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2005 June Council Proceedings . Regular Session, June 6, 2005 231 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, June 6, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Connors, Council Members Buol, Cline, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Absent: Mayor Duggan, Council Member Markham Mayor Pro-Tem Connors read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Tim Bees, Pastor, First Baptist Church. Proclamation: Dubuque Main Street Month received by Dubuque Main Street Council representative Ann Michalski. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/2; Cable TV Community Teleprogramming Commission of 5/3; Cable TV Regulatory Commission of 5/11; City Council of 5/16; Civil Service of 4/8; Community Development Advisory Commission of 5/11; Electrical Code Board of 5/23; Housing Code Appeals Board (Revised) .of 8/17/04; Housing Commission of 4/26; Park and Recreation Commission of 5/10; Transit Board of 5/12, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 5-0. Proof of publications of City Council Proceedings of 3/21 and 5/2; and List of Claims and Summary of Revenues for month ending March 31, 2005, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 5-0. Printed City Council Proceedings for March, 2005, presented and read. Buol moved that the proceedings be received and filed and approved as printed. Seconded by Nicholson. Motion carried 5-0. Notice of Claims/Suits: Laura Feldermann for vehicle damage; Elmer Flynn for property damage; Linda Slaats for vehicle damage; Kathy Jo Steger, et ai, vs. City of Dubuque; Vernon Van Cleve for property damage, presented and read. Buol moved that the claims be received and filed and referred to Legal for investigation. Seconded by Nicholson. Motion carried 5-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Laura Feldermann for vehicle damage; Elmer Flynn for property damage; Patricia Ruden for personal injury; Kathy Jo Steger for personal injury; Vernon Van Cleve for property damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 5-0. Corporation Counsel recommending settlement of the claim of Linda Slaats for vehicle damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and directed Finance Department to issue proper payment. Seconded by. Nicholson. Motion carried 5-0. Community Development Block Grant Program (CDBG): Communication from Congressman Jim Nussle regarding funding for the Community Development Block Grant Program, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Long Range Planning Commission: Communication from Dave Rusk advising that he will not be applying for reappointment to the Long Range Planning Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Shot Tower Rehabilitation and Stabilization Project: City Manager recommending approval of a contract with Hasbrouck Peterson Zimoch Sirirattumrong (HPZS) for the Shot Tower Rehabilitation and Stabilization Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. City of Sageville Annexation: City Manager communication to Ralph Dean, Mayor of the City of Sageville, advising that the City of Dubuque objects to the three proposed annexations to the City of Sageville, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. 232 Regular Session, June 6, 2005 Lease Agreement with Miller Enterprises of Dubuque, Inc., d/b/a The Busted Lift: City Manager recommending approval of a lease with Miller Enterprises of Dubuque, Inc., d/b/a The Busted Lift, for approximately a five month period for outdoor service, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Buol. Motion carried 5-0. 155 East Fifth Street: Historic Preservation Commission recommending approval of the request to demolish the brick warehouse (formerly Stealth Racing) as requested by the City of Dubuque, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson.. Motion carried 5-0. Tax Assessment Appeal - Stipulation of Settlement: Corporation Counsel submitting a Stipulation of Settlement of a tax assessment appeal by Dubuque Golf and Country Club, presented and read. Buol moved that the communication be received and filed and approved Settlement. Seconded by Nicholson. Motion carried 5-0. Community Partnership (cp2) Program - Fiscal Year 2006: City Manager recommending approval of the recommendation of the Community Development Advisory Commission for allocation of Community Partnership Program (cp2) funds, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 236-05 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 2006 Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particularly those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved and amended by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) monies to the following organizations. The award shall consist of a grant to the organization for the identified project and shall be for the amount noted below: APPLlCANTPROJECTS RECOMMENDED Audubon Elementary School Parent Involve- ment Nights $7,820 Visiting Nurse Association Access to Medical & Dental Care $10,010 Dubuque County Extension Multicultural Center $43,731 Diabetes Health $9,000 Girl Scouts $6,439 Total $77,000 Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the regulations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contracts. Passed, approved and adopted this 6th day of June 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Finley Health Foundation Foundation Girl Scout of Little Cloud Council in Need 755 West 32nd Street: City Manager recommending approval of the purchase of property located at 755 West 32nd Street as part of the acquisition program for expansion of the West 32nd Street detention basin, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 237-05 A RESOLUTION APPROVING THE ACQUI. SITION OF REAL ESTATE LOCATED AT 755 WEST 32ND STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of stormwater mitigation Regular Session, June 6, 2005 233 activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the eleventh property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of Stierman's Place in the City of Dubuque, Iowa, according to the recorded plat thereof At the cost of One Hundred, forty thousand dollars ($140 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest. to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. 745 Gillespie Street: City Manager recommending approval of the purchase of property located at 745 Gillespie Street as part of the acquisition program for expansion of the West 32nd Street detention basin, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 238-04 A RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE LOCATED AT 745 GILLESPIE STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32nd Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement h1as been finalized with the owner of the tenth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of Lot 1 of Lot 1 of Lot 8 and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 8 in Gillespie's Subdivision of Mineral Lot 361 in the City of Dubuque, Iowa, according to the recorded plat thereof At the cost of Seventy-Two Thousand, Three Hundred Fifty dollars ($72 350). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Northeast Iowa School of Music: City Manager recommending approval of a grant agreement with the Northeast Iowa School of Music to provide music lessons for four children as part of the Uptown Recreation Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Dubuque County ISU Extension: City Manager recommending approval of a grant agreement with Dubuque County ISU Extension to conduct recreation programs as part of the Uptown Recreation Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Children's Zoo Boosters: City Manager recommending approval of a lease renewal with the Dubuque Children's Zoo Boosters, Inc., for approximately ten acres of the former Roosevelt Park to operate the Storybook Hill Children's Zoo, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. 234 Regular Session, June 6, 2005 Operating Engineers Union - Petition for Bargaining Unit Amendment: City Manager recommending approval of a modification to the Stipulation of Bargaining Unit for the Operating Engineers Union to include the position of Lab Technician I, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Asbury Road Widening Project: City Manager recommending acceptance of the Asbury Road Widening Project as completed by Portzen Construction, Inc. in the final contract amount of $59,165.50, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 239-05 ACCEPTING THE WIDENING OF ASBURY ROAD AT THE NORTHWEST ARTERIAL ROAD PROJECT Whereas, the contract for the Widening of Asbury Road at the Northwest Arterial Road Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Street Construction Fund the contract amount less any retai'1ed percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 240-05 FINAL ESTIMATE Whereas, the contract for the Widening of Asbury Road at the Northwest Arterial Road Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $63,545.60 and the said amount shall be paid from the Fiscal Year 2005 Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Radford Road - Acceptance of Warranty Deed: City Manager recommending approval of the acceptance of a warranty deed for a right-of- way purchase on Radford Road to accommodate an additional lane for right-turn movements into the' new middle school, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 241-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE COMMUNITY SCHOOL DISTRICT WHEREAS, the City of Dubuque entered in a Partial Acquisition Agreement with Dubuque Community School District for the purchase of the following described real property in Dubuque County, Iowa: A part of Lot 2 of Siegert Farms No. 2 as shown on the attached Acquisition Plat "Exhibit A" as 'ROW. ACQUISITION AREA" AND WHEREAS, the terms of the Agreement have now been met. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Dubuque Community School District attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and Warranty Deed with the Dubuque County Recorder. Passed, approved, and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Healthy Homes Grant Application: City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development (HUD) for an approximate $900,000 Healthy Homes Initiative demonstration project grant for the Washington Neighborhood Revitalization area, presented Regular Session, June 6, 2005 235 and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Child Care Lasts a Lifetime Campaign: City Manager recommending approval for the City of Dubuque to be listed as a partner on the Empowerment proposal being submitted to the Iowa State University for funding and technical assistance to assist communities in hosting a Quality Child Care Forum, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Economic Development Administration - Amendment #2: City Manager recommending approval of Amendment #2 to the contract with the Economic Development Administration for a six month extension to either demolish or provide a re-use proposal for the Adams Company building, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 242-05 A RESOLUTION AUTHORIZING THE EXECUTION OF PROJECT AMENDMENT #2 TO A CONTRACT WITH THE ECONOMIC DEVELOPMENT ADMINISTRATION Whereas, the City Council of Dubuque has approved a contract with the Economic Development Administration (EDA) for a $2 Million grant to assist to assist in the acquisition of property owned by the Adams Company in the Port of Dubuque, relocation of the Company, and demolition of the existing facility; and Whereas, contract will expire on June 17, 2005. Whereas, the City needs additional time to prepare for demolition or re-use of the existing buildings, and Whereas, the City has requested and EDA has provided a proposed six month extension of time for the completion of the project, and EDA has submitted Project Amendment No. 2 of the contract to the City for approval; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Project Amendment #2 with EDA extending the completion date to November 25, 2005 is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said Project Amendment #2 to the Economic Development Administration. Passed, approved, and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Washington Court (Dubuque Casket Factory): City Manager submitting information on funding for the Washington Court (Dubuque Casket Factory) project and providing an update on construction of a park in the area, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Mediacom Reply to the City's FCC Opposition Filing: City Manager transmitting information on Mediacom's latest filing regarding its FCC Petition to declare the presence of "Effective Competition" in Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Collective Bargaining Agreement - Teamsters Local Union No. 421: City Manager recommending approval of the collective bargaining agreement between the City and the Teamsters Local Union No. 421 for the contract period beginning July 1, 2005 through June 30, 2006, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 243-05 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE TEAMSTERS LOCAL UNION NO. 421 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. 236 Regular Session, June 6, 2005 Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Collective Bargaining Agreement - Dubuque Police Protective Association: City Manager recommending approval of the collective bargaining agreement between the City and the Dubuque Police Protective Association for the contract period beginning July 1, 2005 through June 30, 2008, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 244-05 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCIA- TION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RFP Engineering Services - Locust and Iowa Street Parking Ramps: City Manager recommending approval of the issuance of a request for proposal for the engineering services related to structural repairs to the Locust Street and Iowa Street Parking Ramps, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Library Board of Trustees: Communication from Mary Strom advising that she will not be reapplying to serve on the Carnegie Stout Public Library Board of Trustees and recommending consideration of Beverly Kolz, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with St. Stephen's Food Bank: City Manager recommending approval of a Purchase of Service Agreement with St. Stephen's Food Bank in the amount of $700 for the Deer Management Food Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Project Concern, Inc. - Foster Grandparent Program: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $5,435 for the Foster Grandparent Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with the Retired and Senior Volunteer Program: City Manager recommending approval of a Purchase of Service Agreement with the Retired and Senior Volunteer Program in the amount of $7,341, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Project Concern, Inc. - Information and Referral and Child Care Referral: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. in the amount of $24,339 for the Information and Referral Program plus a payment of $8,576 for the Child Care Referral Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Operation: New View: City Manager recommending approval of a Purchase of Service Agreement with Operation: New View in the amount of $16,708, presented and read. Regular Session, June 6, 2005 237 Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc.: City Manager recommending approval of a Purchase of Service Agreement with Helping Services of Northeast Iowa, Inc. in the amount of $2,023, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Greater Dubuque Development Corporation: City Manager recommending approval of a Purchase of Service Agreement with Greater Dubuque Development Corporation in the amount of $130,125 including $90,125 for economic development services, $40,000 for marketing of the City's industrial parks, and $35,000 towards a partnership with Dubuque Initiatives to be used to partially assist in funding a new position for Dubuque area retail expansion services which will now be part of the Greater Dubuque Development Corporation Purchase of Service Agreement, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Dubuque Main Street, Ltd.: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Main Street, Ltd., in the amount of $43,966, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Dubuque Area Lifetime Center: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Lifetime Center in the amount of $25,000, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Dubuque Area Labor Management Council: City Manager recommending approval of a Purchase of Service Agreement with Dubuque Area Labor Management Council in the amount of $15,503, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau: City Manager recommending approval of a Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors Bureau in the amount of $644,886, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Washington Neighborhood Tool Library: City Manager recommending approval of a Purchase of Service Agreement with the Washington Neighborhood Tool Library in the amount of $15,500, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with Substance Abuse Services Center: City Manager recommending approval of a Purchase of Service Agreement with Substance Abuse Services Center in the amount of $12,762, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Purchase of Service Agreement with America's River Corporation: City Manager recommending approval of a Purchase of Service Agreement with America's River Corporation in the amount of $10,000, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 5-0. Mediacom: Communication from Mediacom advising that their customers in the City of Dubuque will be offered a limited tier of service beginning July 1, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Business Licenses: RESOLUTION NO. 245-05 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. 238 Regular Session, June 6, 2005 NEW Hy-Vee Wine and Spirits Hy-Vee, Inc. 3500 Dodge Street Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 245A-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. 51 RENEWALS A & B Tap Carol Meyer 2600 Central Avenue Aragon Tap Myra Woodman 1103 Iowa Street Beecher's Beecher Co., Inc. 1691 Asbury Road Casey's General Store # 2420 Casey's Marketing Co 2699 Rockdale Road Casey's General Store # 2421 Casey's Marketing Co 4003 Peru Road Clark Shreeji Services, Inc 700 Rhomberg Avenue Cuemasters Billiards William Kramer 900 Central Avenue Dempsey's and Molly's Pub Deborah A. Clifford 395 West 9th Denny's Lux Club Beverly A. Larson 3050 Asbury Road Dubuque Discount Gas # 2 Jeffrey A. Streinz 2175 Central Avenue Easy Street Easy Street, LLC 431 Rhomberg Avenue Five Point Mart Kristina Husemann 405 Rhomberg Avenue Instant Replay Pamela Arensdorf 1602 Central Avenue Kalmes Breaktime Theresa Kalmes 1097 Jackson McCann's Service, Inc. McCann's Service, Inc. 690 West Locust Midway Hotel/Hoffman House WCB Hotels, Inc. 3100 Dodge Street Oky Doky #1 TFM Company 250 West 1 st Street Oky Doky #2 TFM Company 51 West 32nd Street Oky Doky #6 TFM Company 1256 Iowa Street Oky Doky #21 TFM Company 2010 Kerper Boulevard Oky Doky #8 Hill Street Plaza 535 Hill Street Paro Food Mart Sahajanand Enterprises, Inc. 3200 Central Avenue Plaza 20 Amoco Kelly Mussehl 2600 Dodge Street Ron's Discount Smokes RKM LLC 1701 JFK Road Tobacco Outlet Plus #504 Kwik Trip, Inc. 806 Wacker Drive Tobacco World Iowa Potatoe & Produce 3341 Hillcrest Road Tony's Place Charles E. Steffen 1701 Central Avenue Walgreen's # 06154 Walgreen Co. 2260 JFK Road Walgreen's # 03777 Walgreen Co. 555 JFK Road Whiskey River Chad Streff 1064 University Avenue Hy-Vee #1 Hy-Vee, Inc. 3500 Dodge Street Hy-Vee Gas #2 Hy-Vee, Inc. 2435 Northwest Arterial Hy-Vee #2 Hy-Vee, Inc. 2395 Northwest Arterial Dubuque Greyhound Park and Casino Dubuque Racing Assoc. 