paving Program in amounts equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 14-05 FINAL ESTIMATE Whereas, the contract for the Samuel Street- Concrete Section Repair and Overlay 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 $194,297.18 and the said amount shalf be paid from the Concrete Section Repair Program, Curb Replacement Program, Sanitary Manhole Replacement Program, Storm Sewer - Catch Basin Maintenance, and the FY2005 Annual Street Paving Program of the City of Dubuque, Iowa. Passed, approved and adopted this 1 ih day of January, 2005. Terrance M. Duggan, Mayor Regular Session, January 17, 2005 13 Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Shot Tower Grant Administration: City Manager recommending approval of a proposal from East Central Intergovernmental Association (ECIA) for $15,000 to assist the City with administration of two grants received to stabilize and rehabilitate the Shot Tower, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Shot Tower Archeological Survey: City Manager recommending approval of the submission of a $15,500 Historic Resources Development Program (HRDP) grant application for the Shot Tower Archeological Survey, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 15-05 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE HISTORIC RE- SOURCE DEVELOPMENT PROGRAM FOR THE SHOT TOWER ARCHEOLOGICAL SURVEY Whereas, the State Historical Society of Iowa has Historic Resource Development Program (HRDP) grant funds available for the preservation and interpretation of Iowa's historic and cultural resources; and Whereas, the City of Dubuque has determined that the Shot Tower is an historically and architecturally significant structure in need of rehabilitation; and Whereas, the National Park Service has awarded the City of Dubuque a Save America's Treasures grant for rehabilitation and interpretation of the Shot Tower, and as part of the grant agreement requires that the City conduct an archeological survey of the Shot Tower; and Whereas, the rehabilitation and interpretation of the Shot Tower is included as a component of the Vision Iowa grant for the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application to the State Historical Society of Iowa for grant funds from the Historic Resource Development Program to conduct the Shot Tower archeological survey is hereby approved. Section 2. That the Planning Services Manager is hereby authorized to sign and submit the application for Historic Resource Development Program grant funds for this project. Passed, approved and adopted this 1 ih day of January 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Enterprise Zone Legislation: City Manager recommending approval of a letter of support for proposed changes to current Enterprise Zone legislation, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Purchase of Property at 715 West 32nd Street: City Manager recommending approval of the purchase of a residential dwelling located at 715 West 32nd 'Street, as part of the acquisition pro~ram associated with expansion of the West 32n Street detention basin, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 16-05 RESOLUTION APPROVING THE ACQUI- SITION OF REAL ESTATE LOCATED AT 715 WEST 32ND STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the seventh property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 Stierman Place in the City of Dubuque, Iowa according to the Plat thereof in Dubuque County, Iowa; At the cost of One Hundred Forty-four thousand dollars ($144,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. 14 Regular Session, January 17, 2005 Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Community School District: Notice in the matter of the condemnation of certain rights in land by the Dubuque Community School District for the counties of Dubuque and Jackson (a/k1a Dubuque Community School District) for purposes of acquiring land to construct a new school, presented and read. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. United States Environmental Protection Agency: Communication from the United States Environmental Protection Agency providing an update on the Peoples Natural Gas Superfund Site in the City of Dubuque, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 17-05 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. 1 NEW Bootlegger's Pub Bootlegger's Pub 689 Elm St Passed, approved and adopted this 17'h day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 18-05 Whereas, application for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS"B" BEER International UAW Local 94 UAW Local #94+ (Sunday Sale) 3450 Central AVe. Class "C" Beer Permit Awn Stop Mart, Inc. Awn Stop Mart, Inc. + (Sunday Sale) 1998 Jackson St. Passed, approved and adopted this 17'h day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 19-05 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 Phillip R. Love The Lounge + (Sunday Sale) 481 Locust St Passed, approved and adopted this 17th day of, January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ITEM TO BE SET FOR PUBLIC HEARING Historic Preservation Revolving Loan Fund: City Manager recommending that a public hearing be set for February 7, 2004 to consider ratifying prior action taken on the proposed issuance of a $200,000 General Obligation Capital Loan Note, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 20-05 RESOLUTION DIRECTING REPUBLICATION OF NOTICE OF HEARING ON THE PROPOSITION OF THE ISSUANCE OF A Regular Session, January 17, 2005 15 $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE OF DUBUQUE, IOWA WHEREAS, this City Council has previously held a public hearing and taken action with respect to the issuance of a General Obligation Capital Loan Note to the amount of $200,000, as authorized by Section 384.24A