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2005 October Council Proceedings Regular Session, October 3, 2005 365 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Monday, October 3, 2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Connors, Council Members Buol, Cline, Markham, Michalski, Nicholson, City Manage Michael Van Milligen, Corporation Counsel Lindahl Absent: Mayor Duggan Mayor Pro-Tem Connors read the call and stated this is a regular session of the City Council called for the purpose of discussion such matters which may properly come before the Council. Invocation was given by Reverend Dr. Craig Nesson, Academic Dean, Wartburg Theological Seminary. Proclamations: Disability Employment Aware- ness Month (October 2005) received by Earl Brimeyer of Area Residential Care; Bipolar Disorder Awareness Day (October 6, 2005) received by Pat Balvanz; White Cane Safety Day (October 15, 2005) received by Shirley Conrad; Make a Will Month received by Dave Schmitz, Susan Henricks and Ric Jones; and Trick or Treat Night (October 31, 2005). CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/18 and 8/23; City Council of 9/19 and 9/28; Five Flags Commission of 8/15; Housing Commission of 8/23 and 9/14; Library Board of 8/31; Mechanical Board of 9/20; Park and Recreation Commission of 9/13; Zoning Board of Adjustment of 9/22, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion carried 6-0. Proofs of pubiication of City Council proceedings of September 6, 7, 8 and 12, 2005, presented and read. Buol moved that the proofs be received and filed. Seconded by Cline. Motion carried 6-0. Printed Council Proceedings for June, 2005, presented and read. Buol moved that the communication be received and filed and approved as printed. Seconded by Cline. Motion carried 6-0. Notice of Claims/Suits: Barbara Johns for vehicle damage, Dave Lynn for property damage, Steven K. and Leslie E. Neyens for property damage, presented and read. Buol moved that the communications be received and filed and referred to Legal for investigation. Seconded by Cline. Motion carried 6-0. Corporation Counsei advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Donnabelle Kramer for personal injury/property damage; Barbara Johns for vehicle damage, upon motion received and filed and concurred. Corporation Counsel recommending settle- ment of the claim of Dave Lynn for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communications be received and filed and concurred and Finance Department to issue payment. Seconded by Ciine. Motion carried 6-0. Iowa 32 Bike / Hike Trail: City Manager recommending approval of the submission of a SAFE-TEA grant application for funds to complete phase two of the Iowa 32 (Northwest Arterial) bike/hike trail, presented and read. Buol moved that the communication be received and filed. Seconded by Ciine. Motion carried 6- O. RESOLUTION NO: 452-05 RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR STATEWIDE TRANSPORTATION ENHANCEMENTS FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE DUBUQUE HERITAGE TRAIL EXTENSION: PHASE 2 OF THE IOWA 32 (NORTHWEST ARTERIAL) BIKE/HIKE TRAIL PROJECT Whereas, the Iowa Department of Transportation has announced the availability of Statewide Transportation Enhancements Funding; and Whereas, pedestrian and bicycle facilities are eligible activities for this funding; and Whereas, design, engineering and construction costs are eligible for this funding; and Whereas, the City has adopted a Comprehensive Plan that identified a community-wide bike/pedestrian network that includes extension of the Dubuque Heritage Trail along Iowa 32 (Northwest Arterial). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this application to the Iowa Department 366 Special Session, September 12, 2005 of Transportation for Statewide Transportation Enhancements Funding for the Dubuque Heritage Trail Extension: Phase 2 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this program. Section 3. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended public use for a minimum of twenty (20) years following the project. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed budget. Passed, approved and adopted this 3" day of October 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Ice Harbor Marina Project - Boating Infrastructure Grant: City Manager recommending approval of an application for Tier 1 of the Boating Infrastructure Grant Program (BIGP) for the Ice Harbor Marina Project at the Port of Dubuque, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. America's River Museum - EDI Special Purpose Grant: City Manager recommending approval of a resolution authorizing the closeout of the Economic Development Initiative (ED I) special project grant from the U.S. Department of Housing and Urban Development for the America's River Museum on behalf of the Dubuque County Historical Society, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 453-05 A RESOLUTION PROVIDING FOR CLOSEOUT OF THE ECONOMIC DEVELOPMENT INITIATIVE (EDI) SPECIAL PROJECT GRANT NO. B-02-SP-IA-0178 FOR THE AMERICA'S RIVER MUSEUM ON BE- HALF OF THE DUBUQUE COUNTY HISTORICAL SOCIETY. Whereas, the U.S. Department of Housing and Urban Development awarded the EDI Special Project Grant No. B-02-SP-IA-0178 for $1,000,000 to the City of Dubuque for work associated with the America's River Museum; and Whereas, the Dubuque County Historical Society, the sub-grantee for said project, has utilized the grant funds for development of the museum and has expended the $1,000,000 as per the sub-grantee contract dated July 1, 2002. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the Certificate of Project Completion and Grant Closeout Agreement for the Economic Development Initiative (EDI) Special Project Grant No. B-02-SP-IA-0178 for the America's River Museum. Section 2. That the Mayor is hereby authorized and directed to execute and submit said closeout forms to the U. S. Department of Housing and Urban Development together with such documents as may be required. Passed, approved and adopted this 3rd day of October 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Dubuque County Conservation Society: Communication from David W. Leifker, Dubuque County Conservation Society, requesting that the green space along Southern Avenue be preserved and not sold off as building lots and questioning future plans for Maus Park, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 6-0. Drug Awareness Resistance Education (DARE) Contract: City Manager recommending approval of the Drug Awareness Resistance Education (DARE) contract between the City of Dubuque, Dubuque Community Schools and Holy Family Catholic Schools for the Fiscal Year 2005/2006 school year, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. School Resource Officer (SRO) Agreement: City Manager recommending approval of an agreement between the Police Department and the Dubuque Community School District regarding the duties and responsibilities of the Dubuque Police School Resource Officers, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. Pennsylvania Avenue / Radford Road Sidewalk Installation Project - Final Schedule of Assessments: City Manager recommending Regular Session, October 3, 2005 367 approval of the final assessment schedule for the Pennsylvania Avenue I Radford Road Sidewalk Installation Project, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 454-05 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE PENNSYLVANIA AVENUE RADFORD ROAD SIDEWALK INSTAllATION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICAllY, THE NUMBER OF ANNUAL INSTAllMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON All UNPAID INSTAllMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the accompanying final schedule of assessments to be made for the construction of the Pennsylvania Avenue - Radford Road Sidewalk Installation Project under contract with Skyline Construction of Zwingle, Iowa, for which the final schedule of assessments were filed in the office of the City Clerk on the 3" day of October, 2005, the said sChedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13~ Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk PENNSYLVANIA AVENUE AND RADFORD ROAD FINAL SCHEDULE OF VAlUATON AND PROPOSED ASSESSMENTS SIDEWALK INSTALLATION ASSESSMENT PROJECT OWNER PARCEL NO. LOCATION LEGAL SIDEWALK UNIT TOTAL ASSESS. Scott, Patricia 10 20 326 009 2011 Radford Rd L 2-1 Siegert Farms #2 163.19 $2,277.00 Scott, Patricia 10 20 326 008 2015 Radford Rd l 1-1 Siegert Farms #2 129.54 $2,403.50 TOTAL NET ASSESSMENT $4,680.50 Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Third Street Overpass Decorative Railing Project: City Manager recommending approval to modify the Riverwalk railing design for the Third Street Overpass Decorative Railing Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. Bee Branch Creek Restoration Project - Commercial Property Acquisition: City Manager recommending approval of the selection of Graham Land Acquisition Associates as the consultant for the commercial property acquisition south of 16'h Street associated with the Bee Branch Creek Restoration Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. 368 Special Session, September 12, 2005 Birch Street Housing Update (Tabled on September 6, 2005): City Manager submitting an update on the property located at 409 Burch Street and recommending that this item be re- tabled to November 7, 2005, presented and read. Buol moved that the communication be received and filed and tabled to 11/7/05. Seconded by Cline. Motion carried 6-0. National Register of Historic Places Nomination: Historic Preservation Commission recommending approval of the nomination of Dubuque Casket Company at 1798 Washington Street to the National Register of Historic Places, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. US 20 Improvements - ICAAP Funding: City Manager recommending approval of the submission of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program for funding of the City of Dubuque Traffic Signal Improvements