1855 Greyhound Park Craig J. Weiner 709 University Aptmts Ltd Corp. 555 JFK Road K-Mart Corporation 2600 Dodge Street Nash Finch Co. 3355 JFK Circle Carmen Chuquin 555 JFK Road Wal-Mart Supercenter #2004 Wal-Mart Stores, Inc. 4200 Dodge Street Eagle County Market Eagle County Market 1800 Elm Street Molo Oil Company 2013 Central Avenue Molo Oil Company 1101 Rhomberg Avenue Molo Oil Company 1875 JFK Road Molo Oil Company Ninth and Central Molo Oil Company 2100 JFK Road Fraternal Order of 1175 Century Drive Hartig Drug Co., Inc. 157 Locust Street Hartig Drug Co., Inc. 2255 JFK Road Hartig Drug Co., Inc. 2225 Central Avenue Hartig Drug Co., Inc. 1333 Delhi Street Walnut Tap Dubuque Mining Company K-Mart #4018 Econofoods Indian Weavings Puff N Snuff Puff N Snuff Big 10 Mart Big 10 Mart Big 1 0 Mart Fraternal Order of Eagles Eagles Hartig Drug Co., Inc. Hartig Drug Co., Inc. Hartig Drug Co., Inc. Hartig Drug Co., Inc. Regular Session, June 6, 2005 239 Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 246-05 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 "BOO BEER PERMIT Prospect Pizza Ltd. Pizza Hut of Dubuque #1 ++ (Sunday Sales) 2075 JFK Road Prospect Pizza Ltd. Pizza Hut + (Sunday Sales) 320 E. 20th Street CLASS "B" BEER (5 DAY SPECIAL EVENT) Dubuque Jaycees All That Jazz Tent A Main St. & E 8th St. Intersection Dubuque Jaycees All That Jazz Tent B W 7th St. and Alleyway (US Bank) Dubuque Jaycees All That Jazz Tent C Main St. & E 5th St. Intersection Rotary Club of Dubuque Rotary Club of Dubuque Hawthorne Street Park Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 247-05 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 "COO BEER/LIQUOR LICENSE (1 Day Outside Sale) Clarke College Clarke College 1550 Clarke Drive CLASS "C" BEER/LIQUOR LICENSES James R. Ferring Dubuque Bowling Lanes 1029 Y2 Main St. Creslanes Bowling,lnc. Creslanes Bowling 255 South Main Tom Koch, Inc. Paul's Tavern 176 Locust Street Miller Enterprises of Dubuque, Inc. The Busted Lift 180 Main Street CLASS "B" WINE Creative Touch Gallery, Inc. Ooh La La 3460 Hillcrest Road Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. ITEMS TO BE SET FOR PUBLIC HEARING Lease Agreement between the City of Dubuque and Peninsula Gaming Company, L.L.C.; Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association, Ltd.; Settlement Agreement between Peninsula Gaming Company, L.L.C. and the City of Dubuque; City Manager recommending that a public hearing be set for June 20, 2005 to consider approval of a lease agreement between the City of Dubuque and Peninsula Gaming Company, L.L.C. and the Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association and City Manager recommending approval of a Settlement Agreement between Peninsula Gaming Company, L.L.C. and the City of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 248-05 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE RACING ASSOCIATION, LTD. WHEREAS, the City of Dubuque, Iowa (City) owns certain real property shown on Exhibit AA attached hereto, specifically Lots C and D, which is leased to Dubuque Racing Association, L TD (Association), pursuant to an Amended and Restated Lease Agreement dated March 31, 2004, which includes PART B - GROUND LEASE FOR PARKING AND DOCK FACILITIES IN ICE HARBOR FOR RIVERBOAT GAMBLING; and WHEREAS, City and Association now desire to amend the Amended and Restated Lease Agreement as set forth in the attached Second 240 Regular Session, June 6, 2005 Amendment, which among other matters, extends the term of the Lease for Parking and Dock Facilities from December 31, 2008 to December31,2018;and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the Second Amendment to Amended and Restated Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, intends to dispose of the City's interest in the foregoing-described real property pursuant to the Second Amendment to Amended and Restated Lease Agreement between City and Association. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 20th day of June, 2005, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 1 st day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 6/20105 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 249-05 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH PENINSULA GAMING COMPANY, L.L.C. WHEREAS, the City of Dubuque, Iowa (City) owns certain real property in the Ice Harbor, described as follows: The patio area (Parcel B) as shown on Exhibit A attached hereto, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof; And WHEREAS, City has negotiated a Lease Agreement for such property with Peninsula Gaming Company, L.L.C. (Peninsula), a copy of which Lease Agreement is now on file at the Office of City Clerk, City Hall, 50 West 13th Street, Dubuque IA 52001-4864; and WHEREAS, the Lease Agreement also grants certain parking privileges to Peninsula for Parking Lots 1 and 2 shown on Exhibit A; and WHEREAS, the Lease Agreement also provides for the future disposition of the City's interest in Lot 2 of Adams Company 2nd Addition pursuant to an exchange of real property with Peninsula; and WHEREAS, the City Council has determined that it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque, Iowa, intends to dispose of its interest in the foregoing- described real property by Lease Agreement between City and Peninsula. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 20th day of June, 2005, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. ' Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution and set public hearing for 6120105 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 5-0. Five Flags Theater Tuckpointing Project - Initiate: City Manager recommending initiation of the bidding process for the Five Flags Theater Tuckpointing Project and that a public hearing be set for July 5, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 250-05 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 Tuckpointing the Five Flags Theater Project, in the estimated amount of $122,078, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 251-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Regular Session, June 6, 2005 241 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 Tuckpointing the Five Flags Theater Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 5th day of July, 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 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 252-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Tuckpointing the Five Flags Theater 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 23rd day of June, 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 5th day of July, 2005. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Grandview Avenue Concrete Section Repair Project - Initiate: City Manager recommending initiation of the bidding process for the Grandview Avenue Concrete Section Repair Project and that a public hearing be set for July 5, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 253-05 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 Grandview Avenue Concrete Section Repair Project in the estimated amount of $54,850.40 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 254-05 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 Grandview Avenue Concrete Section Repair 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 5th day of July, 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 6th day of June, 2005. 242 Regular Session, June 6, 2005 Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution and set date of hearing on plans and specifications for 7/5/05 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 Nicholson. Motion carried 5-0. RESOLUTION NO. 255-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Grandview Avenue Concrete Section Repair 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 23'd day of June, 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 5th day of July, 2005. Passed, adopted and approved this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Electrical Code Board (Five 3-year terms through 5/21/08 - Terms of Dixon, Hammel, Pfohl, Pregler, Reiss) Applicants: James Dixon, Elaine Reiss. No one spoke. Historic Preservation Commission (Three 3- year terms through 7/1/08 - Langworthy District [Mozena], Architect/At-Large [Wand], and Old Main District [Berzins] Applicants: Christopher Wand, Mirdza Erika Berzins. No one spoke. Investment Oversight Advisory Commission (One 3-year term through 7/1/08 - Term of Spielman) Applicant: Charles Spielman No one spoke. Library Board of Trustees (Five 5-year terms through 7/1/09 - Felderman, Shubatt, Smith, Strom, Tully) Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith. Michael Shubatt spoke clarifying his request to hold over a couple of the four year terms so that the Library Board would have more staggered expiration dates. Diann Guns, Beverly Kolz and Michael Shubatt all spoke requesting consideration for appointment. Communication from Michael Shubatt regarding the Carnegie Stout Public Library Board of Trustees, presented and read. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 5-0. Water Works Park Development (Phase I) Project: Proofs of publication on notice of hearing on the plans and specifications and notice to bidders and City Manager recommending award of the contract for the Water Works Park Development (Phase I) Project to Portzen Construction, Inc., in the amount of $649,200, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 256-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of May, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Water Works Park Development Project, Phase I. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of June, 2005. Joyce E.Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 257-05 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Water Works Park Development Project, Phase I, pursuant to Regular Session, June 6, 2005 243 Resolution No. 193-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 6th day of May, 2005. WHEREAS, said sealed proposals were opened and read on the 26th day of May, 2005, and it has been determined that the bid of Portzen Construction, Inc. in the amount of $649,200 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Gateway Landscaping Project: Proofs of publication on notice of hearing and notice to bidders for the Gateway Landscaping Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $742,400, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 258-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of May, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Gateway Landscaping Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 259-05 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Gateway Landscaping Project pursuant to Resolution No. 196-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 6th day of May, 2005. WHEREAS, said sealed proposals were opened and read on the 26th day of May, 2005, and it has been determined that the bid of Portzen Construction, Inc., in the amount of $742,400 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Portzen Construction, Inc., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Pyatigorsk Park Development Project: Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Pyatigorsk Park Development Project to Tricon General Construction in the amount of $259,600, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 260-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 2nd day of May, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Pyatigorsk Park Development Project. 244 Regular Session, June 6, 2005 WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 261-05 AWARDING CONTRACT WHEREAS, sealed proposals have been' submitted by contractors for the Pyatigorsk Park Development Project pursuant to Resolution No. 199-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 6th day of May, 2005. WHEREAS, said sealed proposals were opened and read on the 26th day of May, 2005, and it has been determined that the bid of Tricon General Construction in the amount of $259,600 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 crr)( OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tricon General 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 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest; Karen M. Chesterman, Deputy City Clerk Suol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Lindberg Terrace and Eagle Street Sanitary Sewer Extension: Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Lindberg Terrace and Eagle Street Sanitary Sewer Extension Project to McDermott Excavating in the amount of $56,388.81, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 262-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2ih day of April, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction 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 6th day of June, 2005. Joyce E Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 263-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Lindberg Terrace and Eagle Street Sanitary Sewer Reconstruction Project pursuant to Resolution No. 184-05 and notice to' bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of May, 2005. Whereas, said sealed proposals were opened and read on the 19th day of May, 2005, and it has been determined that the bid of McDermott Excavating of Dubuque, Iowa, in the amount of $56,388.81 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 McDermott Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Regular Session, June 6, 2005 245 Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Asbury Road Sidewalk Installation Project: Proofs of publication on notice of hearing and notice to bidders and City Manager recommending award of the contract for the Asbury Road Sidewalk Installation Project to Winger Construction in the amount of $50,766, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 264-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2ih day of April, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Asbury Road Sidewalk Installation Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of June, 2005. Joyce E. Connors, Mayor Pro- Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 265-05 AWARDING CONTRACT Whereas, sealed bid proposals have been submitted by contractors for the Asbury Road Sidewalk Installation (John F. Kennedy Road to Iowa 32) Project, pursuant to Resolution No. 190-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of May, 2005. Whereas, said sealed proposals were opened and read on the 26th day of May, 2005, and it has been determined that the bid of Winger Construction of Dubuque, Iowa in the amount of $50,766.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. 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 Winger 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 6th day of June, 2005. Joyce E Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 266-05 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ASBURY ROAD SIDEWALK INSTALLATION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Asbury Road Sidewalk Installation Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: 1- Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the _ day of ,2005, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. 246 Regular Session, June 6, 2005 Buol moved that the rules be reinstated limiting discussion to Council. Seconded by Nicholson. Motion carried 5-0. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, to present the GDDC quarterly report, presented and read. Rick Dickinson thanked the Council and staff for their support during these ten years of his employment and specifically noted various programs to market Dubuque. Buol moved to receive and file the report. Seconded by Nicholson. Motion carried 5-0. Bricktown liquor License Renewal: City Manager transmitting information regarding the number of calls for service for Bricktown and recommending approval of a six month liquor license, presented and read. Buol moved to receive and file the communication and approve a one year liquor license. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 267-05 Whereas, an application for a Liquor License had been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicant 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 applicant a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Cooper Management LLC Stonewall Lounge /Bricktown+ (Sunday Sales) 299 Main Street Passed, approved and adopted this 6th day of June, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Demolition Related to Downtown School: Historic Preservation Commission applauding the efforts of City staff to provide options to demolition of historic structures related to development of the downtown school and requesting that City Council direct the School Board to refrain from the demolition of buildings and to use available surface parking in the area of the downtown school site, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 4-0 with Nicholson temporarily out of the room. Dubuque Metropolitan Area Solid Waste Agency (First Reading May 16, 2005): City Manager recommending that the second reading of the Dubuque Metropolitan Area Solid Waste Agency's rezoning request be postponed until additional information can be obtained and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located on Highway 20 West from AG Agricultural District to LI Light Industrial District, presented and read. Michalski moved to table this until additional information is obtained. Seconded by Buol. Motion carried 4- o with Nicholson temporarily out of the room. Sidewalk Cafe Ordinance: City Manager recommending approval of a revision to the sidewalk 'cafe ordinance to require a four foot minimum width of unobstructed sidewalk with a straight travel path to increase room for physically challenged persons and further recommending that anchored fencing no longer be allowed, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 5-0. Scott Neuwoehner of Bricktown, spoke requesting consideration for a special setup of delineated serving areas which would allow consideration for their protruding light poles. An Ordinance Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of Dubuque Code of Ordinances, presented and read. Buol moved that this be considered the first reading of the Ordinance. Seconded by Michalski. Motion carried 5-0. Northend Wrecking: City Manager submitting an update on enforcement issues at Northend Wrecking and letters from Attorney Joseph J. Bitter on behalf of Roger Kunde requesting to lease property if it is not available to buy, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 4-1 with Cline voting Nay. City Council Strategic Planning - Fiscal Year 2007: City Manager requesting City Council approval of proposed dates for the Fiscal Year 2007 strategic planning sessions, upon consensus stated that the dates of September 7th & 8th are the best for the Council Members present. Best Development Award: City Manager advising that the City has received a Best Regular Session, June 6, 2005 247 Development Award for the America's River Project and requesting that a representative be named to receive the award, presented and read. Buol moved that the communication be received and filed and named Council Member Michalski to attend the Award Ceremony accompanied by Planning Services Manager Laura Carstens. Seconded by Nicholson. Motion carried 5-0. Barry A. Lindahl Recognition: City Manager advising that Corporation Counsel Barry A. Lindahl has been selected to be a speaker at the Iowa State Bar Association Annual Meeting, presented and read. Buol moved that the communication be received and filed and congratulated Mr. Lindahl. Seconded by Nicholson. Motion carried 5-0. COUNCIL MEMBER REPORTS Michalski stated that there is an increase in vehicle accidents downtown with drivers using cellphones. PUBLIC INPUT Roger Kunde of Northend Wrecking, spoke thanking the Council Members for visiting his business and inviting others. He mentioned he would like still like to buy the nearby property but could understand if the City would lease it. At 7:56 P.M. Michalski moved to go Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)U) 2005 Code of Iowa. Seconded by Nicholson. Motion carried 5-0. At 8:23 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 5-0. The meeting adjourned at 8:24 P.M. /s/ Karen M. Chesterman Deputy City Clerk 1 t 6/15 /:~ '2 Approved:(~a ~/:;J Adopted a~~ ;:t 2005 2005 248 Special Session, June 13, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, June 13,2005 Council met in Special Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Connors, Council Members Buol, Cline, Markham, Michalski, City Manager Van Milligen, Corporation