and 384.26(5) of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a general corporate project as hereinafter described; and WHEREAS, the published notice of said hearing may not have substantially complied with the foregoing statutory requirements, and it is therefore appropriate that a new notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan Agreement and Note be published, and that the Council receive oral and/or written objections from any resident or property owner of the City to such action and any petition for an election on said proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 7'h day of February, 2005, for the purpose of receiving objections or petitions on the matter of the issuance of a $200,000 General Obligation Capital Loan Note, the proceeds of which will be used to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said General Obligation Capital Loan Note shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MA TIER OF THE PROPOSED ISSUANCE OF A $200,000 GENERAL OBLIGATION CAPITAL LOAN NOTE OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a publiC hearing on the 7th day of February, 2005, at 6:30 o'clock P.M., in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of a $200,000 General Obligation Capital Loan Note in order to provide funds to pay costs of funding the City's Historic Preservation Revolving Loan Fund and the making of loans to property owners in designated historic preservation districts or who own a City designated landmark for exterior rehabilitation projects. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan Agreement and the issuance of a Note to evidence the obligation of the City thereunder or will abandon the proposal. At any time before the date of said meeting, a petition, asking that the question of issuing such Note be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26(5) of the City Code of Iowa. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 384.24A and 384.26(5) of the City Code of Iowa, as amended. Dated this 21st day of January, 2005. City Clerk of Dubuque, Iowa (End of Notice) PASSED AND APPROVED this 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution with public hearing set for 217/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law; Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (One unexpired three-year term through 7/1/05 - Old Main Oistrict) Applicant: Mirdza E. Berzins Ms. Berzins spoke requesting consideration for appointment. TV Cable Regulatory Commission (One unexpired three-year term through 6/30/06 - term of Ellis; two unexpired three-year terms - term of Pratt and one vacant) Applicant: Charlie Ellis No one spoke. PUBLIC HEARINGS 16 Regular Session, January 17, 2005 Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Nicholson. Motion carried 7-0. Harvest View Park Development Project: Proof of publication on notice of hearing on plans and specifications and notice to bidders for the Harvest View Park Development Project and City Manager recommending award of the contract to Klauer Construction Company in the amount of $94,800, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 21-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 6th day of December, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Harvest View Park Development 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 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 22-05 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Harvest View Park Project pursuant to Resolution No. 467-04, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 12th day of December, 2004. WHEREAS, said sealed proposals were opened and read on the 6th day of January, 2005, and it has been determined that the bid of Klauer Construction Company in the amount of $94,800 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 Klauer Construction Company, 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 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 2004 Sanitary Sewer Lining Project: Proof of publication on notice of hearing on plans and specifications and notice to bidders for the 2004 Sanitary Sewer Lining Project and City Manager recommending award of the contract to Visu- Sewer Clean & Sear Co., in the amount of $81,329.16, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 23-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of December, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2004 Sanitary Sewer Lining Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1 ih day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 24-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2004 Sanitary Sewer Lining Project pursuant to Resolution No. 458-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of December, 2004. Whereas, said sealed proposals were opened and read on the 29th day of December, 2004, Regular Session, January 17, 2005 17 and it has been determined that the bid of Visu- Sewer Clean & Seal Co. of Pewaukee, Wisconsin, in the amount of $ 81,329.16 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 Visu-Sewer Clean & Seal 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 1 ih day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. US 20 Sanitary Sewer Extension Project: Proof of publication on notice of hearing on plans and specifications and notice to bidders for the US 20 Sanitary Sewer Extension Project and City Manager recommending award of the contract to Top Grade Excavating, Inc., in the amount of $382,102.05, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 25-05 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE U.S. HIGHWAY 20 . SANITARY SEWER EXTENSION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the U.S. Highway 20 Sanitary Sewer Extension Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: x Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the _ day of , 2005, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 1ih day of January, 2005. errance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 26-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1 st day of December, 2004, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the U.S. Highway 20 Sanitary Sewer Extension Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1 ih day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 27-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the US Highway 20 Sanitary Sewer Extension Project pursuant to Resolution No. 464-04 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of December, 2004. Whereas, said sealed proposals were opened and read on the 6th day of January, 2005, and it 18 Regular Session, January 17, 2005 has been determined that the bid of Top Grade Excavating, Inc. of Epworth, Iowa, in the amount of $382,102.05 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 Top Grade Excavating, 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 unsuccessful bidders. Passed, approved and adopted this 1 ih day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Request for Renewal Proposal (RFRP) - Mediacom: City Manager recommending approval of the issuance of a Request for Renewal Proposal with supporting documents to Mediacom and authorization for continuation of informal renewal negotiations, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 28-05 APPROVING THE ISSUANCE OF A REQUEST FOR RENEWAL PROPOSAL FOR A CABLE TELEVISION FRANCHISE WITH MCCIOWA, L.L.C. Whereas, MCClowa, L.L.C. (Mediacom) is the holder of a cable services franchise with the City of Dubuque (City), embodied in Ordinance No. 42-81, as modified by a series of waivers and side agreements, and acquired from TCI of Iowa, Inc. via a transfer approved by the Dubuque City Council on June 18, 2001, which franchise expired December 31,2004; and Whereas, the Cable Communications Policy Act of 1984 (the Cable Act) provides a specific and formal process by which City and Mediacom determine whether and upon what terms the franchise will be renewed; and Whereas, the Cable Act also permits City and Mediacom to negotiate a franchise renewal agreement informally and concurrently with the formal renewal process and to terminate the formal process if an agreement is reached informally; and Whereas, representatives of City and Mediacom have entered into good faith negotiation of the terms and conditions for the renewal of the franchise and now report that unresolved issues are few but that an agreement is not yet achieved; and Whereas, the Dubuque City Council believes that it is in the best interest of City to issue the Request For Renewal Proposal under the formal renewal process of the Cable Act and to continue concurrently with the informal process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in accordance with the provisions of the Cable Act, the City of Dubuque hereby approves and offers to MCClowa, L.L.C. the accompanying Request For Renewal Proposal for a cable services franchise serving the area bounded by the Dubuque corporate boundary as may be amended by future annexation, along with supporting documents; and Section 2. That representatives of the City are hereby authorized and encouraged to continue informal negotiations with Mediacom to resolve outstanding issues for a franchise renewal agreement. Passed, approved and adopted this 17th day of January, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Washington Street Neighborhood Revitalization Strategy: City Manager recommending approval of a targeted revitalization strategy to positively impact the Washington Street Neighborhood, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2004 Comprehensive Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City Responses to the Management Letter, presented and read. Michalski moved that the communication and reports be received and filed and congratulated Staff. Seconded by Nicholson. Motion carried 7-0. Request for Proposals - Transient Boat Docks Feasibility Study: City Manager recommending Regular Session, January 17, 2005 19 approval of the issuance of a Request for Proposals (RFP) for a Transient Boat Docks Feasibility Study at the Port of Dubuque which is necessary for the City to compete in the Federal Boating Infrastructure Grant Program, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Iowa League of Cities Conference: Communication to the Iowa League of Cities extending an offer to host the Iowa League of Cities Conference in September 2009 and advising that Public Information Officer Randy Gehl will serve as the City's representative along with an appointed City Council representative, presented and read. Cline moved that the communication be received and filed and appointed Council Member Nicholson as the Council representative. Seconded by Markham. Motion carried 7-0. Fiscal Year 2006 Operating Budget and Capital Improvement Program: City Manager submitting the Fiscal Year 2006 Operating Budget and Capital Improvement Program, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski commended Faces and Voices and the activities for the Martin Luther King, Jr. memorial celebration. PUBLIC INPUT Kathy McMullen, General Manager of Mediacom, Dubuque, spOke stating they are committed to the franchise renewal and reviewed the accomplishments and enhancements of their system. At 7:49 P.M. Buol moved to go into Closed Session - Pending Litigation - Chapter 21.5(1 )(c) 2003 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 7:58 P.M. Council reconvened Regular Special Session stating staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 7:59 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1t 1/26