Priority 2, 3, and 4 - US 20 (Devon Drive to Menards), presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 455-05 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FUNDING OF CITY OF DUBUQUE TRAFFIC SIGNAL IMPROVEMENTS PRIORITY 2, 3, AND 4 (US 20 - DEVON DRIVE TO MENARD'S) Whereas, the Iowa Transportation (Iowa DOT) available for projects to emissions; and Whereas, delay along the US Highway 20 and IA 32 (Northwest Arterial) causes traffic congestion, which produces excessive levels of vehicle emissions; and Whereas, City of Dubuque Traffic Signal Improvements Priority 2, 3, and 4 (US 20 - Devon Drive to Menards) has been developed which will reduce congestion and vehicle emissions along the Highway 20 Corridor in Dubuque; and Whereas, the Iowa Clean Air Attainment Program Funds will be required to complete said traffic for City of Dubuque Traffic Signal Improvements Priority 2, 3, and 4 (US 20 - Devon Drive to Menards). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Department of has made funds reduce vehicle Staff is authorized to submit an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funds. Staff is authorized to file any additional documentation that is required by the Iowa Department of Transportation. The City agrees to maintain and operate City of Dubuque Traffic Signal Improvements Priority 2, 3, and 4 (US 20 - Devon Drive to Menards) for public use during the project's useful life if funding is approved. The City of Dubuque, iowa agrees to commit the necessary $113,521.00 of the total cost of $567,605.00 for project implementation. That the Mayor is authorized to sign the necessary application form and subsequent grant contracts with the Iowa Department of Transportation. Passed, approved and adopted this 3'. day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 8uol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Hwy 151/61 and Maquoketa Drive Intersection - ICAAP Funding: City Manager recommending approval of an application to the Iowa Department of Transportation for Iowa Clean Air Attainment Program funds for the US Highway 151/61 and Maquoketa Drive Intersection Improvement Project, presented and read. 8uol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 456-05 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) FUNDING OF CITY OF DUBUQUE US HIGHWAY 151/61 AND MAQUOKETA DRIVE INTERSECTION IMPROVEMENT PROJECT Whereas, traffic congestion problems occur at the intersection of US Highway 151/61 and Maquoketa Drive in the City of Dubuque that could be improved by intersection and traffic signal improvements; and Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended in a Traffic Engineering Assistance Program (TEAP) Study completed in 2004, will increase traffic flow, thereby reducing vehicle emissions caused by vehicle delay; and Whereas, the Iowa Department of Transportation provides, on a competitive basis, funds for transportation projects that address congestion problems and provide air quality improvements; and Whereas, the City of Dubuque is willing to commit the necessary iocal matching funding for project implementation and upon completion, in Regular Session, October 3, 2005 369 cooperation with the Iowa Department of Transportation, be responsible for adequately maintaining and operating the project for public use during the project's useful life. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City makes application to the Iowa Department of Transportation for funds through the Iowa Clean Air Attainment Program to fund the intersection and traffic signal improvements at the US Highway 151/61 and Maquoketa Drive intersection. Passed and approved this 3'. day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. IA 32 (Southwest Arterial) RISE Application: City Manager recommending approvai of an updated RISE application for IA 32 (Southwest Arterial) in the amount of $12,000,000, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO, 457-05 A RESOLUTION AUTHORIZING THE FILING OF AN AMENDMENT TO A RISE APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR IOWA HIGHWAY 32 (SOUTHWEST ARTERIAL) Whereas, the City Council of Dubuque, Iowa has identified the completion of Iowa Highway 32 (Southwest Arterial) as the City's number one transportation priority, and Whereas, the Iowa Department of Trans- portation has funding available through the Revitalize Iowa's Sound Economy (RISE) to assist the State of Iowa in design and construction of Highway 32, and Whereas, an application has been approved by resolution #232-03 for RISE funding in the amount of$10 Million. Whereas, costs for the project have recently been updated, and an updated application has been prepared; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of the attached updated application for $12,000,000 of RISE funding for the Iowa Highway 32 project is hereby approved. Section 2. That the Mayor is hereby authorized to execute, and the City Manager is hereby directed to submit said updated information to the Iowa Department of Transportation, together