Counsel Lindahl Absent: Mayor Duggan, Council Member Nicholson Mayor Pro-Tem Markham read the call and stated this is a special session of the City Council called for the purpose of discussing the Zoning and Subdivision Ordinance Update from Lane Kendig, Inc. Lane Kendig, Lane Kendig, Inc., outlined the purpose of the work session and requested each of the Council Members to complete the two- step Dubuque Community Preference Survey. Upon completion of the survey the results were tabulated and discussed. Kim Mickelson, Lane Kendig, Inc. explained that she was primarily working on a critique of the current ordinance and that the results of her study would be reviewed at a joint meeting of the City Council, Zoning Advisory Commission and Citizens Advisory Committee that is currently scheduled for July 25, 2005. Council discussed various issues with the current ordinance and points they would like to see addressed. Isl Jeanne F. Schneider, CMC City Clerk 1 t 6/22 Approved: a~/ ? Adopted C/~~ :3 2005 2005 Atte tj /J ) / u:1:~ -r-;' 'df-h/zL/A/ ty Clerk Regular Session, June 20, 2005 249 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, June 20, 2005 Council met in regular session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Cline, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl. Members Michalski, Milligen, Mayor Duggan read the call and stated this is a regular session called for the purpose of acting upon such matters which may properly come before the Council. Invocation was given by Rev. Nancy Bickel, Pastor of the First. Congregational United Church of Christ. Presentations: Presentation of the "Employer of the Year" Plaque from the American Legion for Employer Support of the Guard and Reserve, presented by American Legion Commander John Galle. Presentation of 2005 Ken Kringle Historic Preservation Award from the Historic Preservation Commission for City Council's Commitment to Historic Preservation by the Chair of the Historic Preservation Commission Dave Stuart. Presentation of the 2005 Best Development Award from 1,000 Friends of Iowa for the America's River Project, presented by Planning Services Manager Laura Carstens. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 5/2; City Council of 6/6 and 6/13; Human Rights Commission of 5/9; Zoning Advisory Commission 6/1; Zoning Board of Adjustment of 5/26, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Proceedings of May 16, 2005 and List of Claims and Summary of Revenues for month ending April 30, 2005, 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 April 30, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Robert R. Butler, Sr. f or property damage; Lynn Lang for vehicle damage; Jeffrey W. Robbins for property damage; Jill R. Seymour for property damage, presented and read. Buol moved that the communications be received and filed and referred to the Legal Department for investigation and report. Seconded by Nicholson. Motion carried 7-0. City Solicitor recommending settlement in the claim of Shawn & Celethia Baldwin, presented and read. Buol moved that the communication be received and filed and concurred and Finance Director to issue proper payment. Seconded by Nicholson. Motion carried 5-0. Eagle Valley Site Acquisition Project: City Manager recommending approval of a publication of combined notice of finding of no significant impact on the environment and notice of intent to request release of funds for the Eagle Valley Site Acquisition Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 268-05 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 EAGLE VALLEY SITE ACQUISION 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 Eagle Valley Site Acquisition 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 250 Regular Session, June 20, 2005 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 Eagle Valley Site Acquisition Project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 pm on July 11, 2005. Such notice shall be in the form of Exhibit "N attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the 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 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Draft Preservation Easement for Dubuque Shot Tower: City Manager recommending approval of a draft conservation easement agreement for preservation of the Dubuque Shot Tower, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Exterior Storage Container Ordinance: Communication from Bill Hendricks expressing appreciation to the Council for repealing the exterior storage container ordinance and communication of the City Manager, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Northend Wrecking: Communication from Richard Koob regarding. Northend Wrecking, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Heeb Street Retaining Wall: Communication from Dean J. Konrardy regarding the Heeb Street retaining wall and requesting a response, 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. Deed of Sinclair Oil Property in Port of Dubuque: City Manager recommending acceptance of the deed of Sinclair Oil Property, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 269-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM SINCLAIR OIL CORPORATION WHEREAS, the City of Dubuque entered into an agreement with Sinclair Oil Corporation for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of Lot 1, Lot 1 of Lot 2, Lot 1 of Lot 3, Lot 1 of Lot 4 and Lot 1 of Lot 5, all in Block 27, and Lot 3, Lot 4, and Lot 4A in Block 17, all in Dubuque Harbor Addition 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 Deed attached hereto from Sinclair Oil Corporation. 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 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, June 20, 2005 251 Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Sublease Agreement between Dubuque Racing Association, L TD and Peninsula Gaming Company, LLC: City Manager recommending approval of the Extension of Sublease Agreement between the Dubuque Racing Association, L TD and Peninsula Gaming Company, LLC, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Iowa Department of Transportation: Notice' from the Iowa Department of Transportation regarding the condemnation of certain rights in land for the improvement of Highway 20, presented and read. Buol moved" that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Plat of Survey - Stierman Gardens: Zoning Advisory Commission recommending approval of the plat of survey of Stierman Gardens in Dubuque County, Iowa, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 270-05 RESOLUTION APPROVING THE PLAT OF SURVEY OF STIERMAN GARDENS IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Stierman Gardens in Dubuque County, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval endorsed there; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 3. That the Plat of Survey of Stierman Gardens 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 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 2004 Safe Schools Grant: City Manager transmitting information about the submittal of a Secure Our Schools Worksheet to the Office of Community Oriented Policing Services, U.S. Department of Justice, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. International Union of Operating Engineers: City Manager recommending approval of a tentative agreement with the International Union of Operating Engineers, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 271-05 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Legislative Correspondence: Communication to Senator Chuck Grassley, Senator Tom Harkin and Representative Jim Nussle regarding 252 Regular Session, June 20, 2005 funding of IA 32 (Southwest Arterial), presented and read. Buol moved that the communication be received and filed and approved letters. Seconded by Nicholson. Motion carried 7-0. East Central Intergovernmental Association: Communication to Kelley Deutmeyer, Executive Director of East Central Intergovemmental Association, advising that Economic Development Director David Heiar would be the City Manager's alternate on the ECIA Council, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Arts and Culture Grant Agreements: City Manager recommending approval of FY 2005 Arts and Culture Grants for Special Projects to Dubuque County Historical Society, Fly-By-Night Productions, Dubuque Symphony Orchestra and Dubuque Museum of Art, presented and read. Michalski moved that the communication be received and filed and approved recom- mendation. Seconded by Cline. Motion carried 7-0. Council Member Michalski requested a summary of the projects. Indian Room Rest Room Renovation Project: City Manager recommending acceptance of the Indian Room Rest Room Renovation Project as completed by Conlon Construction Company in the final contract amount of $34,574.45, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 272-05 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Indian Room Rest Room Renovation Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 20th day of June, 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. 273-05 FINAL ESTIMATE WHEREAS, the contract for the Indian Room Rest Room Renovation Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $34,754.45, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved an,d adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Tobacco Compliance - Civil Penalties for Tobacco Permit Holder: City Manager recommending acceptance and approval of the Acknowledgement/Settlement Agreement for Paro Food Mart and the assessment of a $300 penalty for tobacco compliance violations, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Brownfields Public Information Meeting: Notification of Public Information meeting on Tuesday, June 21, 2005 at 10:30 A.M. at the Port of Dubuque cleanup site, the parking lot east of the Diamond Jo Casino and south of the Grand Harbor Resort, to review cleanup activities associated with Port of Dubuque Brownfields Redevelopment Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Business License Refunds: Request of Dubuque Inn Corporation for a refund of their liquor license in the amount of $633.75 and of Michael's Bar-X for a refund in the amount of $633.75, presented and read. Buol moved that the communications be received and filed and approved refunds. Seconded by Nicholson. Motion carried 7-0. Business Licenses: Regular Session, June 20, 2005 253 RESOLUTION NO. 274-05 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 Bartinis on Main St DM Sports Bar 253 Main St Passed, approved and adopted this 20th day of June, 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. 