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2005 March Council Proceedings Special Session, March 2, 2005 55 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 2, 2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro- T em Markham, Council Members Buol, Cline, Connors, Michalski, Nicholson, City Manager Van Milligen Absent: Mayor Duggan Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of discussing various City departmental budgets. Airport Department: Nicholson requested that a work session be scheduled to discuss the Airport Master Plan. Consensus was reached on this issue and staff directed to schedule the work session. Purchase of Services: Steward Sandstom, America's River, provided an overview of upcoming events. Sue Czeshinski, Dubuque Area Chamber of Commerce - Convention and Visitors Bureau, provided a brief update on CVB's activities. Chuck Isenhart, Dubuque Area Labor Management Corporation, highlighted projects undertaken in the past year. Dan LoBianco, Dubuque Main Street Ltd., thanked the Council for their support and gave an update of Main Street's activities. Rick Dickinson, Greater Dubuque Development Corporation, expressed appreciation for past and future funding. Linda Chapman, Director of RSVP - Retired Senior. Volunteer Program, expressed appreciation for past funding and briefly summarized RSVP's activities. Tom Stovall, Operation: New View, updated the Council on the various programs offered by Operation: New View and expressed concerns about projected Federal budget cuts. He requested that City Council submit a letter to Federal legislators in support of continued funding for the Community Services Block Grant Program. Staff was directed to prepare a letter of support for the City Council. Val Akin, Board of Directors of Dubuque Main Street, Ltd., spoke in support of the DMSL request for funding in the amount of $50,000 for additional staff and spoke of the many activities that are supported by DMSL. Michalski commented that she was not going to request a change in the City Manager's recommended funding for Dubuque Main Street, but urged Council awareness of the work of Dubuque Main Street and to realize how much more could be accomplished with the necessary tools. There being no further business, Nicholson moved to adjourn. Seconded by Cline. Motion carried 6-0. The meeting adjourned at 7:55 p.m. Isl Jeanne F. Schneider, CMC City Clerk :~:r:ved: Qlt>n<" Adopted :Z/.7Le ,,' 2005 ? 2005 Council Members <+ Attest: ',-- '-11.7tt{{~{ tlt {/cLiJ,Vt /+F~i City Clerk .'~ , !.. 'r-::' ~:...Jf'" <~-?} 56 Regular Session, March 7, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 7, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing matters which may properly come before the Council. Invocation was given by Reverend Richard Carns, Pastor, Grandview Heights Baptist Church. Laura Carstens, Planning Services Manager, presented to the Council the recently granted National Trust for Historic Preservation Award. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/8; City Conference Board of 3/9/04, 2/12, and 2/7/05; City Council of 2/16,2/21,2/22,2/24 and 2/28; Historic Preservation Commission of 2/17; Housing Commission of 2/22; Housing Commission Trust Fund of 2/14; Library Board of 12/16 and 1/27; Long Range Planning Advisory Commission of 2/16, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proof of publications of City Council Proceedings of February 7, 15, and 16, 2005 and List of Claims and Summary of Revenues for month ending January 31,2005 (on file in the City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Finance Director submitting the City of Dubuque Financial Reports for the month ending February 28, 2005, presented and read. Buol moved that the communication and report be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Bruce Rutz for personal injuries; Dianna Stonskas for property damage; Wells Fargo Bank vs City of Dubuque, et ai, presented and read. Buol moved that the claims be received and filed and referred to Legal for investigation. Seconded by Nicholson. 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, Dianna Stonskas for property damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Housing Code Appeals Board: Communications from Thomas A. Hannan and Robert L. Sampson submitting their resignations from the Housing Code Appeals Board, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Consultant Selection for the Design of Floodwall Improvement Projects: City Manager recommending approval of the selection of IIW Engineers and Surveyors, P.C. to provide architectural and engineering services for improvements to the City's f100dwall pumping facilities, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Iowa Clean Air Attainment Program (ICAAP) Funding: City Manager recommending approval of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program (ICAAP) funding for Priority 1 (US 20 - Devon Drive to Menards) of the Traffic Signal and Intelligent Transportation System improvements, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 68-05 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FUNDING OF PRIORITY 1 (US 20 - DEVON DRIVE TO MENARDS) OF THE TRAFFIC SIGNAL AND ITS (INTELLIGENT TRANSPORTATION SYSTEM) IMPROVEMENTS PROJECT Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for projects to reduce vehicle emissions; and Whereas, delay along the US Highway 20 causes traffic congestion, which produces excessive levels of vehicle emissions; and Regular Session, March 7, 2005 57 Whereas, Priority 1 (US 20 - Devon Drive to Menards) of the Traffic Signal and ITS (Intelligent Transportation System) Improvements Project has been developed which will reduce congestion and vehicle emissions along the Highway 20 Corridor in Dubuque; and Whereas, the Iowa Clean Air Attainment Program Funds will be required to complete said traffic for Priority 1 (US 20 - Devon Drive to Menards) of the Traffic Signal and ITS (Intelligent Transportation System) Improvements Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: 1. Staff is authorized to submit an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funds. 2. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. 3. The City agrees to maintain and operate Priority 1 (US 20 - Devon Drive to Menards) of the Traffic Signal and ITS (Intelligent Transportation System) Improvements Project for public use during the project's useful life if funding is approved. 4. The City of Dubuque, Iowa agrees to commit the necessary $183,678 of the total cost of $444,050 for project implementation. 5. That the Mayor is authorized to sign the necessary application form and subsequent grant contracts with the Iowa Department of Transportation. Passed, approved and adopted this ih day of March, 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. Legislative Letters: Communication to State Legislators encouraging them to vote "no" on HF 403 regarding the exemption of instructional support property tax levy of a school district from being collected as part of incremental taxes paid for an urban renewal area; Communication to State Representative Pam Jochum encouraging a "no" vote to HSB 59 regarding a change in definition of the Open Meetings law, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Mississippi Valley Promise Board: Communication from Jane Steele, Executive Director, welcoming City Manager Michael C. Van Milligen to the Mississippi Valley Promise Board, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Washington Court Project: City Manager recommending approval of the 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 Washington Court Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 69-05 A RESOLUTION AUTHORIZING PUBLICA- TION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE WASHINGTON COURT PROJECT. Whereas, the City of Dubuque has received a Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Washington Court Project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of "Intent to Request Release of' Funds" for said project will be sent by regular mail to various federal, state and local public agencies, to the appropriate Regional Office of the Environmental Protection Agency, and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Washington Court Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on March 28, 2005. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record 58 Regular Session, March 7, 2005 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 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 is and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this ih day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Upper Main Street Historic District has been accepted for nomination to the. National Register of Historic Places, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Community Development Block Grant Fund: Communication to Senator Charles Grassley, Senator Tom Harkin, and Congressman Jim Nussle requesting their support in saving the Community Development Block Grant (CDBG) Program and restoring its funding, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. University Avenue Reconstruction Project: City Manager recommending award of the contract for the University Avenue Reconstruction (US 20 to University Avenue) Reinforced Concrete Box Culvert Extension Project, which was bid by the Iowa Department of Transportation, to Tschiggfrie Excavating Company, presented and read. Buol moved that this be tabled to 3/21/05. Seconded by Nicholson. Motion carried 7-0. Star Brewery Lease Extension: City Manager recommending approval of a second amendment to the Lease Agreement with Historical Star Redevelopment to extend the original lease for a five month period, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 70-05 AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE AGREEMENT WITH HISTORICAL STAR REDEVELOPMENT L.L.C. FOR THE STAR BREWERY BUILDING' Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly entered into a one-year Lease Agreement with Historical Star Redevelopment L.L.C. (Developer) for the Star Brewery Building; and Whereas, the Lease Agreement provides that the term of the Lease Agreement is for twelve (12) months or such longer or shorter term as the parties may agree in writing; and Whereas, the parties desire to extend the original term of the Lease Agreement for an additional period of five (5) months; and Whereas, a Second Amendment to Lease Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the Lease extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to Lease Agreement by and between the City of Dubuque and Historical Star Redevelopment L.L.C., attached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, the Second Amendment to Lease Agreement. Passed, approved and adopted this 7th day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Vision Iowa Grant Award Agreement Amendment: City Manager recommending approval of an Amendment to the Vision Iowa Grant Award approving an extension of time for completion of specific projects in the Port of Dubuque, presented and read. Buol moved that Regular Session, March 7, 2005 59 the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 71-05 RESOLUTION APPROVING AN AMENDMENT TO THE GRANT AWARD AGREEMENT AMONG THE VISION IOWA BOARD, THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE COUNTY HISTORICAL SOCIETY Whereas, on July 11, 2001, the City of Dubuque (the City), the Dubuque County Historical Society (the Society), and the Vision Iowa Board (the Board) entered into a Grant Award Agreement (Agreement), which was effective on July 11, 2001; Whereas, under the Agreement, the Board awarded forty million dollars (US$40,000,000) to the City and the Society for their America's River Project (Project), subject to certain conditions, including the requirement that the Project be completed by June 30, 2005; , Whereas, while certain components of the Project are now complete, the City for various reasons has requested an extension of time in which to complete certain other components; Whereas, the Board is willing to grant the extensions upon certain conditions as set forth in the attached Amendment To Grant Award Agreement among the Vision Iowa Board, The City of Dubuque, Iowa and The Dubuque County Historical Society (the Amendment); Whereas, the City Council of the City of Dubuque has determined that the Amendment should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Amendment To Grant Award Agreement among the Vision Iowa Board, The City Of Dubuque, Iowa and the Dubuque County Historical Society is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Amendment on behalf of the City of Dubuque. Passed, approved and adopted this ih day of March, 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. City Development Board: Communication from Steven R. McCann, City Development Board, to the Honorable Chester Culver, Iowa Secretary of State, filing the documents necessary to complete the annexation for the City of Dubuque's boundary change, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Transient Boat Docks - Consultant Selection: City Manager recommending approval of the selection of the Abonmarche Group as the professional consulting firm to complete a Transient Boat Docks Feasibility Study for the Port of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 72-05 RESOLUTION APPROVING THE ABONMARCHE GROUP TO COMPLETE A TRANSIENT BOAT DOCKS FEASIBILITY STUDY FOR THE PORT OF DUBUQUE Whereas, proposals were solicited from various professional consulting firms to complete a Transient Boat Docks Feasibility Study for the Port of Dubuque, and Whereas, in accordance with the City's Administrative Policy, the Selection Committee selected a Consultant based upon the Consultant's qualifications and experience, and the Selection Committee's determination of the Consultant best suited for this specific project, and Whereas, the professional consulting firm of The Abonmarche Group of Benton Harbor, Michigan, was chosen by the Selection Committee as the first-ranked Consultant to complete the Transient Boat Docks Feasibility Study for the Port of Dubuque, and Whereas, the Abonmarche Group shall complete a phased approach with the planning, market and economic studies, design and construction of transient boat docks at two potential locations in the Port of Dubuque: Phase 1 - Ice Harbor and Phase 2 - Mississippi River as required to complete the following project objective: Evaluate the most appropriate location and accommodating slip configuration and layout for transient boat docks in the Ice Harbor at the Port of Dubuque. Conduct a Transient Boat Docks Feasibility Study for the construction of a transient boat dock facility on the main channel of the Mississippi River at the Port of Dubuque and prepare the Federal Boating Infrastructure (Tier 1 I Tier 2) Grant Application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager be authorized to execute a Professional Services Contract with The Abonmarche Group of Benton Harbor, Michigan, to complete the Transient Boat Docks Feasibility Study for the Port of Dubuque. Passed, adopted and approved this ih day of March, 2005. Terrance M. Duggan, Mayor 60 Regular Session, March 7, 2005 Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Lodge No. 355: Dubuque Lodge No. 355 to permanently transfer their LA Liquor License from 1166 Main Street to 2635 Windsor Avenue, presented and read. Buol moved that the communication be received and filed and approved transfer. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 73-05 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 "CO BEERILlQUOR LICENSE Rafters, Inc Rafters + ( SundaylOutdoor Sale) 2728 Asbury Rd The Bar X The Bar X + (Sunday Sale) 2616 Windsor Av DBQ Racing Association DBQ Greyhound ParklCasino+(SundayIOutdoor S) 1855 Greyhound Prk DBQ Fraternal Order of Eagles Eagles Club+ (Sunday Sale) 1175 Century Dr Passed, approved and adopted this 7th day of March, 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. ITEMS TO BE SET FOR PUBLIC HEARING University Avenue Reconstruction: City Manager recommending initiation of the public bidding process for the University Avenue Reconstruction (US 20 to University Avenue) - Reinforced Concrete Box (RCB) Culvert Extension Project and that a public hearing on the plans and specifications be set for March 21, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 74-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the University Avenue Reconstruction (US 20 to University Avenue) - Reinforced Concrete Box (RCB) Culvert Extension Project, in the estimated amount of $2,078,394.33 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this ih day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors., Motion carried 7-0. RESOLUTION NO. 75-05 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 University Avenue Reconstruction (US 20 to University Avenue) - Reinforced Concrete Box (RCB) Culvert Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 21st day of March, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this ih day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution with hearing date set for 3/21/05 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. Regular Session, March 7, 2005 61 2005 Curb Ramp Installation - CDBG Project NO.1: City Manager recommending initiation of the public bidding process for the 2005 Curb Ramp Installation - CDBG Project No. 1 and that a public hearing on the plans and specifications be set for March 21, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 76-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2005 Curb Ramp Installation - CDBG Project No. 1 in the estimated amount of $28,715.50 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this th day of March,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 77-05 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 2005 Curb Ramp Installation - CDBG Project NO.1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 21st day of March, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this th day of March, 2005. . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution with hearing set for 3/21/05 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. RESOLUTION NO. 78-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2005 Curb Ramp Installation - CDBG Project No. 1 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 15th day of March, 2005. 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 21st day of March, 2005. Passed, adopted and approved this th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. US 20 Bridge - Right-of-Way: City Manager recommending that a public hearing be set for March 21, 2005 to consider approval of the Purchase Agreement and Quit Claim Deed to provide the necessary right-of-way to the Iowa Department of Transportation for construction of a new US 20 bridge crossing the Mississippi River, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 79-05 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 OF SECTION 30, TOWNSHIP 89 NORTH, RANGE 3 EAST OF THE 5TH P.M., CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque is the owner of land located in Government Lot 3 of Section 30, Township 89 North, Range 3 east of the 5th P.M. 62 Regular Session, March 7, 2005 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the State of Iowa has requested additional right-of-way for the construction of a US Highway 20 bridge over the Mississippi River; and Whereas, the State of Iowa has prepared and submitted to the City Council a plat showing the area necessary for additional right-of-way, which hereinafter shall be known and described as a parcel of land in Government Lot 3 of Section 30, Township 89 North, Range 3 east of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, as shown on Acquisition Plat Exhibit A dated February 22, 2005 attached hereto and by this reference made a part hereof, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in a parcel of land in Government Lot 3 of Section 30, Township 89 North, Range 3 east of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, as shown on said Acquisition Plat Exhibit A dated February 22, 2005. Section 2. That the conveyance of a parcel of land in Government Lot 3 of Section 30, Township 89 North, Range 3 east of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, as shown on said Acquisition Plat Exhibit A dated February 22, 2005, to the State of Iowa be contingent upon the payment of platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed bX law. Passed, approved and adopted this 7 h day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution and set public hearing for 3/21/05 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. Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project: City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center West Third Addition/Contract A Mass Grading Project and that a public hearing on the plans and specifications be set for April 4, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 80-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center West 3rd AdditionlContract A Mass Grading Project, in the estimated amount $4,538,284.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7'h day of March,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 81-05 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 Dubuque Industrial Center West 3rd AdditionlContract A Mass Grading Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 4th day of April, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7'h day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution with hearing set for 4/4/05 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. RESOLUTION NO. 82-05 ORDERING BIDS Regular Session, March 7, 2005 63 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Industrial Center West 3'd Addition/Contract A Mass Grading 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 24th day of March, 2005. 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 4th day of Aprilh 2005. Passed, adopted and approved this i day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDSICOMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Zoning Board of Adjustment (One 5-year term through 3/25/10 - Term of Ruden) Applicant: Michael A. Ruden. Mr. Ruden was unable to attend. Appointments to the following Boards I Com- missions: Community Development Advisory Com- mission (One At-Large 3-year term through 2/15/08 - term of Pregler); Applicants: Janice Craddieth; R.J. Sullivan Communication from Tara Nelson in support of the appointment of Janice Craddieth, presented and read. Vote on the appointment was as follows: Duggan voted for Sullivan; Markham voted for Craddieth; Michalski voted for Craddieth; Nicholson voted for Sullivan; Buol voted for Craddieth; Cline voted for Sullivan; Connors voted for Craddieth. Therefore, Janice Craddieth appointed to a three year term on the Community Development Advisory Commission which will expire 2/15/08. Zoning Board of Adjustment (One unexpired 5- year term through 3/25/07 - term of Wm. Felderman) Applicant: William J. Gibbs. Michalski moved that Mr. Gibbs be appointed to the unexpired five year term which will expire 3/25/07. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved to suspend the rules to allow anyone present to address the Council. Seconded by Nicholson. Motion carried 7-0. Sale of Property - 966 Liberty Street: Proof of publication on notice of hearing to consider a request from Roger and Ann Pickel to purchase Lot 1, Clark's Sub 2 (966 Liberty Street), which is located adjacent to their property, and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 83-05 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 CLARK'S SUB 2 IN THE CITY OF DUBUQUE, IOWA (966 LIBERTY ST.) 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 the 25th day of February, 2005, the City Council of the City of Dubuque, Iowa met on the 21 st day of February, 2005, at 6:30 p.m. in the Public Library Auditorium, 360 West 11th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 Clark's Sub 2 in the City of Dubuque, Iowa (966 Liberty St.) Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of Lot 1 Clark's Sub 2 in the City of Dubuque, Iowa (966 Liberty St.) to Roger and Ann Pickel and the same is hereby approved for the sum of $2,500, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed subject to reservation of easements of record. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Roger and Ann Pickel upon receipt of the purchase price in full, and payment of publication and filing 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. 64 Regular Session, March 7, 2005 Passed, approved and adopted this 7th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Industrial Center West - General Obligation Bond Issue: Proof of publication on notice of hearing to consider the issuance of not to exceed $7,265,000 General Obligation Bonds to support grading and infrastructure improvements to the former Bergfeld farm property and other amenities in Bergfeld Recreation Area in the Dubuque Industrial Center Economic Development District and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 84-05 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $7,265,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $7,265,000 General Obligation Bonds for essential corporate purposes of paying costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $7,265,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. The Clerk and Finance Director are authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 7th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Rhodes "Bud" Isenhart, 8968 Quail Ridge Rd., spoke regarding tax increment financing and questioned where the money goes from land sales. City Manager Van Milligen responded. Stormwater Projects - General Obligation Bond Issue: Proof of publication on notice of hearing to consider the issuance of not to exceed $1,750,000 in General Obligation Bonds to support stormwater projects included in the adopted Fiscal Year 2005 CIP budget and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Cline. Carried by the following vote: Yeas- Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 85-05 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,750,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1,750,000 General Obligation Bonds for the essential corporate purpose of paying costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements, and has considered the extent of objections received from residents or property owners as to Regular Session, March 7, 2005 65 said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $1,750,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Clerk and Finance Director are authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. Passed and approved this 7th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays--Duggan. RESOLUTION NO. 86-05 RESOLUTION DIRECTING. THE ADVERTISEMENT FOR SALE OF GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B AND TAXABLE SERIES 2005C, IN THE AGGREGATE PRINCIPAL AMOUNT OF $9,015,000, AND APPROVING ELECTRONIC BIDDING PROCEDURES Whereas, the City of Dubuque, Iowa, is in need of funds to pay costs of the acquisition, construction, and installation of stormwater and storm sewer utility facilities and improvements, including the 32nd Street Detention Basin land acquisition, stormwater ditch remediation, NPDES compliance activities, and other storm sewer, stream bank and detention basin improvements, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $1 ,750,000 as authorized by Section 384.25 of the City Code of Iowa; and Whereas, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the rehabilitation of the historic Dubuque Star Brewery Building and its redevelopment for retail commercial entertainment purposes, and the funding of grants to private developers for such purposes, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $1,150,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the City also is in need of funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including those costs associated with grading and construction of the former 152 acre Bergfeld farm property of said urban renewal area, the construction of street improvements to connect the east and west sections of Chavenelle Road and related water and sewer improvements to serve the developed areas and property to the north, the construction of public trails throughout the district, and retaining wall around the pond in the Bergfeld Recreation Area 66 Regular Session, March 7, 2005 and the construction of other public amenities in the Bergfeld Recreation Area, including restrooms, fishing pier, play equipment and lighting improvements, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $7,265,000 as authorized by Sections 403.12 and 384.24(3)(q) of the Code of Iowa; and Whereas, pursuant to notice published as required by Sections 403.12 and 384.24(3)(q) this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of the above described Bonds, and no petitions were filed calling for an election thereon and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of the Council that additional action be taken for the issuance of said Bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and Whereas, the Council has received information from its Financial Consultant recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the PARITY@ competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds hereinafter described at public sale. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 21 st day of March, 2005, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the Finance Director, City Hall, 50 West 13th Street, in the City of Dubuque, Iowa (the "Issuer") at 11 :00 o'clock A.M., on the 21st day of March, 2005. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the terms of offering. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Carnegie- Stout Public Library, Dubuque, Iowa, at a meeting of the City Council on the above date at 6:30 o'clock P.M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2005A, in the amount of $1 ,750,000, to be dated the date of delivery. GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2005B, in the amount of $4,270,000, to be dated the date of delivery. GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2005C, in the amount of $2,995,000, to be dated the date of delivery. (together, the "Bonds") Manner of Bidding: Open bids will not be received. Bids for each series of the Bonds will be received in any of the following methods: $ Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Dubuque, Iowa $ Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director, Dubuque. Iowa. The bids must be submitted through the PARITY@ competitive bidding system. $ Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director, Dubuque, Iowa (facsimile number: 563/589-0890). Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form for each series, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589- 4100) or the financial advisor to the City, Public Financial Management, Inc., 2600 Grand Regular Session, March 7, 2005 67 Avenue, Des Moines, Iowa 50312 (telephone: 515/243-2600). Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said Bonds will be sold subject to the opinion of Ahlers & Cooney, P,C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. Isl Jeanne F. Schneider, City Clerk City Clerk of the City of Dubuque, Iowa (End of Notice~ Passed and approved this 7 day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays--Duggan. Dubuque Star Brewery Building - General Obligation Bond Issue: Proof of publication on notice of hearing to consider the issuance of not to exceed $1,150,000 General Obligation Bonds to support rehabilitation and redevelopment of the historic Dubuque Star Brewery Building and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 87-05 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,150,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1,150,000 General Obligation Bonds for essential corporate purposes of paying costs of aiding in the planning, undertaking and carrying. out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, including those costs associated with the rehabilitation of the historic Dubuque Star Brewery Building and its redevelopment for retail commercial entertainment purposes, and the funding of grants to private developers for such purposes, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $1,150,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. The Clerk and Finance Director are authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. Passed, approved and adopted this ih day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, 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 Connors. Motion carried 7-0. ACTION ITEMS 4616 Asbury Road - Request to Rezone (Tabled on February 21, 2005): Consideration of rezoning property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Chuck NaumanlMaxine Roussel and Zoning Advisory Commission recommending approval; Communication from Timothy J. Quagliano clarifying his position on rezoning of land located at 4616 Asbury Road; Communication from Tim Quagliano regarding the proposed rezoning and access to the parcel of property to be rezoned, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code 68 Regular Session, March 7, 2005 of Ordinances by reclassifying hereinafter described property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District, presented and read. Buol moved that this item remain tabled. Seconded by Markham. Motion carried 7-0. City Interest in Disposition of the Federal Building / 350 West 6th Street: City Manager recommending approval of correspondence with the General Services Administration (GSA) expressing the City's interest in pursuing acquisition of the Federal Building at 350 West Sixth Street for public purposes, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Code of Ordinances - Scheduled Fines for Speeding Violations: City Manager recommending approval of an amendment to the Code of Ordinances to allow electronic entry of the fine, court costs and bond amounts with regard to speeding violations, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance amending the City of Dubuque Code of Ordinances by adding a new Subsection 32-231 (d) adopting the scheduled fines provided for in the Iowa Code for speeding violations, presented and read. OFFICIAL PUBLICATION ORDINANCE NO.7-OS AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SUBSECTION 32-231(d) ADOPTING THE SCHEDULED FINES PROVIDED IN THE IOWA CODE FOR SPEEDING VIOLATIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances 32-231 is amended by adding a new section 32-231 (d) as follows: (d) Scheduled fines are established pursuant to Iowa Code Section 805.6(6). Excessive speed in zones 55 mph or less (1) 1 through 5 over (2) 6 through 10 over (3) 11 through 15 over (4) 16 through 20 over (5) Over 20 mph over (plus $2 for each mile in excess of 20 mph over limit) Excessive speed in zones greater than 55 mph (6) 1 through 5 over (7) 6 through 10 over (8) 11 through 15.over (9) 16 through 20 over (10) Over 20 mph over (plus $2 for each mile in excess of 20 mph over limit) Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 7th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/11 Buol moved to receive and file the communication and 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. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission: Commu- nication from the Historic Preservation Commission requesting that the City Council send notification to the State Legislators in support of any funding for historic preservation, presented and read. Cline moved that the communication be received and filed and directed staff to send the letter. Seconded by Buol. Motion carried 7-0. Historic District Public Improvement Program: Historic Preservation Commission submitting the 2005 Historic District Public Improvement Program applications and recommendations / summary on each, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. A. Four Mounds Foundation: Historic Preservation Commission recommending that the City Council approve $6,000 from the Historic District Public Improvement Program to fund the request from the Four Mounds Foundation to install directional signageand a kiosk at Four Mounds Estates Historic District, presented and read. Cline moved that the communication be received and filed and approved funding. Seconded by Connors. Motion carried 7-0. B. Historic Bluffs Neighborhood AssociationlAndrew Brachman: Historic Preservation Commission recommending City Council approve $3,000 from the Historic District Public Improvement Program to fund the request of the Historic Bluffs Neighborhood Association/Andrew Brachman to install landscaping, benches, fencing, pavers and a historical plaque at the former West 11th Street elevator, presented and read. Cline moved that Regular Session, March 7, 2005 69 the communication be received and filed and approved funding. Seconded by Connors. Motion carried 7-0. Council commended the Eagle Scout for doing this project. C. Historic Bluffs Neighborhood AssociationlChris Olson: Historic Preservation Commission recommending City Council approve $90,000 from the Historic District Public Improvement Program to fund the request of the Historic Bluffs Neighborhood AssociationlChris Olson to install historic street lights and bury utility lines along Grove Terrace and Lower Grove Terrace, presented and read. Michalski moved that the communication be received and filed and approved funding. Seconded by Buol. Motion carried 7-0. D. Dubuque Main Street, Ltd: Historic Preservation Commission recommending City Council approve $100,000 from the Historic District Public Improvement Program to fund the request of Dubuque Main Street, Ltd., to offset property owners' sidewalk assessments in the Old Main Historic District, presented and read. Cline moved that the communication be received and filed and approved funding. Seconded by Buol. Motion carried 7-0. E. Downtown Neighborhood Council: Historic Preservation Commission recommending City Council approve $24,346.95 from the Historic District Public Improvement Program to fund the request of the Downtown Neighborhood Council/Dave Stuart for the installation of brick sidewalks at 1105, 1145, and 1389 Locust Street, and 1323 - 1325 Bluff Street, presented and read. Cline moved that the communication be received and filed and approved funding. Seconded by Buol. Motion carried 7-0. Historic District Public Improvement Program - Downtown Neighborhood CouncillDave Stuart Application: Historic Preservation Commission recommending that the City Council approve the historic replica traffic lights as submitted by the Downtown Neighborhood CouncillDave Stuart and to direct the Engineering Department to use an existing CIP budget to update the three most critical intersections and City Manager recommending denial of the request of the Historic Preservation Commission that the project budget for the replacement of four traffic signals on Loras Boulevard be increased from $180,000 to $260,000 to have the new traffic lights on Loras Boulevard be historic replicas, presented and read. Dave Stuart spoke in favor of the project. Michalski moved that the communications be received and filed and denied request. Seconded by Markham. Motion carried 7-0. Port of Dubuque: City Manager recommending approval of ordinance changes to stop signs, parking restrictions and motor truck routes in the Port of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. An Ordinance 8-05 Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (b) of Section 32-314 thereof to acknowledge the change in street name designations for stop signs at Fourth Street (now Ice Harbor Drive) and Sixth Street (now Fifth Street) and Adams Street and Fourth Street (now Ice Harbor Drive), presented and read. OFFICIAL PUBLICATION ORDINANCE NO.8-OS AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF TO ACKNOW- LEDGE THE CHANGE IN STREET NAME DESIGNATIONS FOR STOP SIGNS AT FOURTH STREET (NOW ICE HARBOR DRIVE) AND SIXTH STREET (NOW FIFTH STREET) AND ADAMS STREET AND FOURTH STREET (NOW ICE HARBOR 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 deleting Fourth Street and Sixth Street and Adams Street and Fourth Street from Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections." (b) * * * * * * EASTBOUND AND WESTBOUND Fourth Street and Sixth Street SOUTHBOUND Adams Street and Fourth Street Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Ice Harbor Drive and Fifth Street and Adams Street and Ice Harbor Drive to Subsection (b) of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections." (b) . * * * EASTBOUND Ice Harbor Drive and Fifth Street SOUTHBOUND Adams Street and Ice Harbor Drive Passed, approved and adopted this ih day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 70 Regular Session, March 7, 2005 Published officially in the Telegraph Herald newspaper this 11th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/11 An Ordinance Amending Section 32-163.1 prohibiting motor truck's registered for a gross weight limit exceeding ten thousand (10,000) pounds from traveling on designated streets to acknowledge the change in street name designation from Ice Harbor Road to Ice Harbor Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 9-05 AN ORDINANCE AMENDING SECTION 32- 163.1 PROHIBITING MOTOR TRUCKS REGISTERED FOR A GROSS WEIGHT LIMIT EXCEEDING TEN THOUSAND (10,000) POUNDS FROM TRAVELING ON DESIGNATED STREETS TO ACKNOWLEDGE THE CHANGE IN STREET NAME DESIGNATION FROM ICE HARBOR ROAD TO ICE HARBOR 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, is amended by deleting from Section 32-163.1 Motor Truck Routes Prohibited on Designated Streets the following: Ice Harbor Road, from First Street to the Third Street Overpass Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Section 32-163.1 Motor Truck Routes Prohibited on Designated Streets the following: Ice Harbor Drive, from First Street to the Third Street Overpass . Passed, approved and adopted this ih day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 11 th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/11 An Ordinance Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, providing for parking by deleting certain portions of Bell Street and Fifth Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 10-05 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR PARKING BY DELETING CERTAIN PORTIONS OF BELL STREET AND FIFTH STREET 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 deleting Bell Street and Fifth Street from Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof." (d) No-Parking-At-Any-Time Zones Designated * * . * .. * Fifth Street, both sides, from White Street to Adams Street Bell Street, both sides, from Sixth Street to its southerly terminus Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding Fifth Street and Bell Street to Subsection (d) of Section 32-262 thereof as follows: "Sec. 32-262. Prohibited on designated streets or portions thereof: (d) No-Parking-At-Any-Time Zones Designated * .. * * .. * Fifth Street, both sides, from White Street to Adams Street; north side, from Bell Street to and including the cul-de-sac to the east Bell Street, both sides, from its southerly terminus to a point two hundred fifty (250') north thereof Passed, approved and adopted this ih day of March,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 11 th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/11 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 to acknowledge the change in street name designation from Fourth Street to Ice Harbor Drive, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 11-05 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 TO ACKNOWLEDGE THE CHANGE IN STREET NAME DESIGNATION FROM FOURTH STREET TO ICE HARBOR 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, is amended by deleting Regular Session, March 7, 2005 71 from Subsection (d) of Section 32-262 the following: Adams Street, both sides, from Fourth Street to Fifth Street Fourth Street, both sides, from Third Street to Sixth Street Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Subsection (d) of Section 32-262 the following: Adams Street, both sides, from Ice Harbor Drive to Fifth Street Ice Harbor Drive, both sides, from First Street to Fifth Street Passed, approved and adopted this th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/11 Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinances. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Markham noted that Michael Gartner had praised City Manager Van Milligen's strong leadership. At 7:22 P.M. Buol moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)U) 2003 Code of Iowa. Seconded by Connors. Motion carried 7- O. At 7:35 P.M. Council reconvened Regular Session stating that 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 7:36 P.M. Isl Jeanne F. Schneider, CMC City Clerk 1 t 3/16 Approved ~1a_ ~ Adopted _ _ -.:'H.f b j; 2005 2005 Council Members ~: jJ . . llJ{fit~l r!l1-<~dJ? ~#~fl-J City Clerk/; -r- c-/ i.l't (.l-j 72 Special Session, Housing Governing Board, March 8, 2005 CITY GOVERNING BOARD OF THE MUNICIPAL HOUSING AGENCY OFFICIAL Governing Board of the Municipal Housing Agency, March 8, 2005 Board met at 6:15 P.M. in the Public Library Auditorium Present: Chairperson Duggan, Members Buol, Cline, Connors, Markham, Michalski, Nicholson, John Plein Chairperson Duggan read the call and stated this is a session of the Governing Board of the Municipal Housing Agency called for the purpose of discussing the FY 2006 Operating Budget for the Assisted Housing Programs of the Housing and Community Development Department. RESOLUTION NO. 88-05 APPROVING THE FISCAL YEAR 2006 OPERATING BUDGET FOR THE ASSISTED HOUSING PROGRAMS OF THE HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT Whereas, the US Department of Housing and Urban Development (HUD) has required that a governing board be constituted for purposes of approving certain actions of the municipal housing agency; and Whereas, the City Council has duly constituted the governing board of the municipal housing agency of the City of Dubuque by passage of Ordinance No. 5-02; and Whereas, passage of the operating budget for the Assisted Housing Programs of the Housing and Community Development Department is an action required of the governing board; and Whereas, the governing board has determined that approval of the operating budget is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The operating budget for the Assisted Housing Programs of the Housing and Community Development Department for Fiscal year 2006 is hereby approved. Passed, approved and adopted this 8th day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 8-0. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 8-0. The meeting adjourned at 6:23 P.M. Jeanne F. Schneider, CMC City Clerk 1 t 3/16 Approved: 0 U/I/li.. Adopted ~tL-~ I ~7 ~ 2005 2005 'J!.t Council Members -J..'I../' Special Session, March 8, 2005 73 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, March 8, 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 and Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of conducting a public hearing on the Fiscal Year 2006 budget and capital improvement program. Proofs of publication on notice of public hearing on Budget Estimate for Fiscal Year 2006 and Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 2005 through the Fiscal Year ending June 30, 2010, and City Manager's updated Fiscal Year 2006 budget transmittal memo, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Connors. Motion carried 7-0. Public input and discussion on departments in the following order: Human Rights - no comments; Finance - no comments; City Manager's Office - no comments; City Council - Geri Shaeffer, Peg Hudson, Ken Bichell, Ken Miller and Keith Bibelhausen spoke in support of funding for the arts; City Clerk's Office - no comments; Legal - no comments; Emergency Communications - no comments; Emergency Management - no comments; Fire Department - no comments; Police Department - no comments; Building Services Department - no comments; Water Department - no comments; Water Pollution Control Plant - no comments; Public Works Department - no comments; Engineering - no comments; Civic Center Division - no comments; Recreation Division - no comments, Park Division - no comments; Information Services Department no comments; Cable TV Division - no comments; Economic Development Department - no comments; Parking Division - no comments; Transit Division - no comments; Library Department - no comments; Housing and Community Development Department - no comments; Airport Department - no comments; Health Services Department - no comments; Planning Services Department - no comments; Purchase of Services - no comments; Capitol Improvement Program - no comments. At 6:48 P.M. Markham moved to close the public hearing and reinstate the rules limiting discussion to the Council. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 89-05 ADOPTING THE CITY OF DUBUQUE FISCAL YEAR 2006 ANNUAL BUDGET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2006, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year, as amended, is adopted. Section 2. The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 90-05 RESOLUTION APPROVING AN INCREASE IN THE RENTAL DWELLING LICENSE FEES Whereas, due to the requirement to meet a self-support target for the Housing Department code enforcement activity, an increase in the rental dwelling license fee has been proposed for the Fiscal Year 2006 operating budget. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the license fee for each rental unit in a rental dwelling be increased from $9.25 to $10.00 per unit. Section 2. That this increase become effective upon action taken by the City to adopt the FY 06 operating budget. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Carried by the following 74 Special Session, March 8, 2005 vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 91-05 ESTABLISHING EXCAVATION PERMIT FEE AND PAVEMENT REPLACEMENT COSTS FOR EXCAVATION WORK Whereas, due to increased costs of paving material, equipment, labor and administration has proposed establishing a minimum excavation permit fee and pavement replacement costs for contractor excavation work for the 2006 operating budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the pavement replacement cost performed by the City for contractor excavation work is established as $6.55 per square foot for asphalt, $8.55 for square foot for asphalt over concrete, and $8.00 per square foot for concrete. Section 2. Excavation charges are established as $.75 per square foot with a minimum excavation permit fee of $50. Section 3. The foregoing costs and fees shall take effect upon adoption of the Fiscal Year 2006 operating budget. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 92-05 ADOPTING THE CITY OF DUBUQUE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capital Improvement Program for the period beginning July 1, 2005, and ending June 30, 2010, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improvement Program describes specific capital improvement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2006 budget for the City of Dubuque; and Whereas, the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 2005, set out in the Fiscal Year 2006- 2010 Recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. City Manager recommending increased compensation for the Mayor and City Council as recommended by the City Council Compensation Task Force beginning January 1, 2006 ($1,877); funding of hanging flower baskets on the Riverwalk in the Port of Dubuque - purchase of hardware and equipment for installation of the hanging flower baskets ($13,690) and purchase of the hanging flower baskets and labor in Spring 2006 for maintenance of hanging flower baskets ($3,713); and recommending funding of ADA Symposium training for an Engineering Assistant II ($1,200), presented and read. Michalski moved that the communications be received and filed. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Communication from the Long Range Planning Advisory Commission in support of the additional Associate Planner position, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Carried by the following vote: Yeas- Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Communication from Paul R. Kohl, Associate Professor of Communication and Fine Arts - Loras College, urging the Council to approve the $235,000 in the budget for arts and culture, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Carried by the following vote: Yeas- Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Communication from the Long Range Planning Advisory Commission regarding their review of the Five Year Capital Improvement Program Budget, presented and read. Michalski moved Special Session, March 8, 2005 75 that the communication be received and filed. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 93-05 A RESOLUTION ADOPTING THE FISCAL YEAR 2006 (PROGRAM YEAR 2005) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2006 (Program Year 2005) Community Development Block Grant Annual Action Plan addressing both housing and non- housing needs in the community; and Whereas, copies of the draft Fiscal Year 2006 (Program Year 2005) CDBG Annual Plan have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Plan; and Whereas, the City Council has held a public hearing on the proposed plan on February 28, 2005 and approved the FY 2006 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Annual Action Plan, attached hereto as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the City Manager is hereby authorized and directed to prepare and to submit to the United States Department of Housing and Urban Development the Fiscal Year 2006 (Program Year 2005) Annual Action Plan for the use of Community Development Block Grant funds based on this adopted budget. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 94-05 ADOPTING THE FIVE-YEAR STREET CONSTRUCTION PROGRAM FOR FISCAL YEARS 2006-2010 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Years 2006- 2010 beginning July 1, 2005, and ending June 30, 2009, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five-Year Street Construction Program: 1) describes specific capital improvement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fiscallcalendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2006 budget; and Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five-Year Street Construction Program for Fiscal Years 2006- 2010 beginning July 1, 2005, set out in the Fiscal Years 2006-2010 recommended Capital Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources 'for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, Section 44-201 (a) Fixing water rates for residential, commercial, industrial and all other uses, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 12-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-20(a). FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-201 (a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-201. Residential, Commercial, Industrial and all other uses. (a) The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or cooperation within the City shall be based on units of one-hundred cubic feet (748 gallons) as follows: MONTHLY CONSUMPTION (In Hundreds of Cubic Feet) CHARGE PER HUNDRED CUBIC FEET 76 Special Session, March 8, 2005 $1.73 $1.41 $1.31 $1.16 $1.02 First 30 Next 120 Next 350 Next 500 Next 1,000 Rates shall be subject to the following minimum monthly charges according to the size of the meter: METER SIZE INCHES MONTHLY CONSUMPTION (HUNDREDS OF CUBIC FEET) MINIMUM CHARGE 5/8 2 $ 3.46 3/4 5 $ 8.65 1 8 $ 13.84 1 Y2 26 $ 44.98 2 46 $ 74.46 3 106 $159.06 4 168 $244.68 6 368 $506.68 8 625 $824.60 Section 2. This Ordinance shall take effect July 1, 2005. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending the City of Dubuque Code of Ordinances Section 44-202 Fixing water rates for fire sprinkler services, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 13-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-202 FIXING WATER RATES FOR FIRE SPRINKLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-202 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 44-202. Fire Sprinkler Service. (a) Customers who have fire sprinkler service shall be billed for this service on monthly basis. The monthly charge shall be as follows: NUMBER OF HEADS CURRENT MONTHLY CHARGES 200-300 $ 10.35 300-400 $ 12.42 400-600 $ 14.49 600-800 $ 18.62 800-1000 $ 20.70 1000-1200 $ 22.77 1200-1400 $ 24.82 1400-1600 $ 26.90 1600-1800 $ 28.97 1800-2000 $ 31.03 2000-2200 $ 33.11 2200-2400 $ 35.15 2400-2600 $ 37.24 2600-2800 $ 39.32 2800-3000 $ 41 .43 3000-3500 $ 43.44 Over 3,500 (for each additional 500 heads Or fractions thereof $ 2.08 Section 2. This Ordinance shall take effect July 1, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, Sections 44-83(a)(2) and 44-83(a)(3)g Establishing basic sewer rates for residential and commercial users by increasing the rates, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 14-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 44-83(a)(2) AND 44-83 (a)(3)g ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COM- MERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Special Session, March 8, 2005 77 Section 1. Section 44-83(a)(2) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 44-83(a)(2) Schedule of Rates: Rates per each one hundred (100) cubic feet... ..$1.81 Section 2. Section 44-83 (a)(3)g of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: METER SIZE MINIMUM ALLOWANCE (INCHES) CHARGE (CUBIC FEETI 5/8 $ 3.62 200 3/4 $ 9.05 500 1 or larger $14.48 800 Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance mending the City of Dubuque Code of Ordinances Section 40-34 Placement for containers for collection by adding a new paragraph (e) providing for a fee schedule established by the City Manager for the removal of solid waste, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 15-05 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-34 PLACE- MENT FOR CONTAINERS FOR COLLECTION BY ADDING A NEW PARAGRAPH (e) PROVIDING FOR A FEE SCHEDULE ESTABLISHED BY THE CITY MANAGER FOR THE REMOVAL OF SOLID WASTE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-34 (e) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-34 Placement of Containers for Collection: (a) Where collections are made from alleys, solid waste containers shall be placed in one location for each dwelling, in clear view and at the owner's property line abutting the alley and on the days designated in said schedule. (b) Where collections are made from the street, solid waste containers shall be placed in one location for each dwelling, in clear view and in the street right of way on the owner's property side of the curb and on the days designated in said schedule. Such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the owner. (c) No person shall place solid waste at the street for collection more than twenty-four (24) hours before the scheduled collection day. (d) All solid waste shall be placed at the designated collection location for city collection by six o'clock (6:00) A.M. on the scheduled collection day. (e) Any solid waste placed for collection but not collection but not collected because it is not in compliance with this section shall not be collected by the City and shall be removed by the owner within twenty-four hours after the scheduled collection day and stored in such a manner as not to create a health, safety or fire hazard. An owner who fails to remove such solid waste within such twenty-four (24) hour period shall, in addition to the penalty for such violation, be charged a fee for the removal of the solid waste based on a schedule established by the City Manager after written notice by the City Manager. Section 2. This ordinance shall take effect on the 4th day of April, 2005. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. 78 Special Session, March 8, 2005 An Ordinance Amending the City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), (c), (d) and (e) Establishing charges for the collection and disposal of solid waste materials, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 16-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARA- GRAPHS (a), (b), (e), (d) AND (e) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATERIALS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: Section 1. Section 40-37 (a), (b), (c), (d) and (e) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-37. Charges, Amounts, Exceptions 1 (a) Class1 Premises: Except as qualified below, a fee of eight dollars and seventy cents ($8.70) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as follows: (1) When a class I premise has been vacant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be established by the City Manager. Such credit shall continue only so long as the class I premises is vacant. (2) Class I premise when the head of the household is sixty five (65) years of age or older and has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for one-and two-person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager, may and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the City Manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship,. as the city manager may deem necessary. (4) Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section eight (8) housing program" for the size of that household may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (b) Class II Premises: A fee of eight dollars and seventy cents ($8.70) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35- gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. ' The owner of a class II premises services by the city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (c) Class III Premises. A fee of eight dollars and seventy cents ($8.70) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected containing acceptable "recyclable materials" as defined. The owner of a Class III premises service by city solid waste collection may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. (d) Class I, II or III Premises: Collection options and charges under unit based pricing for class I, class II and III premises are as follows: (1) A yearly subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars ($5.00) each per month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. (2) A three (3) month subscription for weekly collection of an additional standard solid waste container, or containers, may be subscribed for an additional five dollars ($5.00) each per month. The four (4) subscription periods are July, August and September, October, Special Session, March 8, 2005 79 November and December, January, February and March; and, April, May and June. A subscription may not be canceled. (3) Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be subscribed as the one container covered under the base monthly solid waste fee for an additional two dollars ($2.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. (4) A yearly subscription for weekly collection of an additional oversized solid waste container, or containers, may be subscribed for an additional seven dollars ($7.00) each month. The subscription ends each year on June 30. A subscription may not be canceled before June 30. (5) A three (3) month subscription for weekly collection of an additional oversize solid waste container, or containers, may be subscribed for an additional seven dollars ($7.00) each per month. The four (4) subscription periods are July, August and September, October, November and December, January, February and March; and, April, May and June. A subscription may not be canceled. (6) Solid waste carts, owned by the city for semi-automated lifting, may be subscribed by owners andlor property managers of class I, II and III premises. The customer shall choose the number and size of the cart. The fee for a sixty- five (65) gallon city cart shall be eighteen dollars and fifty cents (18.50) each per month. The fee for a ninety five (95) gallon city cart shall be twenty seven ($27.00) each per month. (7) Official city of Dubuque single use stickers costing one dollar and twenty cents ($1.20) shall be applied to each additional standard solid waste container or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). (8) Multiple-family dwellings of three (3), four (4), five (5), and, six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with permanent identification as to the specific premises. However, for the two (2) weeks following Christmas excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. (3) Special collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit receiving such service when requested by the owner shall be as follows: (1) A fee of six dollars ($6.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. (2) An additional fee of four dollars ($4.00) shall be paid for each additional three (3) cubic yards of solid waste. (3) An additional fee for tires, equal to the disposal fees charged at the Dubuque Metro landfill, shall be paid to the city by the owner for each tire. (4) An additional fee of twelve dollars and fifty cents ($12.50) shall be paid to the city by the owner for each appliance collected in the service. (5) An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection requested by the owner to be scheduled for service on a day not receiving weekly collection at the service address. Section 2.. This ordinance shall take effect on the 151 day of July, 2005. . Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance No. 17-05 Amending the City of Dubuque Code of Ordinances Section 40-39 paragraph (d) Establishing charges for the collection and disposal of yard waste materials, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 17-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-39 PARAGRAPH (d) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF YARD WASTE MATERIALS NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-39 (d) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 80 Special Session, March 8, 2005 Sec. 40-39 Yard Waste (a) Yard waste shall be separated by the owner of a premises from all other solid waste. (b) An owner may compost such person's own yard waste on such person's own premises provided the same is stored in such a manner as to not create a fire, health or safety hazard. (c) Yard waste that has not been composed by the owner of the premises shall be collected by the city not more than once each week according to the collection schedule established by the city manager from April through November each year. Christmas trees shall be collected separately from all other solid waste once each week for two (2) weeks after the Christmas holiday according to the provisions of this chapter. (d) Yard waste collected by the city shall be placed in degradable paper bags with an affixed single use tag or in permanent waste containers with an affixed single use tag or in permanent waste containers with an affixed annual yard waste permit or be contained by tying devices approved by the city manager. The charges for collection and disposal of .yard waste" as defined shall be as follows: (1) The fee for tying devices approved by the city manager shall be one dollar and 20 cents ($1.20) each. (2) The fee paid to the city by a property owner for an annual yard waste permit for a permanent waste container shall be twenty six dollars ($26.