with other attachments as may be required. Passed, approved, and adopted this 3rd day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Granger Creek Interceptor Sewer Extension: Revised notice to property owners impacted by the Granger Creek Interceptor Sewer Extension Project, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: Third Street Overpass Decorative Railing Project; Port of Dubuque Recognition Wall Project; Cedar Street and Dog Track Wastewater Pump Station Rehabiiitations; Five Flags Center HVAC - Phase II Project, presented and read. Buol moved that the communications be received and filed and approved contracts and bonds. Seconded by Cline. Motion carried 6-0. Business Licenses: RESOLUTION NO. 458-05 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 Walgreens # 09708 Walgreen Co. 55 JFK Rd Passed, approved and adopted this day 3rd of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Cieri< Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 459-05 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 "CO BEER PERMIT 370 Special Session, September 12, 2005 Rainbo Oil Company Kwik Stop Food Mart+ (Sunday Sale) 2360 Central Ave Molo Oil Company Puff n Snuff+ (Sunday Saie) 1101 Rhomberg Ave Passed, approved and adopted this 3rd day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 460-05 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 "B" L1QUOR(HOTEUMOTEL) Dubuque Casino Hotel, LLC Hilton Garden / Houlihan's+(Sunday/Outdoor) 1795 Greyhound Prk CLASS "Co BEER/LIQUOR LICENSE Carlos O'Kelly's Carlos O'Kelly's Mexican Cafe 1355 Associates One Flight Up One Flight Up+ (Sunday Sale) 44-48 Main St Cafe Manna Java, LLC Cafe Manna Java+ (Sunday/Outdoor Sale) 269 Main St Dog Gone, Inc. Dog House Lounge+ (Sunday/Outdoor Sale) 1646 ASbury Rd Knickers Saloon Knickers Saloon (1-Day Outdoor Sale) 2186 Central-Prk Lot Passed, approved and adopted this day 3rd of, October 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: Zoning Advisory Commission (One 3-year term through 7/1/06) Applicants: Kenneth Bichell, Matthew Lundh, Darren D. White; Darren White spoke requesting consideration for appointment. Appointments to the following Boards / Commissions: Environmental Stewardship Advisory Board (One 1-year youth term; two 3-year terms through 10/1/08 - terms of Klostermann and O'Toole); Applicants: Youth - Kirsten Berg and Claire Miller; Wayne Kiostermann and Mary Clare O'Toole Markham moved that Wayne Klostermann and Mary Clare O'Toole be reappointed to three year terms which will expire 10/1/08. Seconded by Cline. Motion carried 6-0. Vote on the appointment for the Youth term: Buol voted for Miller; Cline voted for Berg; Connors voted for Berg; Markham voted for Miller; Michalski voted for Miller; Nicholson voted for Miller. Therefore, Claire Miller appointed to a one year term for the Youth position which will expire 6/1/06. PUBLIC HEARINGS Markham moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. Vacating Petition - Stewart Street: Proof of publication on notice of hearing to consider a request from Richard Hartig, representing Grandview University LLC, and John E. Knox, representing The Finley Hospital, to vacate and dispose of a portion of Stewart Street, a portion of North Grandview Avenue, and portions of adjacent alleys between Delhi Street and University Avenue and City Manager recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 461-05 RESOLUTION VACATING A PORTION OF NORTH GRANDVIEW AVENUE NORTH OF DELHI STREET Whereas, Grandview University, LLC and The Finley Hospital have requested the vacating of a portion of North Grandview Avenue north of Delhi Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of North Grandview Avenue north of Delhi Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2 of 1 of Rigi Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of North Grandview Avenue north of Delhi Street is no longer required for public use, and that existing utilities and associated curbing will be relocated at the expense of Grandview University, LLC and The Finley Hospital and vacating of said portion of North Grandview Regular Session, October 3, 2005 371 Avenue north of Delhi Street known as Lot 2 of 1 of Rigi Subdivision No.2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 of 1 of Rigi Subdivision No.2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The relocation of all utiiities and curbing along the east side of North Grandview Avenue as indicated on an approved site plan affected by the vacating of a portion of North Grandview Avenue north of Delhi Street be engineered, constructed, and Inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. Passed, approved and adopted this 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 462-05 RESOLUTION VACATING A PORTION OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVENUE Whereas, Grandview University, LLC and The Finley Hospital have requested the vacating of a portion of North Grandview Avenue south of University Avenue; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of