275-05 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. 16 RENEWALS AW.N. Stop Mart Waseem Choudhry 1998 Jackson Cooper Management 299 Main St Diamond Jo. LLC 400 E. 3rd St Dubuque 3270 Dodge St Dubuque Discount 4110 Dodge St Family Mart 3201 Central Av Curtis Gerhard 2186 Central Av Rainbo Oil Company 1401 Central Av Rainbo Oil Company 2150 Twin Valley Rainbo Oil Company 2255 Kerper Blvd Rainbo Oil Company 2390 Central Av Rainbo Oil Company 2320 Hwy 61 Rainbo Oil Company 4039 Pennsylvania Rainbo Oil Company 2335 University Av Beverly Miller 2745 Dodge St Lee Potter Sr 408 W Locust St Bricktown Diamond Jo Casino Dubuque Discount Gas # 3 Discount Gas Dubuque Discount Gas Gas Family Mart, Inc Knickers Saloon Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Sid's Beverage West Locust Mart Passed, approved and adopted this 20th day of June, 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. 276-05 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 "B" BEER (5 - DAY SPECIAL EVENT) Rotary Club of Dubuque Rotary Club \Alliant Amphitheater CLASS "C" BEER PERMIT Dubuque Discount Gas Inc Dubuque Discount Gas # 3+(Sunday Sale) 3270 Dodge St Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 1401 Central Av Hartig Drug Co. Inc. Hartig Drug Company #2+(Sunday Sale) 157 Locust St Hy-Vee Inc. Hy-Vee Wine & Spirits+ (Sunday Sale) 3500 Dodge St "A" Passed, approved and adopted this 20th day of June, 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. 277-05 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE SMG Food & Beverage LLC Five Flags Center+(Sunday Sale) 405 Main St Diamond Jo LLC Diamond Jo Casino- Portside+(Sunday/Outdoor Sale) 400 E. 3rd St 254 Regular Session, June 20, 2005 Toreros Toreros+ (Sunday Sale) Pennsylvania American Legion Post # 6 American Legion # 6+(Sunday Sale) Delhi St Applebee's Corps Applebee's Grill/Bar+ (Sunday Sale) 1395 Associates Dr CLASS "B" WINE PERMIT Hy-Vee Inc. Hy-Vee Wine & Spirits 3500 Dodge "An Hartig Drug Co. Hartig Drug # 2 157 Locust St Passed, approved and adopted this 20th day of June, 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 Vacating Petition: City Manager recom- mending that a public hearing be set for July 5, 2005 to consider a request from Nathan Boyes to vacate a sanitary sewer easement over Lot 29 Emerald Acres No. 2 in the City of Dubuque, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 278-05 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE SANITARY SEWER EASEMENT OVER PART OF LOT 29 EMERALD ACRES NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Nathan Boyes is the current owner of Lot 29 Emerald Acres No.2; and Whereas, a sanitary sewer easement is currently platted on said lot; and Whereas, Nathan Boyes has petitioned to vacate a portion of the easement in said lot. 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 and vacate a portion of a sanitary sewer easement over Lot 29 Emerald Acres NO.2 in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution and set it for public hearing on 7/5/05 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. Comiskey Park Tennis Court I Skate Park Project: City Manager recommending initiation of the public bidding process for the Comiskey Park Tennis Court I Skate Park Project and that a public hearing be set for July 18, 2005, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 279-05 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 Comiskey Park Tennis Court/Skate Park Project, in the estimated amount of $65,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 280-05 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 Comiskey Park Tennis Court/Skate Park Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 18th day of July, 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 20th day of June, 2005. Terrance M. Duggan, Mayor Regular Session, June 20, 2005 255 Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 281-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Comiskey Park Tennis Court/Skate Park 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 7th day of July, 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 July, 2005. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Tri-State Industries: City Manager recommending Council approval to set a public hearing for July 5, 2005 to dispose of Lot 3 of Dubuque Industrial Center West 3rd Addition. to Heller Family Realty Co. for construction of a 50,000 square foot building for Tri-State Industries, presented and read. Markham moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 282-05 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER WEST BY SALE TO THE HELLER FAMILY REALTY COMPANY, LLC PURSUANT TO A DEVELOPMENT AGREEMENT. WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property), as shown on the Exhibit attached hereto consisting of 5.57 acres, more or less, the legal description of which is Lot 3 of Dubuque Industrial Center West 3rd Addition; and WHEREAS, City and the Heller Family Realty Company, LLC (Company) have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa pursuant to which City will sell the Property to Company; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of City to approve the Development Agreement, including conveyance of the Property to Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described property to the Heller Family Realty Company, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on City's intent to dispose of the foregoing-described Property, to be held on the 5th day of July, 2005, at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Park and Recreation Commission (Three 3- year terms through 6/30/08 - terms of Blocklinger, Daykin and Schrobilgen) Applicants: Tom Blocklinger, Evelyn Nadeau, Matthew Lundh, Richard Vorwald Evelyn Nadeau and Richard Vorwald spoke requesting consideration for appointment. TV Cable Community Teleprogramming Commission (One vacant 3-year term through 6/30/06, one vacant 3-year term through 3/30/07, three 3-year terms through 6/30/08 - terms of Everist, Hoverman and one vacant) Applicants: Pauline J. Maloney Pauline Maloney spoke requesting consideration for appointment. Zoning Advisory Commission (Three 3-year terms through 7/1/08 - terms of Christ, Schiltz and Smith) Applicants: Martha E. Christ, Richard J. Schiltz, Ron Smith No one spoke. Appointments to the following Boards / Commissions: Electrical Code Board (Five 3-year terms through 5/21/08 - Terms of Dixon, Hammel, Pfohl, Pregler, Reiss) Applicants: James Dixon, 256 Regular Session, June 20, 2005 Elaine Reiss Michalski moved that James Dixon and Elaine Reiss be reappointed to terms that will expire 7/1/08. Seconded by Connors. Motion carried 7-0. Historic Preservation Commission (Three 3- year terms through 7/1/08 - Langworthy District [Mozena], Architect/At-Large [Wand], and Old Main District [Berzins] Applicants: Christopher Wand, Mirdza Erika Berzins Markham moved that Christopher Wand and Mirdza Erika Berzins be reappointed to terms that will expire 7/1/08. Seconded by Connors. Motion carried 7-0. Investment Oversight Advisory Commission (One 3-year term through 7/1/08 - Term of Spielman) Applicant: Charles Spielman Markham moved that Charles Spielman be reappointed to a term that will expire 7/1/08. Seconded by Nicholson. Motion carried 7-0. Library Board of Trustees (Five 4-year terms through 7/1/09 - Felderman, Shubatt, Smith, Strom, Tully) Applicants: Diann Guns, Beverly Kolz, Michael Shubatt, Kristin Smith Michalski moved that appointments to this Board be tabled. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council. Seconded by Cline. Motion carried 6-0 with Nicholson briefly out of the room. 2635/2641 University Avenue - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2635/2641 University Avenue from R-1 Single- Family Residential District and R-2 Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District as requested by Paul Papin and Zoning Advisory Commission recommending approval; Communication of Vickie Hess submitting a petition with 36 names of neighbors objecting to the proposed rezoning of 2635/2641 University Avenue, citing heavier traffic and unsafe conditions and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2635/2641 University Avenue from R- 1 Single-Family Residential District and R-2 Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District, presented and read. Mr. Papin spoke stating he wanted to improve this property. Vickie Hess, 2661 University, spoke objecting to the proposed rezoning stating no one knows exactly what will be built there and a larger multi- plex would be detrimental to the residential neighborhood. Sue Faulkner, 2665 University; Beth Williams, 2645 University; Audrey Yarnell, 2653 University, and Sydney Johnson, 2666 Beverly, all spoke objecting to the proposed rezoning because of increased density and traffic. Nicholson moved to table action on this rezoning and directed Staff to work with Mr. Papin. Seconded by Michalski. Motion carried 7-0. 