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year, and again by one-half (1/2) on September 1 of each year. A permit shall only be used by the property owner who purchased it. (3) The fee for single use tags shall be one dollar and twenty cents ($1.20) each. (e) No person shall deposit any yard waste in any public right of way (Ord. 54-93 ss: 1, 9-20- 1993; Ord. 16-95, ss1, 3-8-1995; Ord. 16-96 ss1, 3-18-1996; Ord. 14-02 ss 3,3-5-2002) Section 2. This ordinance shall take effect on the 1st day of July, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending Section 32-314 of the City of Dubuque Code of Ordinances - Meters - time and fee schedule for specific lots, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 18-05 AMENDING SECTION 32-314 OF THE CITY OF DUBUQUE CODE OF ORDINANCES METERS - TIME AND FEE SCHEDULE FOR SPECIFIC LOTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 32-314 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-314. Meters'- Time And Fee Schedule For Specific Lots: Parking meters on municipally owned parking lots, when installed and properly operated, shall show legal parking upon and after the deposit of United States coins, and in the nonmetered parking lots, parking spaces shall be reserved in accordance with the following schedules: (1) On parking lots no. 1, 2, 3, 5, 6, 7 and 10 the amount of fee shall be displayed on each parking meter and shall indicate the period of time allowed for the particular United States coin deposit after meter has been placed in operation. The maximum parking time allowed shall be indicated on the parking meter assigned to the meter space to which it applies. (2) On parking lot no. 3, reserved parking for each space for the sixteen (16) parking spaces for which parking meters have not been installed shall be rented through lease and agreement approved by city council. (3) On parking lot no. 5, reserved parking for each space for which a parking meter has not been installed shall be reserved by the city for assignment by the city manager for purposes of carrying out the business of city government. (4) On parking lot no. 10, reserved parking for nonmetered 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 thirty-seven dollars ($37.00), payable each month. (5) On parking lot no. 12, reserved parking for nonmetered 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. (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 a lease agreement Special Session, March 8, 2005 81 approved by city council. Reserved parking for nonmetered 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-seven dollars ($27.00), payable each month. (7) On parking lot no. 1, reserved parking for each space for the thirty (30) parking spaces for which parking meters have not been installed shall be rented through a lease agreement approved by city council. Reserved parking for nonmetered 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-seven dollars ($27.00), payable each month. Notice of such restrictions, as provided for in this section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle if said vehicle is parked in violation of this section shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the city treasurer as a penalty for such violation the sum of five dollars ($5.00). Section 2. This ordinance shall take effect July 1, 2005. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending City of Dubuque Code of Ordinances Section 44-274(d) SFU rate, charges, utility revenues for the storm water utility, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 19-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 44-274(d) SFU RATE, CHARGES; UTILITY REVENUES FOR THE STORM WATER UTILITY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That City of Dubuque Code of Ordinances Section 44-274(d) is amended to read as follows: (d) The SFU rate to be applied to residential and nonresidential properties shall be as follows: (1) For the period July 1, 2003 through June 30,2005 the SFU rate shall be $1.29 per SFU; (2) For the period July 1, 2005 through June 30,2006 shall be $1.79 per SFU; (3) For the period July 1, 2006 through June 30,2007 the SFU rate shall be $2.00 per SFU; (4) For the period July 1, 2007 through June 30,2008 the SFU rate shall be $2.25 per SFU; (5) For the period July 1, 2008 through June 30,2009 the SFU rate shall be $2.50 per SFU; (6) For the period July 1, 2009 through June 30,2010 the SFU rate shall be $2.75 per SFU; (7) For the period July 1, 2010 through June 30, 2011 the SFU rate shall be $3.00 per SFU; (8) For the period July 1, 2011 through June 30, 2012 the SFU rate shall be $3.25 per SFU; (9) For the period July 1, 2012 through June 30, 2033 the SFU rate shall be $3.50 per SFU. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. An Ordinance Amending the City of Dubuque Code of Ordinances Section 2-21 Establishing the compensation of the Mayor and Council Members presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 20-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 2-21 ESTABLISHING THE COMPENSATION OF THE MAYOR AND COUNCIL MEMBERS NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 82 Special Session, March 8, 2005 Section 1. Sec. 2-21 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 2-21. Compensation. (c) Effective January 1, 2006, the compensation for the Mayor shall be eleven thousand five hundred dollars ($11,500) per annum, and the compensation for Council Members shall be eight thousand five hundred dollars ($8,500) per annum. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 8th day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/15 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays- Duggan. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. There being no further business, Markham moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 6:51 P.M. Jeanne F. Schneider, CMC City Clerk 1 t 3/16 Approved c;:~ ~ Adopted ~ ' 2005 2005 Att s'. ~ G/fjUil. l1 ity Clerk Council Members Regular Session, March 21, 2005 83 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 21,2005 Council met in Regular Session at 6:30 P.m. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl 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 Father Dwayne Thoman, Spiritual Director of Wahlert High School. Proclamation: Community Development Week (March 25 - April 3, 2005) received by Sr. Paula Maloy. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 2/28; City Council of 2/23, 3/7, 3/8; Civil Service Commission of 12/14; Electrical Code Board of 2/21; Human Rights Commission of 2/14; Zoning Advisory Commission of 3/2; Zoning Board of Adjustment of 2/24, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of Council Proceedings of February 7, 21, 22, 24 and 28, 2005 and March 2, 2005, and List of Claims and Summary of Revenues for month ending January 31, 2005 and February 28, 2005 (on file in the City Clerk's Office), presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed City Council Proceedings for January, 2005, presented and read. Buol moved that the printed proceedings be received and filed and approved as printed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: HAB Carriers, Inc. for vehicle damage, presented and read. Buol moved that the communication be received and filed and referred to Legal for investigation. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising that the following claims has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: HAB Carriers, Inc., presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Citizen Communication: Communication from Roy Hansen, Principal of Table Mound Elementary School, regarding a pedestrian safety issue on Rockdale Road, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Chestnut Street Reconstruction Project: City Manager recommending approval of the final schedule of assessments for the Chestnut Street Reconstruction Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 95-05 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CHESTNUT STREET RECONSTRUCTION PROJECT INCLUDING CERTAIN INFOR- MATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the accompanying final schedule of assessments to be made for the construction of the Chestnut Street Reconstruction Project under contract with WC Stewart Construction Co. of Dubuque, Iowa, for which the final schedule of assessments were filed in the office of the City Clerk on March 17th, 2005, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in 84 Regular Session, March 21, 2005 proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CHESTNUT STREET (HIGHLAND TO COX STREET) FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER LOT DESCRIPTION PARCEL NO. WATER SERVICE ASSESS. SEWER LATERAL ASSESS. TOTAL ASSISTANCE FINAL NET ASSESSMENT Alt, Cynthia L. Lots 1, 2 & 3 of PT of 823 & 824 A. McDaniel's Sub 10 24 381 004 $7,716.49 Alt, L. Peter & Cynthia Lindle Lot 5 H M Kingman Sub 1024381 014 $329.03 Alt, L. Peter & Cynthia Lindle Lot 6 H M Kingman Sub 1024381 015 $164.38 American Housing Trust Bissells Dubuque 5 1024354012 $804.55 Apel, Patrick D. Bissells Dubuque 1 10 24 354 008 City Financial Assistance: $265.37; Total Net Assessment: $563.90 Apel, Patrick s D. Bissells Dubuque 2 1024 354 009 $804.55 Banwarth, Harold A. & Virginia E 6'9-3 and Lot 4 Cummins Sub 1024355005 $1,208.35 Beck, John J. Lot 1 Cummins Sub 1024 355001 $1,027.59 Bonifazi, Arthur W. et al N % -14 & Lot 15 Bissells Dubuque 10 24 354 016 $41.82 Bradford, Pamela K. & Mueller, Donald P. Lot 784 & 2-786 AMcDaniel's Sub 1024378022 Sewer: $877.78 Total Assessment: $3,596.00 Breitbach, Robert L. & Catherine R. Lots 778 & 779 A McDaniel's Sub 1024380001 Water: $834.90; Total Assessment: $7,043.81 Financial Assistance: $7,043.81 Assessment Due: $0.00 Ciapalo, Roman P & Nancy B. Lot 830 A McDaniel's Sub 10 24 382 001 Water $628.92, Sewer: $1,518.96, Total Assessment: $5,631.47 Cingilli, Mustafa & Mesude, E 45' - S % 796 A. McDaniel's Sub 10 24 378 010 Water: $899.37; Sewer: $1,460.67 Total Assessment: $3,391.05 City of Dubuque Total Assessment $1507.58 Cline, Ryan M. N % Lot 7 Cummins Sub 1024 355008 $1,037.05 Combs, John E. & Nettie I. Lot 3 Bissells Dub 1024354010 $ 922.91 Combs, John E. & Nettie I. Bissells Dubuque 4 10 24 354 011 $922.91 Connolly, John M. & Judy M. Bissells Dub Lot 13 Bissells Dub S % 10 24 354 017 Financial Assessment: $329.55; Total Assessment Due: $0.00 Connolly, Patrick W. & Janaan L. W % Lot 2 Cummins Sub. 10 24 355 002 $513.92 Data, Cory L. Lot 5 Cummins Sub 1024355 006 $1,068.83 Davis, Steven Alan A McDaniel's Sub Lots 794 &795 1024378011 Water$870.13 Total Assessment: $3,150.44 Demello-Makovec Partnership Lots 2 & 3 A McDaniel's Sub. 1024381 007 Water $621.61 Total Assessment: $2,495.83 Field, James Jr. & Rosalyn W. 45' Lot 3 Cummins Sub. 10 24 355 004 City Financial Aid: $732.84; Net Assessment: $160.87 Freedom Properties LLC Lot 4 M A McDaniel's Sub. 1024381 006 Water $885.50; Total Assessment $1,786.58 Haugen, Bruce P. & Linda J. N % of Lot 829 A McDaniel's Sub 1024382002 $647.80 Haugen, Bruce P. & Linda J. S % of Lot 829 A McDaniels Sub. 10 24 382 003 $405.56 Hess, Owen C. & Susan K. Lot 1-788 A McDaniel's Sub. 1024378017 $574.94 Hess, Owen C. & Susan K. Lot 2-788 in A McDaniel's Sub. 10 24 378 018 Water $870.13; Sewer $877.78; $2,393.07 Hess, Richard J & Nancy M Bissells Dubuque Lot 10 10 24 354 019 $602.82 Regular Session, March 21, 2005 85 Huseman, (Driscoll) Sherry L. E Y:z Lot 2 Cummins Sub. 10 24 355 003 Financial Assistance: $205.57 Total Assessment: $308.35 Johnson, Robert (Also listed as: Gorton, James G.) Lot 780 & 781 A McDaniel's Sub. 1024 376006 Total Financial Aid: $2,111.03; Total Net Assessment: $4,097.88 Jurisic, Sara L. Lot 4 H. M Kingman Sub. 10 24381 003 Water: $592.38; Sewer: $1,606.39; Total Assessment: $3,119.31 Lampe, Lynn Lot 1 M A McDaniel's Sub. 1024381 008 $937.25 Lyons, Jymie M. W 43.5' Lot 1 H M Kingman Sub 1024381001 Sewer: $195.79; Total Assessment $1,563.45 Moore, Kenneth John A McDaniel's Sub W 45' S Y:z Lot 797 1024378008 $1,026.27 Moore, Kenneth John A McDaniels Sub W 15' S Y:z Lot 796 10 24 378 009 Water: $884.75 Total Assessment $1,596.30 O'Donnell, Joseph L & Kelly K. Lot 2 W 14'3 of 786 & all of 787 A McDaniel's Sub. 1024378 019 Sewer: $936.07; Total Assessment: $1,706.69 O'Donnell, Joseph L. & Kelly K. Lot 1 W 14'3 of 786 & all of Lot 787 A.McDaniel's Sub. 10 24 378 020 Sewer: $644.62; Total Assessment: $1,351.07 Peterson, Charles E. E 8 Y:z Lots 1 & 2 H M, Kingman Sub. 10 24 381 002 Water: $599.69 Sewer: $1,227.51; City Financial Aid: $2,582.88; Total Net Assessment: $164.86 Richardson, John F. & Shihata, Miriam A., Lot 828 A McDaniel's Sub. 10 24 382 004 $362.96 Cousins Properties, LLC Lot 5 Blk 1 Hamblin Sub 1024353037 $595.72 Schiesl, John R & Mary Ann Lot 5 M A McDaniels Sub 1024381 005 Water: $607.00 Total Assessment: $1,508.08 Schubert, Kelli A. Lot 6 & Lot 7 Bissells Dubuque 10 24 354 013 $1,608.84 Sheets, Jeffrey T. & Carol L. Lot 2 of 7692 & Lot 2 of 793 A McDaniel's Sub. 10 24 378 012 $2,439.96 Sheldon, Thomas L. & Jana R. S 87'6 of Lot 1 of E 50'of Lot 789 A McDaniel's Sub. 1024 378015 Water: $672.78; Sewer: $382.31; Total Assessment $1,597.69 Steffen, Daniel T & Tammy L. Lot 11 & 12 Bissells Dubuque 1024354018 City Financial Aid: $320.87 Total Net Assessment: $481.31 Weiner, James F. & Patricia A. Lot 6 Cummins Sub. 10 24 355 007 City Financial Aid $369.93; Total Net Assessment: $657.66 Whalen, MD, John E. & Norby, Anthony A McDaniel's Sub S 92'6 of Lot 791 10 24 378 013 Sewer: $819.49; Total Assessment $2,177.42 Whalen, MD, John E. & Norby, Anthony, A McDaniel's Sub. 87' ofW 3'6 789 1024378014 $1,413.16 White, Ronald R. Lots 8 & 9 Bissells Dubuque 10 24 354 020 $2,860.25 Yunk, Gail A. Lot 2 E 50' 789 A. McDaniel's Sub 1024378016 Water: $672.78; Sewer: $382.32; Total Assessment $1,682.64 TOTALS: WATER ASSESSMENTS: $ 9,639.94; SEWER LATERAL ASSESSMENTS: $10,929.70; CITY FINANCIAL AID: $13,961.85 TOTAL ASSESSMENTS: $90,689.29 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Community Services Block Grant (CSBG) Fund: Communication to Congressman Jim Nussle urging support for the continued funding of the Community Services Block Grant (CSBG) Fund, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources submitting the Water Compliance Inspection Report for the Dubuque Regional Airport, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. City Manager providing information on the Iowa Department of Natural Resources Water Compliance Inspection Report for the Dubuque Regional Airport, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Dalsing Place No. 3 - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lot 1 through 3 of Dalsing Place NO.3 in Dubuque County, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 96-05 RESOLUTION APPROVING THE FINAL PLAT LOTS 1 THRU 3 OF DALSING PLACE. NO.3 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Lots 1 thru 3 of Dalsing Place. NO.3 in Dubuque County, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval endorsed there; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. 86 Regular Session, March 21, 2005 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 3. That the Final Plat Lots 1 thru 3 of Dalsing Place No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat of survey. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City of Dubuque Dental Plan: City Manager recommending acceptance of the renewal rate for the City's voluntary dental plan, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. State Legislative Correspondence: City Manager communication to State Legislators encouraging their support for SSB 1214 - Food Inspection Cost Reimbursements, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State Legislators urging their opposition to a proposal to reclassify apartments from commercial to residential, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State Legislators urging their support for SSB 1095 and HSB 53, which allow the award and transfer to State Enterprise Zone tax credits for housing development, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State Legislators encouraging their opposition to HSB 19 regarding statewide referendum requirements, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State Representative Pam Jochum urging opposition to HSB 59 - Open Meetings Law, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State Legislators urging opposition to SSB 1174 which would require any new or renovated playground on public property to be inspected by the State Health Department, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State Legislators encouraging support of efforts to raise the funding for the Iowa Historic Preservation Tax Credit from $2.4 million to $20 million per year, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State legislators urging a no vote to HSB 205 regarding the taxation of facilities operated by a city as a cable communication system, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. City Manager communication to State legislators asking that they vote no to legislation that would prevent a city from establishing and operating a municipal communications utility, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. Federal Legislative Correspondence: Communication to congressional legislators regarding the elimination of federal funding (JAG and Bryne Grant), presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. Communication to Senator Tom Harkin and Senator Charles Grassley requesting their support for the Federal Transportation Bill which includes $25 million in earmark funding for the Julien Dubuque Bridge and $19 million for the Southwest Arterial (IA 32), presented and read. Buol moved that the communication be received Regular Session, March 21, 2005 87 and filed and approved. Seconded by Nicholson. Motion carried 7-0. Communication to Congressman Jim Nussle thanking him for his efforts to include $25 million in earmark funding for the Julien Dubuque Bridge and $19 million for the Southwest Arterial (IA 32) in the Federal Transportation Bill, presented and read. Buol moved that the communication be received and filed and approved. Seconded by Nicholson. Motion carried 7-0. Dubuque Casino Hotel Lease Amendment: City Manager recommending approval of an amendment to the lease agreement with Dubuque Casino Hotel, presented and read. Buol moved that the communication be received and filed and approved amendment. Seconded by Nicholson. Motion carried 7-0. Housing Trust Fund Application: City Manager recommending approval of an application by the Housing Trust Fund to the Iowa Finance Authority for a Local Housing Trust Fund Grant of $200,000 to support the City's Washington Street Neighborhood Initiative, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. University Avenue Extension Project Property Acquisition: City Manager recommending approval of an additional amount of $5,800 to acquire the James Newman property for the University Avenue Extension Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Stealth Race Cars - Offer to Purchase: City Manager recommending approval of an offer to purchase for the Stealth Race Car property and a six month lease to TerrylLinda Weidemann for the property, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0 with Mayor Duggan abstaining. Acquisition of Elm Real Estate L.C.: City Manager recommending approval of the acceptance of the deed to the Elm Real Estate, L.C. <Iowa Glass) property for the University Avenue Extension Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 97-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ELM REAL ESTATE, L.C. Whereas, the City of Dubuque entered into an Agreement with Elm Real Estate, L.C. for the purchase of the real property in Dubuque County, Iowa, described as follows: That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the southeasterly corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision 'of part of Lot 1 of the Subdivision of Mineral Lot 248; thence South 82001'41" West along the south line of said Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway No. 20 a distance of 207.25 feet; thence North 04047'57" West, 48.63 feet; thence North 83055'09" West, 87.59 feet; thence North 68055'15" West, 29.72 feet; thence North 20040'29" East, 48.00 feet; thence North 43038'03" East, 30.86 feet; thence South 83055'09" East, 69.77 feet; thence North 05005'28" West, 144.00 feet to the beginning of a 40.00 foot radius tangent curve concave southwesterly with a central angle of 102045'27"; thence Northwesterly, 71.74 feet along said curve with a chord bearing North 56028' 11" West, 62.50 feet; thence South 72009'05" West, 64.24 feet to the presently established southeasterly right-of-way line of existing University Avenue and the northerly line of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248; thence North 59012'28" East along said southeasterly right-of-way line and said northerly lot line 68.57 feet to the northerly corner of said Lot 1; thence North 58048'36" East, 26.84 feet along said southeasterly right- of-way line and the northerly line of Lot 2 of Newman Place to the beginning of a 606.08 foot radius tangent curve concave northwesterly with a central angle of 12030'58"; thence Northeasterly, 132.40 feet along said curve and said southeasterly right-of-way line with a chord bearing North 52033'07" East,132.13 feet to the westerly corner of Lot 1 of Newman Place; thence South 38017'36" East along the southwesterly line of said Lot 1 a distance of 27.60 feet; thence South 51015'23" West along said southwesterly line 12.00 feet; thence South 38044'37" East along said southwesterly line 88 Regular Session, March 21, 2005 49.60 feet to the southerly corner of said Lot 1; thence North 51015'23" East along the southeasterly line of said Lot 1 a distance of 84.89 feet to the easterly corner of said Lot 1; thence North 38053'12" West along the northeasterly line of said Lot 1 a distance of 35.36 feet; thence North 54001'05" West along said northeasterly line 49.27 feet to the northerly corner of said Lot 1 and said presently established southeasterly right-of-way line of existing University Avenue; thence North 71022'34" East along said southeasterly right-of- way line and the northerly line of Lot 2 of said Newman Place 28.96 feet; thence South 8r3T02" East along said northerly line 141.44 feet to the northeast corner of said Lot 2; thence South 01035'57" East along the east line of said Lot 2 a distance of 80.90 feet; thence South 32028'34" West along said east line 67.74 feet; thence South 06026'09" West along said east line 165.78 feet; thence South 33033'51" East along said east line 4.80 feet; thence South 01054'09" West along said east line 1 0.43 feet to the southerly corner of said Lot 2 and the northeast corner of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248; thence South 02044'37" West along the east line of said Lot 2 a distance of 115.23 feet to the Point of Beginning containing 106,520 square feet more or less. NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248 is assumed to bear South 82001'41" West. AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Elm Real Estate, L.C. a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Business License Refund: Request of Ibrico, Inc., dlbla Fat Tuesdays, requesting a refund of their cigarette license in the amount of $25.00, presented and read. Buol moved that the communication be received and filed and approved refund. Seconded by Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 98-05 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. NEW Iowa Potato & Produce House Tobacco World 3341 Hillcrest Rd Passed, approved and adopted this 21st day of March, 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. 99-05 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 applicants a Beer Permit. CLASS "C" BEER PERMIT Iowa Potato & Produce House Tobacco World+(Sunday Sale) 3341 Hillcrest Rd Passed, approved and adopted this 21st day of March, 2005. 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.1 00-05 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: Regular Session, March 21, 2005 89 That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LlQUOR LICENSE Yardarm, Inc Yardarm Rest./Bar+ (Sunday/Outdoor Sale) 1201 Shiras Ext. Mary Lou Kamp Noonan's Tap+ ( Sunday Sale) 1618 Garfield Av Marco's, Inc Marco's Italian American Food 2022 Central Av City of Dubuque Bunker Hill Golf Course+ (SundaylOutdoor Sale) 2200 Bunker Hill Heim Enterprises, Inc. Hudson's Classic Grill+ (Sunday Sale) 2345 NW Arterial Neighbor's Inc Neighbor's Tap 1899 Rockdale Jamis, LLC Ground Round+ (Sunday Sale) 50 JFK Rd. Davey Robertsons Public Bar Busted Lift+ (SundaylOutdoor Sale) 180 Main St Salsa's Inc Salsa's Mexican Restr+ (Sunday Sale) 1091 Main St Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Fiber Optic Conduit System - Phase I Project: City Manager recommending initiation of the public bidding process for the Fiber Optic Conduit System - Phase I Project and that a public hearing be set for April 18, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO.1 01-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Fiber Optic Conduit System Project - Phase 1, in the estimated amount of $292,056.24 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of March,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO.1 02-05 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 Fiber Optic Conduit System Project - Phase 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Hearing will be held on the 18th day of April, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 21st day of March,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO.1 03-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Fiber Optic Conduit System Project - Phase 1 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 7th day of April, 2005. 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 18th day of April, 2005. Passed, adopted and approved this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 90 Regular Session, March 21, 2005 Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Five Flags Bleacher Replacement Project: City Manager recommending initiation of the public bidding process for the Five Flags Bleacher Replacement Project and that a public hearing be set for May 2, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 104-05 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 Bleacher Replacement Project, in the estimated amount of $516,628, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 105-05 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 Bleacher Replacement Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 2nd day of May, 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 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO.1 06-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags Bleacher 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, lowa,'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 21st day of April, 2005. 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 2nd day of May, 2005. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Five Flags Renovation Project: City Manager recommending initiation of the public bidding process for the Five Flags Renovation Project and that a public hearing be set for May 2, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 107-05 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 Center Renovation Project, in the estimated amount of $1 ,523,026, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Regular Session, March 21, 2005 91 RESOLUTION NO.1 08-05 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 Center Renovation Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 2nd day of May, 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 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO.1 09-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags Center 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 forty-five days prior to the receipt of said bids at 2:00 p.m. on the 21st day of April, 2005. 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 2nd day of May, 2005. Passed, approved and adopted this 21 st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Appointment to the following Board: Zoning Board of Adjustment (One 5-year term through 3/25/10 - Term of Ruden) Applicant: Michael A. Ruden. Michalski moved that Michael A. Ruden be reappointed to a five year term on the Zoning Board of Adjustment which will expire 3/25/10. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to address the Council. Seconded by Nicholson. Motion carried 7-0. 440 Loras' Boulevard - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 440 Loras Boulevard from R-4 Multi-Family Residential District to OR Office Residential District as requested by Angela Koppes and Zoning Advisory Commission recommending approval, presented and read, Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Angela Koppes spoke clarifying the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 440 Loras Boulevard from R-4 Multi-Family Residential District to OR Office Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 21-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 440 LORAS BOULEVARD FROM R-4 MULTI-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordnance) of the city of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-4 Multi-Family Residential District to Or Office Residential District; to wit: Lot 4 A.L. Browns Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. 92 Regular Session, March 21, 2005 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/28 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Mayor Duggan turned control of the meeting over to the Mayor Pro-Tem due to possible conflict of interest. Wayne BriggslPlatinum ServiceslHighway 151/61 Development LLC - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 701 East 16th Street from HI Heavy Industrial District to PUD Planned Unit Development District as requested by Wayne Briggs, Platinum ServiceslHighway 151/61 Development LLC and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Communication from Thomas L. Flynn, Flynn Ready-Mix Concrete, expressing conditional support for changing the zoning classification for the property at 701 East 16th Street, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Attorney Brian Kane spoke clarifying specifics of the proposed development. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along East 16th Street from HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial Designation and adopting a Conceptual Development Plan with Conditions for River View Plaza, presented and read. \ OFFICIAL PUBLICATION ORDINANCE NO. 22-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED ALONG EAST 16TH STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS FOR RIVER VIEW PLAZA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby ~mended by reclassifying the hereinafter-described property from HI Heavy Industrial District to PUD Planned Unit Development with PC Planned Commercial District designation as shown in exhibit A, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions, for River View Plaza. Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express condition of this zoning reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions 1. Building-related features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: a. The primary building b. All accessory or secondary buildings c.AII exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment 2. Vehicle-related features: Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes Regular Session, March 21, 2005 93 3. Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c. Surface storm water detention areas not otherwise used for building-related or vehicle- related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. B. Use Regulations The following regulations shall apply to all land uses in the above-described PUD District: 1. Principal permitted uses shall be limited to: a. Regional shopping center b. Retail saleslservice [17] c. Supermarket [17] d. Indoor restaurant [20] e. Drive-in/carry-out restaurant [28[ f. Gas station [18] g. General offices [14] h. Indoor recreation [37] i. Outdoor recreation [37] j. Auto saleslservice [38] k. Auto service centers [34] I. Automated gas station [18] m. Self-service carwash [8] n. Full-service carwash [8] [ ] Parking group - See section 4-2 of the Zoning Ordinance. 2. Conditional uses reserved for future use. 3. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section2- 5.3 and as defined in Section 8 of the Zoning Ordinance. C. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1. All building related features of the retail center shall be located in substantial conformance with the attached conceptual plan. All final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2. All out lot building-related features shall be in accordance with the following bulk regulations. a. Maximum lot coverage shall be limited to 90 percent of total lot area. All building and vehicle-related features shall be considered when calculating total land area coverage. b. Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 40 feet limitation subject to the provisions of adequate screening. c. Setbacks for out lot buildings shall be 20 feet from 16th Street and 10 feet from all internal access drives. Parking lots fronting on 16th Street shall be set back 12 feet from the right-of- way and eight (8) feet from internal drives measured from edge of paving. D. Parking Regulations 1. All vehicle-related features shall be surfaced with either hot-mix asphalt or Portland cement concrete. 2. Curbing and proper surface drainage of storm water shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development of the lot. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Requirements 1. Plant Materials: The open space areas of the retail center and out lots shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each out lot: a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. For every one (1) acre of lot size, three (3) trees shall be required with a minimum of eight (8) trees. Each required tree shall be at least 1 % - 2" caliper diameter, deciduous andlor six foot high evergreen at planting. 2. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screening of 35% opacity and three feet in height within three years of planting. 94 Regular Session, March 21, 2005 3. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. The required landscaping shall be installed within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first. 4. The owner shall replant any and all plant materials, which have died due to any cause during the effective period of this PUD Ordinance. F) Sign Regulations 1. The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2. Wall-mounted Signs: a. Retail Center Tenants 1. Total aggregate square footage of wall- mounted signs is based on 15 percent of the front building wall area. Corner spaces shall be allowed additional aggregate square footage based on five (5) percent of the side building. 2. Number of signs: maximum four (4) per store. 3. Below eave or parapet. b. Out lots: 1. Total allowed square footage: 250 square foot. 2. Number of signs: maximum four (4) per building. 3. Below eave or parapet. 3. Freestanding Signs: a. Retail CenterlTenant Identification Signs: 1. Total allowed square footage: 300 square feet 2. Maximum number: 2 3. Maximum height: 35 feet b. Out Lots: 1. Total allowed square footage: 100 square feet 2. Maximum number: 1 3. Maximum height: 25 feet 4. Directional Signs: a. Retail CenterlOut lot: 1. Maximum size: 6 square feet 2. Maximum number: unlimited 3. Maximum height: 10 feet 5. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 6. Lighting: Signs may be illuminated only by means of indirect lighting whereby all lighting sources and devices are shielded from view by opaque or translucent materials or internally illuminated by means of a light source completely enclosed by the sign panel. 