North Grandview Avenue south of University Avenue and assigned lot numbers thereto, which hereinafter shall be known and described Lot 2 of Grandview University Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of North Grandview Avenue south of University Avenue is no longer required for public use, and that existing utilities and associated curbing will be relocated at the expense of Grandview University, LLC and The Finley Hospital and vacating of said portion of North Grandview Avenue south of University Avenue known as Lot 2 of Grandview University Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 of Grandview University Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The relocation of all utilities and curbing along the east side of North Grandview Avenue as indicated on an approved site plan affected by the vacating of a portion of North Grandview Avenue south of University Avenue be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. Passed, approved and adopted this 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 463-05 RESOLUTION VACATING THE REMAINING UNVACATED 12-FOOT ALLEY EAST OF NORTH GRANDVIEW AVENUE BETWEEN DELHI STREET AND UNIVERSITY AVENUE Whereas, Grandview University, LLC and The Finley Hospital have requested the vacating of the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Councii a plat showing the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the remaining unvacated 12-foot alley east of North Grandview Avenue between Delhi Street and University Avenue is no longer required for public use, and that existing utilities and associated curbing will be relocated at the expense of Grandview University, LLC and The Finley Hospital and the remaining unvacated 12- foot alley east of North Grandview Avenue between Delhi Street and University Avenue known as Lot A of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot A of Loetscher and Truebs Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The relocation of all utilities and curbing along the east side of North Grandview Avenue as indicated on an approved site plan affected by the vacating of the remaining unvacated 12-foot alley east of North Grandvlew Avenue between Delhi Street and University 372 Special Session, September 12, 2005 Avenue be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. Passed, approved and adopted this 3'" day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 464-05 RESOLUTION VACATING A PORTION OF STEWART STREET AND ADJACENT ALLEYS SOUTH OF UNIVERSITY AVENUE Whereas, Grandview University, LLC and The Finley Hospital have requested the vacating of a portion of Stewart Street and adjacent aileys south of University Avenue; and Whereas, i1W Engineers & Surveyors, PC has prepared and submitted to the City Councii a plat showing the vacated a portion of Stewart Street and adjacent aileys south of University Avenue and assigned lot numbers thereto, which hereinafter shail be known and described as Lots B, C, and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Stewart Street and adjacent aileys south of University Avenue are no longer required for public use, and that existing utilities will be relocated at the expense of Grandview University, LLC and The Finley Hospital and vacating of said portion of Stewart Street and adjacent aileys south of University Avenue known as Lots B, C, and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots B, C, and D of Loetscher and Truebs Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The relocation of all utilities affected by the vacating of a portion of Stewart Street and adjacent aileys south of University Avenue be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital in accordance with City of Dubuque Standards and Specifications. Passed, approved and adopted this 3'. day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO, 465-05 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2 OF GRANDVIEW UNIVERSITY PLACE, LOT 2 OF 1 OF RIGI SUBDIVISION NO.2, AND LOT A AND LOT B OF LOETSCHER AND TRUEBS SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, pubiished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 23rd day of September, 2005, the City Council of the City of Dubuque, Iowa met on the 3rd day of October, 2005, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, iowa to consider the proposal for the sale of reai estate described as: Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and ail objections, oral or written to the proposal to seil such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa to Grandview University, LLC be and the same is hereby approved for the sum of $69,191.54 plus cost of publication, piatting and filing fees. Conveyance shail be by Quit Claim Deed. Section 2. The relocation of ail utiiities and curbing along the east side of North Grandview Avenue as indicated on the approved site plans affected by the vacating of a Lot 2 of Grandview University Place, Lot 2 of 1 of Rigi Subdivision No.2, and Lot A and Lot B