601 Garfield Avenue - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 601 Garfield Avenue from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District as requested by Scott Potter/Davis Place 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 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 601 Garfield Avenue from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 38-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 601 GARFIELD AVENUE FROM R-3 MODERATE DENSITY 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 Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-3 Moderate Density Multi-Family Residential District to OR Office Residential District, to wit: Lot 1 of Cook's Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Regular Session, June 20, 2005 257 Passed, approved and adopted this 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Lease Agreement between the City of Dubuque and Peninsula Gaming Company, L.L.C.; Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association, Ltd.; Settlement Agreement between Peninsula Gaming Company, L.L.C. and the City of Dubuque: Proof of publication on notice of hearing to consider approval of a lease agreement between the City of Dubuque and Peninsula Gaming Company, L.L.C. and the Second Amendment to Amended and Restated Lease Agreement between the City of Dubuque and Dubuque Racing Association and City Manager recommending approval and City Manager recommending approval of a Settlement Agreement between Peninsula Gaming Company, L.L.C. and the City of Dubuque, presented and read. Cline moved that the proof and communications be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 283-05 DISPOSING OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City of Dubuque, Iowa (City) owns certain real property which is leased to Dubuque Racing Association, L TD (Association), pursuant to an Amended and Restated Lease Agreement dated March 31, 2004, which includes Part B - Ground Lease For Parking And Dock Facilities In Ice Harbor For Riverboat Gambling; and Whereas, City and Association now desire to amend the Amended and Restated Lease Agreement as set forth in the attached Second Amendment, which among other matters, extends the term of the Lease for Parking and Dock Facilities from December 31, 2008 to December 31, 2018; and Whereas, on June 20, 2005, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Second Amendment to Amended and Restated Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the disposition of the City's interest in the foregoing-described real property pursuant to the Second Amendment to Amended and Restated Lease Agreement between City and Association attached hereto. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 284-05 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE AGREEMENT WITH PENINSULA GAMING COMPANY, L.L.C. Whereas, the City of Dubuque, Iowa (City) owns certain real property in the Ice Harbor, described as follows: The patio area (Parcel B) as shown on Exhibit A attached hereto, legally described as a part of Lot 6 of Ice Harbor Development, according to the recorded plat thereof; And Whereas, City has negotiated a Lease Agreement for such property with Peninsula Gaming Company, L.L.C. (Peninsula), a copy of which Lease Agreement is now on file at the Office of City Clerk, City Hall, 50 West 13th Street, Dubuque IA 52001-4864; and Whereas, the Lease Agreement also grants certain parking privileges to Peninsula for Parking Lots 1 and 2 shown on Exhibit A; and Whereas, the Lease Agreement also provides for the future disposition of the City's interest in Lot 2 of Adams Company 2nd Addition pursuant to an exchange of real property with Peninsula; and Whereas, on June 20, 2005, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque, Iowa, approves the disposition of its interest in the foregoing- 258 Regular Session, June 20, 2005 described real property by Lease Agreement between City and Peninsula. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 1501 West 32nd Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1501 West 32nd Street from AG Agricultural District to R-1 Single-Family Residential District as requested by Luksetich Spahn Development/Paul and Bernice Ehrlich 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. Brian Kane, Attorney for the applicant, stated this development is consistent with the Comprehensive Plan and traffic issues will be dealt with during the platting of the proposed single family lots. Paul Uhlrich, 489 Olympic Heights, spoke stating he was not against the rezoning but does object to the narrow Olympic Heights Road being used as an access to this large development. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1501 West 32nd Street from AG Agricultural District to R-1 Single-Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 39-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 1501 W 32ND STREET FROM AG AGRICULTURAL TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural District to R-1 Single-Family Residential District, to wit: Lot 1 of 1 of 1 of 1 Fred Ehrlich's Place, Balance SW K SW ~, Section 11, T89N, R2E and Lot 1 ~1~1~1~1~1~1~1~1~1~1SE 1/4 , SW ~ Section 11, T89N, R2E, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it'is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. 4310 Asbury Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 4310 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Kevin and Nancy Conlon and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof arid communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Kevin Conlon, 18710 Homestead Lane, spoke clarifying his request for rezoning, stating that all surrounding property was currently zoned C-3. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4310 Asbury Road from AG Agricultural District to C-3 General Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 40-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 4310 ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying Regular Session, June 20, 2005 259 the hereinafter-described property from AG Agricultural District to C-3 General Commercial District, to wit: Lot 2-1-1-1-1-1 SW ~ SW ~ Section 16, T89N, R2E, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. 2011/2015 Radford Road - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 2011/2015 Radford Road from R-1 Single- Family Residential District to C-2 Neighborhood Shopping Center District 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. Patricia Scott, 2015 Radford, spoke stating she is buying this property. for investment purposes. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2011/2015 Radford Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 41-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 2011 AND 2015 RADFORD ROAD FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-1 Single-F amily Residential District to OC Office Commercial District, to wit: Lot 1 of Lot 1 of Siegert Farms No.2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. . Passed, approved and adopted this 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Bergfeld Recreation Area Development: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Drew Cook and Sons Excavating in the amount of $469,524.60, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 285-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of May, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Bergfeld Recreation Area Development Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 260 Regular Session, June 20, 2005 That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 20th day of June, 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. 286-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Bergfeld Recreation Development Project pursuant to Resolution No. 222-05, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 20th day of May, 2005. Whereas, said sealed proposals were opened and read on the 9th day of June, 2005, and it has been determined that the bid of Drew Cook and Sons Excavating in the amount of $469,524.60 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 Drew Cook and Sons Excavating, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Industrial Center West - Third Addition - Contract B: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Dubuque Industrial Center West - Third Addition - Contract B to Horsfield Construction, Inc. in the amount of $2,299,055.55, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 287-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11 th day of May, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Industrial Center West 3rd Addition/Contract B - Paving, Drainage, and Utilities 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 CTY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and'approved this 20th day of June, 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. 288-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Dubuque Industrial Center West 3rd Addition/Contract B - Paving, Drainage, and Utilities Project pursuant to Resolution No. 225-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 17th day of May, 2005. Whereas, said sealed proposals were opened and read on the 9th day of June, 2005, and it has been determined that the bid of Horsfield Construction, Inc. of Epworth, Iowa in the amount of $2,299,055.55 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 Horsfield Construction, Inc., subject to the concurrence by the Iowa Department of Transportation, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Regular Session, June 20, 2005 261 Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. 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 Dubuque County Extension Director: Communication from Nancy Everman, Dubuque County Extension Director, requesting to address the Council regarding Dubuque County Extension programming within the City and County, presented and read. Ms. Nancy Everman spoke of their active programs within the City. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Dubuque Health and Fitness: Communication from Jean Daoud, President of Dubuque Health and Fitness, requesting to make a brief information presentation to the City Council. Jean Daoud, 396 Moore Heights, spoke of Dubuque Health and Fitness. Michalski moved to receive and file the communication and refer to the City Manager. Seconded by Nicholson. Motion carried 7-0. Chaplain Schmitt: Communication from Walter A. Pregler regarding relocation of the Chaplain Schmitt memorial, presented and read. Michalski moved to receive and file the communication and refer to the City Manager. Seconded by Nicholson. Motion carried 7-0. 