7. Motion: No signs may include any device or means, mechanical, electrical, or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G. Performance Standards The development and maintenance of uses in this PUD district shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Off-site Improvements: Highway 151 & 61 Development, LLC shall be responsible for the design, construction and costs associated with the following off-site improvements: a. That all recommended traffic improvements to intersections and streets included in the approved traffic study shall be incorporated into project and shall be the financial responsibility of Highway 151 & 61 Development, LLC. The following improvements are included: 1. Signal and lane improvements to 16th and Elm Streets. . 2. Signal installation and lane Improvements to 16th & Sycamore Streets. 3. Removal of old signals at 16th and Sycamore Streets. 4. Signal and lane improvements to 16th Street and Kerper Boulevard. 5. Reconfiguration of 16th Street to three lanes providing one through lane in each direction and a center turn lane. 6. Platting and dedicating and necessary right-of-way needed for said improvements including an area for a sidewalk (minimum 11.5 feet from back of proposed curb). b. That future development of property west of the proposed development is subject to the following conditions: 1. The Bee Branch Creek Restoration Project consists of the construction of an above ground open waterway. If Highway 151 & 61 Development, LLC desires an underground storm water drainage system through their property, the developer shall be required to provide any additional space necessary to direct storm water flow underground, and the developer shall pay any costs associated with directing storm water underground above and beyond the cost to construct the storm water facility as an above ground open waterway. 2. All storm sewer, sanitary sewer and water mains which need to be relocated, reconstructed or abandoned for the development shall be engineered and installed by Highway 151 & 61 Development, LLC. c.lnstallation of sidewalks along 16th Street right-of-way. d. All off-site public improvements are subject to applicable City of Dubuque and Iowa Department of Transportation review procedures, standards, regulations and construction practices. 2. Site Lighting: Regular Session, March 21, 2005 95 a. Exterior illumination of the site features shall be limited to the illumination of the following: 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. 2. All exterior lighting luminaries shall be designed and installed to shield lighting from the luminaries at angles above 72 degrees from vertical. 3. A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking-related features. 4. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 5. Wooden utility-type poles are acceptable only for temporary use during construction. 6. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 3. Utility Locations a. Service Lines: All electrical telephone, cable or other similar utility lines serving the building and other site features shall be located underground. b. Mechanical Equipment: All electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, including roof-mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls or paintings may be used to visually screen mechanical equipment. c. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related features unless otherwise exempted by Section 4-4. 4. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five years. 5. Other Codes and Regulations a. Outdoor sales are regulated through the temporary use permit process. b. The use of semi-trailers and shipping containers for storage is prohibited. c. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. H. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 30 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and hislher heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of March 2005. Terrance M. Duggan, Mayor 96 Regular Session, March 21, 2005 Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/28 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. Seconded by Nicholson. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Mayor Duggan took control of the meeting. University of Dubuque - Amendment to Institutional District: Proof of publication on notice of hearing to consider amending the University of Dubuque ID District to allow the construction of a new academic and administra- tion building at the northwest corner of Bennett and Algona Streets as requested by the University of Dubuque and Zoning Advisory Commission recommending approval and communication from Joseph Collins, 2120 Grace Street, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Tracey Wagner, Vice President of Finance and Auxiliary Services for the University of Dubuque, reviewed specifics of the project and addressed concerns with regard to parking and fencing. Tony Zelinskas, WHKS, explained detention plans for stormwater runoff. Jim Hoppman, representing Helen Hoppman of 2224 Grace, stated that parking in the area remains a problem and requested that the placement of the fencing around the proposed parking lot be reviewed. Peter Smith, Vice President of Enrollment for the University of Dubuque, and Paula Carlson, Dean of Academics for the University of Dubuque, spoke in favor of the project. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an Amended Conceptual Development Plan to allow construction of the new Myers Academic and Administration Building for the University of Dubuque ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 23-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPTUAL DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF THE NEW MYERS ACADEMIC AND ADMINI- STRATION BUILDING FOR THE UNIVERSITY OF DUBUQUE ID INSTITU-TIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances be amended by providing for the approval of an amended conceptual development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit: Lot 2-1-2-14 Ann O'Hares Subdivision; S % Lot 1-14 Ann O'Hares Subdivision; S % Lot 1-14 Ann O'Hares Subdivision; N % Lot 1-14 Ann O'Hares Subdivision; N % - W 50' - W 100' - Lot 13 Ann O'Hares Subdivision; N % - E 50' - W100' Lot 13 Ann O'Hares Subdivision; Ann O'Hares Subdivision N 140' ofW 12 W of Lot 12 Ann O'Hares SubdiviSion N 140' of E; East 50' of N % of E 56' of West 118.06' of Lot 12 Ann O'Hares Subdivision & W 6'; N % - E 50' - W 80.12' - Lot 11 Ann O'Hares Subdivision; N % - E 57.82' - Lot 11 Ann O'Hares Subdivision; Ann O'Hares Subdivision S 125' of E 50' of S % of E 56' ofW 118' of Lot 12; Lot 1-1-1-S 1/2 -10 Ann O'Hares Subdivision Lot 2-2-1-S %-10 Ann O'Hares Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5 (2003) and as an express condition of amending the University of Dubuque ID Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Colleges and universities [45] b. Vocational Schools [45] c. Seminaries [45] d. Offices for administrative personnel or other institutional employees and affiliates [14] e. Churches [7], libraries, and museums [13] f. Classrooms, laboratories, lecture halls, and similar places of institutional assembly [45] g. Off-street parking and loading [NA] h. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7] i. Single-family, two family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] Regular Session, March 21, 2005 97 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above- described ID Institutional District: a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. [ ] Parking requirements as per Section D of this Ordinance. B. Lot and Bulk Regulations. Development of land in the ID Institutional District shall be regulated as follows: The proposed academic and administration building and associated 130-space parking lot shall be constructed in substantial conformance with the attached conceptual development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1. That a 50-foot setback shall be maintained between the east edge of the 130-space parking lot and the property at 2224 Grace Street. 2. That a six-foot high, fully opaque wooden privacy fence be placed along the west property line at 2224 Grace Street. 3. That there be no access from the proposed 130-space parking lot to Grace Street. 4. New outdoor lighting for the parking lot shall utilize 72-degree cut-off luminaries. 5. Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 6. All utilities including telephone and cable television shall be installed underground. 7. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [9] 1.5 spaces for each dwelling unit [11] Two spaces for each dwelling unit [14] One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7] One space for each four permanent seats. [13] One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner andlor association. F. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s). with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all his/her heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 21st day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 23-05 I, Reverend Jeffery F. Bullock, President, University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. 23-05 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. 98 Regular Session, March 21, 2005 Dated this 21st day of March, 2005. Isl Reverend Jeffrey F. Bullock President, University of Dubuque Published officially in the Telegraph Herald newspaper this 28th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/28 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Goldthorpe Hall - University of Dubuque - Amendment to Institutional District: Proof of publication on notice of hearing to consider amending the University of Dubuque ID District to allow construction of a new addition to the Goldthorpe Science Hall at the southeast corner of University Avenue and Algona Street as requested by the University of Dubuque and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7- O. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the approval of an Amended Conceptual Development Plan to allow construction of an addition to Goldthorpe Science Hall for the University of Dubuque ID Institutional District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 24-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPTUAL DEVELOPMENT PLAN TO ALLOW CONSTRUCTION OF AN ADDITION TO GOLDTHORP SCIENCE HALL FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances be amended by providing for the approval of an amended conceptual development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit:. Lot C of Reches Subdivision and Lots 1 thru 6, Inclusive, of Reches Subdivision and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5 (2003) and as an express condition of amending the University of Dubuque ID Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Colleges and universities [45] b. Vocational Schools [45] c.Seminaries [45] , d. Offices for administrative personnel or other institutional employees and affiliates [14] e. Churches [7], libraries, and museums [13] f. Classrooms, laboratories, lecture halls, and similar places of institutional assembly [45] g. Off-street parking and loading [NA] h. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [7] i. Single-family, two family [11] or multi-family dwellings for the housing of institutional residents or affiliates [9] 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above- described ID Institutional District: a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. [ ] Parking requirements as per Section D of this Ordinance. B. Lot and Bulk Regulations. Development of land in the ID Institutional District shall be regulated as follows: The proposed addition to Goldthorp Science Hall shall be constructed in substantial conformance with the attached conceptual development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards Regular Session, March 21, 2005 99 The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1. New outdoor lighting for the parking lot shall utilize 72-degree cut-off luminaries. 2. Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 3. All utilities including telephone and cable television shall be installed underground. 4. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [9] 1.5 spaces for each dwelling unit [11] Two spaces for each dwelling unit [14] One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7] One space for each four permanent seats. [13] One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner andlor association. F. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning r.eclassification proceedings of Section 6 of the Zoning Ordinance. J.Recording A copy of this ordinance shall be recorded at the expense of the property owner(s. with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days of the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all hislher heirs, successors and assignees. Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 21st day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 24-05 I, Reverend Jeffery F. Bullock, President, University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. 24-05 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 21st day of March 2005. Isl Reverend Jeffrey F. Bullock President, University of Dubuque Published officially in the Telegraph Herald newspaper this 28th day of March, 2005. Jeanne F. Schneider, City Clerk 1t 3/28 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. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Asbury Plaza Business Park: Proof of publication on notice of hearing to consider an amendment and expansion of the Asbury Plaza Business Park Planned Unit Development District as requested by Wendell CoreylJack Leaman/Motor City LLC and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along the future extension of Plaza Drive from AG Agricultural District to PUD Planned Unit Development District with a PC Planned Commercial Designation and adopting an amended 100 Regular Session, March 21, 2005 Conceptual Development Plan, with conditions, for Motor City, LLC, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 25-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED ALONG THE FUTURE EXTENSION OF PLAZA DRIVE FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS FOR MOTOR CITY, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural to PUD Planned Unit Development with a PC Planned Commercial designation, and adopting a conceptual development plan, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit:. Lot 2 of Asbury Plaza NO.3 and the SW Y4 of the NE Y4 of Section 17, T89N, R2E, 5th P.M. and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions 1. Building-related features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: a. The primary building b. All accessory or secondary buildings c.AII exterior storage areas d. Exterior refuse collection areas e. Exterior mechanical equipment f. Containerized or tank storage liquids, fuels, gases and other materials. 2. Vehicle-related features: Vehicle related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces b. Driveways from the street right-of-way line to and from parking spaces. c.Loading spaces outside of the building. d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes. 3. Open space features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscape space containing lawn areas and plantings. b. Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c.Surface storm water detention areas not otherwise used for building-related or vehicle related purposes. d. Open recreation areas and recreation trail. e. Other non-building and non-vehicular related space. A. Use Regulations The following regulations shall apply to all land uses in the above-described PUD District: 1. Principal permitted uses shall be limited to: a. Retail saleslservices [17] b. General office [14] c.lndoor restaurant [20] d. Drive-in/carry-out restaurant [28] e. Gas station [18] f. Bank/savings and loans and credit unions [31] g. Indoor recreation [37] h. Schools of private instruction [4] i. Self-service car wash [8] j. Full-service car wash [8] k.Outdoor recreation [37] I. Auto sales and service [38] m. Auto service centers [34] n. Auto repairlbody shop [35] o. Motorcycle saleslservice [41] p. Truck sales/service/repair [39] q. Recreation vehicle saleslservice [38] r. Business services [29] s. Office supply [19] t. Lumberyardslbuilding material sales [19] u. Construction supplies, sales and service [19] v.Moving/storage facilities [33] w. Contractor shoplyard [33] x. Wholesale sales/distributor [29] y.Warehousing and storage facilities [33] z.Freight transfer facilities [44] aa. Agricultural supply sales [19] bb. Mini-warehousing [47] cc. Processing or assembly [33] dd. Landscaping services (not including retail sales as primary use) [29] [ ] Parking Group - see Section 4-2 of the Zoning Ordinance 2. Conditional uses shall be limited to the following: Regular Session, March 21, 2005 101 a. Day care center, within a primary officelcommercial building or as a stand-alone structure. Day care centers are subject to state and local regulations. 1. Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code. 2. Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code. 3. Fenced outdoor recreation space must be provided per child using the space at a given time as per State Code. 4. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards. 5. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. 6. No group day care center may be located within the same structure as any gas station, barltavern, automated gas station or any facility selling servicing, repairing or renting vehicles. 7. The parking group requirements can be met [8]. 8. The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state, and federal regulations governing hazardous substances, hazardous waste and hazardous materials, including, but not limited to Iowa Code Chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 2- 5.3 and as defined in Section 8 of the Zoning Ordinance. C. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. All building-related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 85% of the total lot area. All building and vehicle-related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c.Setbacks for buildings shall be as established for the C-3 General Commercial District, set forth in Section 3-3.3 of the Zoning Ordinance. d. Parking 'lots fronting on a public or private street(s) shall be set back ten (10) feet from the adjacent right-of-way(s). D. Parking Regulations 1. All vehicle-related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of storm water shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. 4. No on-street parking shall be allowed on streets within this PUD. 5. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 6. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development of the lot. 7. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations 1. Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each lot. a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. For every one (1) acre of lot size, four (4) trees shall be required with a minimum of eight 102 Regular Session, March 21, 2005 (8) trees required for lots two (2) acres or less. Each required tree shall be at least 1 Y2 -2" caliper diameter deciduous andlor six foot high evergreen at planting. 2. Parking areas located adjacent to right- of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three feet in height within three years of planting. 3. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. 4. The owner shall replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. F. Sign Regulations 1. The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2. Wall-mounted signs: a. Total aggregate square footage of wall- mounted signs is based on 15 percent of the front building wall area. Corner lots shall be allowed additional aggregate square footage based on five percent (5%) of the side building wall area. b. Number of signs: Maximum four (4) per building. No more than three (3) building walls shall have wall-mounted signs. c. Below eave or parapet. 3. Freestanding signs: a. Total allowed square footage: 100 square foot b. Maximum number: 1 c.Maximum height: 25 feet 4. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 5. Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. 6. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Site Lighting: a. Exterior illumination of site features shall be limited to the illumination to of the following: 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. 2. All exterior lighting luminaries shall be designed and installed to shield light from the lumina ire at angles above 72-degrees from vertical. 3. A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking':"related features. 4. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 5. Wooden utility-type poles are acceptable only for temporary use during construction. 6. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 2. Utility Locations: a. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b. Mechanical Equipment: All air conditioning units, heat pumps and other similar mechanical equipment, not including roof-mounted mechanical equipment shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Wooden fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. c. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be wood or masonry fence, wall or other feature not exceeding a height of seven (7) feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen unless located in a service area not visible to the general public. If a seven-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition Regular Session, March 21, 2005 103 to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five years. 4. Other Codes and Regulations: a. Outdoor sales are regulated through the temporary use permit process. b. The use of semi-trailers and shipping containers for storage is prohibited. c.Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreation facilities. d. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws or other controls relative to the planning, construction, operation and management of property within the City of Dubuque. H. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J.Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 10 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and hislher heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 25-05 I, Wendell Corey, representing Motor City, LLC, property owner, having read the terms and conditions of the foregoing Ordinance No. 25-05 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 9th day of March 2005. Isl Wendell Corey Published officially in the Telegraph Herald newspaper this 28th day of March, 2005. Jeanne F. Schneider, City Clerk 1 t 3/28 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. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Exterior Renovations - Carnegie Stout Public Library Project: Proofs of publication on notice of hearing to consider adoption of the plans and specifications for the Exterior Renovations - Carnegie Stout Public Library Project and City Manager recommending award of the contract to Fred Jackson Tuckpointing in the amount of $80,733, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 110-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the February 17, 2005 plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Carnegie-Stout Public Library Exterior Maintenance 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 21 st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 111-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Carnegie-Stout Public Library Exterior Maintenance Project pursuant to Resolution No. 64-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the February 28, 2005. Whereas, said sealed proposals were opened and read on the 15th day of March, 2005, and it 104 Regular Session, March 21,2005 has been determined that the bid of Fred Jackson Tuckpointing in the amount of $80,733 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 Fred Jackson Tuckpointing and the City 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 21st day of March,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 2005 Curb Ramp Installation - CDBG Project NO.1: Proofs of publication on notice of hearing to consider adoption of the plans and specifications for the 2005 Curb Ramp Installation - CDBG Project No. 1 and City Manager recommending award of the contract to Perry Construction in the amount of $20,926, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 112-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of Mar~h, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2005 Curb Ramp Installation - CDBG Project NO.1. 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 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 113-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2005 Curb Ramp Installation - CDBG Project No. 1 pursuant to Resolution No. 78-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of March,2005. Whereas, said sealed proposals were opened and read on the 15th day of March, 2005, and it has been determined that the bid of Perry Construction of Dubuque, Iowa, in the amount of $20,926.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for' the above improvement be awarded to Perry Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. US 20 Bridge - Right-of-Way: Proof of publication on notice of hearing to consider approval of the Purchase Agreement and Quit Claim Deed to provide the necessary right-of- way to the Iowa Department" of Transportation for construction of a new US 20 bridge crossing the Mississippi River and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 114-05 RESOLUTION DISPOSING OF CITY INTEREST IN A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 OF SECTION 30, TOWNSHIP 89 NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 11th day of March, 2005, the City Council of the City of Dubuque, Iowa met on the 21st day of March, 2005, at 6:30 p.m. in the Regular Session, March 21, 2005 105 Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the conveyance of the interest of the City of Dubuque in the following real estate described as: A parcel of land located in Government Lot 3 of Section 30, Township 89 North, Range 3 east of the 5 P.M., City of Dubuque, Dubuque County, Iowa, as shown on Acquisition Plat Exhibit A dated February 22, 2005, attached hereto and by this reference made a part hereof. Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to convey such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as parcel of land located in Government Lot 3 of Section 30, Township 89 North, Range 3 east of the 5 P.M., City of Dubuque, Dubuque County, Iowa, as shown on said Acquisition Plat Exhibit A dated February 22, 2005, to the State of Iowa be and the same is hereby approved for the sum of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm and sanitary sewer drainage, as shown on said Acquisition Plat Exhibit A dated February 22, 2005. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the State of Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Michalski moved that the following item be removed from the table: Seconded by Markham. Motion carried 7-0. University Avenue Reconstruction Project (Tabled on March 7, 2005): Proof of publication on notice of hearing to consider adoption of the plans and specifications for the University Avenue Reconstruction (US 20 to University Avenue) Reinforced Concrete Box Culvert Extension Project, which was bid by the Iowa Department of Transportation, and City Manager recommending award of the contract to Tschiggfrie Excavating Company, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 115-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 9th day of March, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the University Avenue Reconstruction (US 20 to University Avenue) - Reinforced Concrete Box (RCB) Culvert 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 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 116-05 AWARDING CONTRACT Whereas, said sealed proposals were opened and read on the 15th day of February, 2005, by the Iowa Department of Transportation (IDOT), and it has been determined that the bid of Tschiggfrie Excavating Co of Dubuque, Iowa, in the amount of $1,396,624.11 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 Tschiggfrie Excavating Co., subject to the concurrence by Tschiggfrie Excavating Co., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 106 Regular Session, March 21, 2005 Buol moved to reinstate the rules limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Stormwater Projects - Sale of General Obligatio!" Bonds: City Manager advising that the sale of General Obligation Bonds to support stormwater projects will be held on Monday, March 21, 2005 at 11 :00 a.m. and that results will be brought to the March 21 Council meeting and City Manager advising that the City has retained its Aa2 bond rating after review by Moody's Investor Services, presented and read. Cline moved that the communications be received and filed. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. RESOLUTION NO. 117-05 RESOLUTION DIRECTING SALE OF $1,750,000 GENERAL OBLIGATION BONDS, SERIES 2005A WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $1,750,000 GENERAL OBLIGATION BONDS, SERIES 2005A: Bidder: Northland Securities of Minneapolis, MN the terms of said bid being: Purchase Price: $ 1,732,500.00 True Interest Cost: 5% Net Interest Cost: $ 839,677.31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Carried by the following vote: Yeas-Buol, Cline, Connors, Markham, Michalski, Nicholson. Nays-Duggan. Dubuque Industrial Center West - Sale of General Obligation Bonds: City Manager advising that the sale of General Obligation Bonds to support Dubuque Industrial Center West projects will be held on Monday, March 21, 2005 at 11 :00 a.m. and that results will be brought to the March 21 Council meeting, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 118-05 RESOLUTION DIRECTING SALE OF $4,270,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2005B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $4,270,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2005B: Bidder: United Missouri Bank of Kansas City, MO the terms of said bid being: Purchase Price: $4,236,694.00 True Interest Cost: 4.1290% Net Interest Cost: $2,066,973.94 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed, approved and adopted this 21st day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 119-05 RESOLUTION DIRECTING SALE OF $2,995,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2005C WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $2,995,000 GENERAL OBLIGATION URBAN RENEWAL BONDS, TAXABLE SERIES 2005C: Bidder: Northland Securities of Minneapolis, MN Regular Session, March 21, 2005 107 the terms of said bid being: Purchase Price: $ 2,969.818.75 True Interest Cost: 4.9508% Net Interest Cost: $ 988,713.21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for Bond bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed, approved and adopted this 21s1 day of March, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Eleanor Ridge Estates Subdivision Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Eleanor Ridge Estates Subdivision, located on Lake Eleanor Road in Dubuque County, as requested by Rick Ehrlick, presented and read. Cline moved that the communication be received and filed and approved recommendation. Hillside Estates - Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of Hillside Estates located in Dubuque County as requested by Dean HoffmanlRiver City Development Group LLC, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. Mayor Duggan turned the meeting over to the Mayor Pro-Tem due to possible conflict of interest. Birch Heating and Cooling: Zoning Advisory Commission recommending approval of the site plan for Birch Heating and Cooling located on Cedar Cross Road, as requested by IIW Engineers, presented and read. Cline moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 6-0. MayorDuggan took control of the meeting. Transit Board of Trustees: City Manager recommending approval of recommendations from the Transit Board of Trustees to address capacity constraint issues on the minibus service through productivity improvements, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Michalski commended staff for their work on this issue. Request for Proposals Municipal Communications Utility: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for a consultant to study the feasibility of a municipal communications utility, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 7-0. John Ervolino, 928 Spires Dr., spoke in favor of the RFP and the need for high speed internet. Federal Communications Commission: Notification from the Federal Communications Commission that MCClowa LLC has filed a Petition for Special Relief for Determination of Effective Competition and Revocation of Certification, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. City Manager recommending that the City oppose the "Effective Competition" petition that Mediacom has filed with the Federal Communications Commission and authorize the Miller and Van Eaton law firm to file a Reply on the City's behalf, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Custodial Services for City Facilities: City Manager recommending approval to replace the use of private cleaning services with part-time employees to provide custodial services for the Housing Services Building, City Hall and the City Hall Annex, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. National Trust Advisor: City Manager advising that Planning Services Manager Laura Carstens has been nominated to be a National Trust Advisor by the National Trust for Historic Preservation, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. COUNCIL MEMBER REPORTS Regular Session, March 21, 2005 108 Nicholson praised Hempstead High School's production of "Godspell." He also reported there was a lot of activity and time spent on the CDBG funding issue at the National League of Cities meeting. At 8:38 P.M. Buol moved to go into Closed Session: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2003 Code of Iowa. Seconded by Connors. Motion carried 7-0. At 8:50 P.M. Council reconvened Regular Meeting stating that 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 8:51 P.M. Jeanne F. Schneider, CMC City Clerk 1t 3/30 & 1t 5/18 Approved ~ : Adopted ~ 2005 2005 Council Members Attest:. l ;j da '?{4!rI~1 ]t{ CtU2 .' i~ City Clerk,.~-- ;.' ._______ <---' 21 UvL?