of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa be engineered, constructed, and inspected at the expense of Grandview University, LLC and The Finley Hospital, in accordance with City of Dubuque Standards and Specifications. - Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Grandview University, LLC upon receipt of the purchase price in full. Section 4. That the City Cierk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Regular Session, October 3, 2005 Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 3rd day of October, 2005. Joyce E. Connors, Mayor Pro- Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 466-05 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS C AND D OF LOETSCHER AND TRUEBS SUBDIVISION IN THE CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 23"' day of September, 2005, the City Council of the City of Dubuque. Iowa met on the 3" day of October. 2005, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 373 Section 1. That the saie of City of Dubuque real property described as Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque. Dubuque County, Iowa to The Finley Hospital be and the same is hereby approved for the sum of $30,808.46 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The reiocation of all utilities affected by the vacating of Lots C and D of Loetscher and Truebs Subdivision in the City of Dubuque, Dubuque County, iowa be engineered, constructed. and inspected at the expense of Grandview University. LLC and The Finley Hospital, in accordance with City of Dubuque Standards and Specifications. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to The Finley Hospital upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor. Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 3" day of October. 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC. City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Fiscal Year 2006 Budget Amendment: Proof of publication on notice of hearing to consider the first amendment to the Fiscal Year 2006 budget and City Manager recommending approval. presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. 374 Special Session, September 12, 2005 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of DUBUaue County, Iowa: The City Coundl of DUBUQUE in said County/Counties met on October 3. 2005 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, If any. thereupon, the following resolution was Introduced. RESOLUTION No. 467-05 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE ASCAL YEAR ENDING JUNE: 2006 (AS AMENDED LAST ON .) Be "Resotved by the Council of the City of ' DUBUQUE Section 1. Following notice published Seotember 21, 2005 and the public hearing held, October 3, 2005 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Revenues & Other Financing Sourcu T_Lev\8don 1 Less:Unoollectted TBll85-l.8vyV", 2 Net CUnwnt Property Tu" 3 Dell P Taxes 4 TIFRevenu8lI 5 Other T_ 6 llc8nsn&PennllI 7 Use of andP 8 ,""" 9 Charges for Servlees 10 S AssesBrnenlS 11 Mlscelaneous 12 OIherFlnencI Sources 13 otal Rnfil.... and Other Sou"*, 14 Current Amendment 0 0 15,500,377 15,500,377 0 0 3,500,451 3,500,451 10,741,021 10,741,021 2,859,547 2,859,547 17,309,936 17,298,841 26,264,876 43,202,112 21,391,088 21,560,443 955,734 1,435,705 3,839,766 4,581,666 44,436,162 61,649,662 146,798,958 182,329,825 9,246,015 290,245 9,536,260 761 ,893 131,160 893,053 8,097,898 143,818 8,241,716 9,537,126 266,326 9,803,452 4,635,891 59,046 4,694,937 2,864,911 0 2,864,911 30,950,490 23,511,858 54,462,348 85,442,179 24,582,284 110,024,463 30,297,467 20,781,993 51,079,460 115,739,646 45,364,277 161,103,923 33,098,612 23,108,500 56,207,112 148,838,258 68,472,777 217,311,035 0 NIA 0 17,781,002 32,941,910 50,722,912 15,741,702 0 15.741,702 day of October, 2005 (-.ItlIV_J 6. ~ ~rl' SignlIl\IrIl Mayor Pro-Tern Expendltu.... & Other Financing U... Pubic 15 Publk:WOI'ks 16 Health eoo Sodal Services 17 ClMure eoo RecreatIon 18 Commu and Economic Development 19 GenBnIl Government 20 DllbtServIce 21 Co """"" 22 Total Government AdlvItiBs Expenditures 23 BuslnessT IE rIsIiI$ 24 obi Gov ActIYttles & Bu.lneu Exptndlturn 25 Tral'lSflilrsOut 26 TotIIl bpmdlturHITran."" Out 27 beess R.v.n.... & Oth... Souren Ovsr (Und.r) ExpsndlturulTranshtrs Out Fiscal VN' 28 Contlnul roprlstlon 29 B Inning Fuoo Belanr;:e July 1 30 Endlnll Fund S.llnctl Jun. SO 31 ~.. . ~.:22) 3<d .