4616 Asbury Road Request to Rezone - Tabled on 2/21/05 & 3/7/05: Mayor Duggan turned the meeting over to Mayor Pro-Tem Connors due to possible conflict of interest. Buol moved that the following be removed from the table. Seconded by Nicholson. Motion carried 6-0. Communication of Chuck Nauman requesting that his rezoning request for 4616 Asbury Road be added to this Agenda; Consideration of rezoning property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District as requested by Chuck Nauman/Maxine Roussel and Zoning Advisory Commission recommending approval; Communication from Timothy J. Quagliano clarifying his position on rezoning of land located at 4616 Asbury Road and Communication from Tim Quagliano regarding the proposed rezoning and access to the parcel of property to be rezoned, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 6-0. Chuck Nauman spoke clarifying his request for the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4616 Asbury Road from AG Agricultural District to C-3 General Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 42-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 4616 ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural District to' C-3 General Commercial District, to wit: Lot 1 of 2 of 1 SW Y. SW Y. Section 16, T89N, R2E, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. 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 returned and took control of the meeting. Bergfeld Farm Rezoning: Communication from Tom Bitter, representing Allen Lex, Lloyd Steffen 262 Regular Session, June 20, 2005 and Elaine White, regarding the Bergfeld Farm rezoning, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0 with Nicholson temporarily out of the room. Final Plat - Furuseth's Sixth Subdivision: City Manager recommending approval of the final plat of Furuseth's Sixth Subdivision located in Dubuque County, Iowa, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 6-0 with Nicholson temporarily out of the room. RESOLUTION NO. 289-05 RESOLUTION APPROVING THE FINAL PLAT OF FURUSETHS' SIXTH SUBDIVISION IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Furuseth's Sixth Subdivision; and Whereas, the Final Plat of Furuseth's Sixth Subdivision provides 40 feet of frontage for Lot 15, where 50 feet is required, and that Lots 23 and 25 are double frontage lots, where such lots are prohibited unless one frontage is an arterial street without access rights, as required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. The Final Plat Furuseth's Sixth Subdivision provides 40 feet of frontage for Lot 15, where 50 feet is required, and that Lots 23 and 25 are double frontage lots, where such lots are prohibited unless one frontage is an arterial street without access rights, as required by Section 42-19(b) of the Subdivision Regulations Section 3. That the Final Plat of Furuseth's Sixth Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct street improvements and storm sewers in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the street improvements and storm sewers constructed as part of Furuseth's Sixth Subdivision until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 4. That in the event Leslie I. and Patricia F. Furuseth fail to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 20th day of June 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 289-05 We, the undersigned, Leslie I. "and Patricia F. Furuseth, having read the terms and conditions of the Resolution No. 289-05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day 20th of June 2005. Isl Leslie I. Furuseth Isl Patricia F. Furuseth Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0 with Nicholson temporarily out of the room. Purchase of Property - 409 Burch Street: City Manager recommending that the property at 409 Burch Street be declared a public nuisance and the City begin steps to acquire the property and Corporation Counsel providing background information on property at 409 Burch St., presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 290-05 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 409 BURCH STREET, DUBUQUE, IOWA, OWNED BY JOHN WHITE Whereas, John White (Owner) is the owner of the real property at 409 Burch Street legally described as follows (the Property): Lot 4 in Geo. B. Burch's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof; And Whereas, the City Council finds that the Property constitutes a public nuisance; and Whereas, the City of Dubuque (City) intends to acquire the Property for the purpose of abating the public nuisance as authorized by Iowa Code ~ 364.12A; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with Owner Regular Session, June 20, 2005 263 to purchase the Property before proceeding with condemnation; and Whereas, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and Whereas, City has caused an appraisal of the Property to be made and the appraised value of the Property is $21,000.00; and Whereas.. the City Council now desires to establish the fair market value of the Property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Property at 409 Burch Street is hereby declared to be a public nuisance. 2. The fair market value of the Property is hereby established to be $21,000,00. 3. The City Manager and the Corporation Counsel are hereby authorized to commence negotiations with Owner of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Sidewalk Cafe Ordinance (First Reading on June 6, 2005): Communication of Public Health Specialist submitting additional Sidewalk Cafe information, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Chapter 41 Streets, Sidewalks and Other Public Places of the City of Dubuque Code of Ordinances, said Ordinance having been presented and read at the Council Meeting of 6/6/05, now presented for further action. OFFICIAL PUBLICATION ORDINANCE NO. 43-05 AMENDING CHAPTER 41 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES OF THE CITY OF DUBUQUE CODE OF ORDINANCES NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. Chapter 41 of the City of Dubuque Code of Ordinances is hereby amended as follows: Sec. 41-182 (a) is amended to read as follows: A sidewalk cafe area shall not extend onto the sidewalk in a manner that will not allow a minimum of four feet (4') of unobstructed sidewalk adjacent to the street for pedestrian use. Sec. 41-182 (d) is amended to read as follows: Any table, chairs, and other items that are used outdoors shall be secured within the sidewalk cafe area at the end of each day's operation of the sidewalk cafe area so that they are unusable and do not block or obstruct emergency exits from any building, Sec. 41-185 (d) is amended to read as follows: The operation of the sidewalk cafe shall not obstruct the pedestrian right of way adjacent to the sidewalk cafe area. No sidewalk cafe furniture or barricade shall be placed closer than four feet (4') to a street, light pole, meter pole or other infrastructure so as to create an unobstructed route of less than four feet (4') in width. The sidewalk cafe shall be enclosed by a barricade not less than thirty (30") inches high and not more than forty (40") inches high. A sidewalk cafe shall remain within the approved boundaries of the sidewalk cafe area as shown on the restaurant owner's application. Passed, approved and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. National and Burlington Streets - Stop Signs: City Manager recommending approval of the installation of a stop sign for westbound traffic on National Street at its intersection with Burlington Street in response to a citizen request but not recommending any changes for the intersection of National Street and Muscatine Street, presented and read, Buol moved that the communication be received and filed. Seconded by Connors, Motion carried 7-0. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on National Street at Burlington Street, presented and read. ORDINANCE NO. 44-05 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF 264 Regular Session, June 20, 2005 SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN ON NATIONAL STREET AT BURLINGTON 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 adding National Street and Burlington Street to Subsection (b) of Section 32-214 thereof as follows: Sec. 32-214. Stop Intersections. (b) * * * WESTBOUND National Street and Burlington Street Passed, approved, and adopted this 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of June, 2005. Jeanne F. Schneider, City Clerk 1 t 6/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion carried 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Work Session for Update of Zoning and Subdivision Ordinance: City Manager recommending selection of date and time for a Work Session for an update of the Zoning and Subdivision Ordinance, presented and read. Michalski moved that the communication be received and filed and set the date of the Work Session for 8/8/05 at 5:30 P.M. Seconded by Nicholson. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Michalski reported that Tara Nelson and Matt Cornwall received the CommUNITY Award at the recent Diversity Conference. PUBLIC INPUT Sr. Mary Patricia Conlon, Administrator of Ecumenical Towers, spoke of concerns with the traffic patterns on Sixth Street. There being no further business, Nicholson moved to adjourn. Seconded by Connors. Motion carried 7-0. The meeting adjourned at 8:48 P.M. /s/ Jeanne F. Schneider City Clerk 1 t 6/29 APproved:(~~ .3 Adopted (7~~ -g 2005 2005 Special Session, June 27, 2005 265 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, June 27, 2005 Council met at 5:15 p.m., City Hall Conference Room B Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen Mayor Duggan read the call and stated this was a Special Session of the City Council called for the purpose of conducting a closed session in accordance with Chapter 21.5(1)(i) of the Code of Iowa. Council moved into Closed Session in accordance with Ch. 21.5 1 (i) 2003 Code of Iowa, to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and or irreparable injury to that individual's reputation and that individual has requested a Closed Session. City Manager Van Milligen left the Closed Session at 6:00 p.m. Council reconvened in Regular Session at 6:07 p.m., indicating the evaluation had been completed. There being no further business, Connors moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 6:07 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 7/6 Approved: (:;'~.3 AdoPtedQ-~ j' 2005 2005 Mayor