~/~ . .." "",."" ettyCleOO'Fll'\llnr;:eQfficer Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Regular Session, October 3, 2005 375 North Grandview Sanitary Sewer and Water Main Installation Project: Proofs of publication on notice to bidders and notice of hearing to consider the plans and specifications for the North Grandview Sanitary Sewer and Water Main installation Project and City Manager recommending award of the contract to Connolly Construction in the amount of $226,161 and approval to increase the financial assistance to the developer to $78,001, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 468-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31" day of August, 2005, plans, specifications, forrr of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the North Grandview Estates - Sanitary Sewer & Water Main 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 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tern Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 469-05 AWARDING CONSTRUCTION CONTRACT FOR THE WATERMAIN PORTION OF THE NORTH GRANDVIEW ESTATES - SANITARY SEWER & WATERMAIN PROJECT Whereas, sealed bid proposals have been submitted by contractors for the watermain portion of the North Grandview Estates - Sanitary Sewer & Watermain Project pursuant to Resolution No. 415-05 and notice to bidders published in a newspaper eublished in the City of Dubuque, Iowa on the g h day of September, 2005. Whereas, said sealed proposals were opened and read on the 22"d day of September, 2005, and it has been determined that the bid of Connolly Construction of Peosta, Iowa, in the amount of $78,001.00 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 Connolly 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 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tern Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 470-05 APPROVING CONSTRUCTION CONTRACT WITH CONNOLLY CONSTRUCTION FOR THE WATERMAIN PORTION OF THE NORTH GRANDVIEW ESTATES - SANITARY SEWER & WATERMAIN PROJECT Whereas, the City Council by Resolution No. 469-05 awarded the construction contract for the watermain portion of the North Grandview Estates - Sanitary Sewer & Watermain Project to Connolly Construction; and Whereas, Connolly Construction has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tern Attest: Jeanne F. Schneider, CMC, City Clerk Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 471-05 AWARDING CONSTRUCTION CONTRACT FOR THE SANITARY SEWER PORTION OF THE NORTH GRANDVIEW ESTATES - SANITARY SEWER & WATERMAIN PROJECT Whereas, sealed bid proposals have been submitted by contractors for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer & Waterrrain Project pursuant to Resolution No. 415-05 and notice to bidders published in a newspaper eublished in the City of Dubuque, Iowa on the 9 h day of September, 2005. 376 Special Session, September 12, 2005 ACTION ITEMS Whereas, said sealed proposals were opened and read on the 2200 day of September, 2005, and it has been determined that the bid of Connolly Construction of Peosta, Iowa, in the amount of $148,160.00 was the lowest bid for the fumishings of all labor and materials and perfonming 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 oontract for the above improvement be awarded to Connolly 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 oontract 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 3" day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 472-05 APPROVING CONSTRUCTION CONTRACT WITH CONNOLLY CONSTRUCTION FOR THE SANITARY SEWER PORTION OF THE NORTH GRANDVIEW ESTATES - SANITARY SEWER & WATERMAIN PROJECT Whereas, the City Council by Resolution No. 471-05 awarded the construction contract for the sanitary sewer portion of the North Grandview Estates - Sanitary Sewer & Watermain Project to Connolly Construction; and Whereas, Connolly Construction has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The oontract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 3'0 day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seoonded by Nicholson. Motion carried 6-0. Michalski moved that the rules be reinstated limiting discussion to the Council. Seoonded by Nicholson. Motion carried 6-0. Tri-States' Veteran Museum and Reoognition Center: Request of Susan M. Dazey to address the Council to present a preliminary idea for the formation of a Tri-States' Veteran Museum and Recognition Center in Dubuque, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seoonded by Nicholson. Motion carried 6-0. Susan Dazey, 2835 Washington, spoke clarifying the request for a Veteran's Museum. Tara Winger: Request of Tara Winger to address the Council regarding proper housing in Dubuque for low Inoome, disabled persons, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 6-0. Ms. Winger was not in attendance. Espresso Drive- Thru: Communication from Loretta Thompson, Moo Java Inc., requesting to address the Council regarding a proposed espresso drive-thru behind Dubuque Disoount Gas by Wal-Mart; City Manager providing additional information regarding the espresso drive-thru and recommending that a traffic study be required; September 23, 2005 letter from the Engineering Department to Loretta Thompson, Moo Java Inc., requesting additional information regarding the proposed drive-thru and oommunication from Loretta Thompson requesting this item be tabled, presented and read. Cline moved to table this item. Seconded by Buol. Motion carried 6-0. Samantha Drive Culvert: . City Manager providing information regarding the issues surrOunding the installation of the culvert in the waterway near Samantha Drive and requesting City Council direction, presented and read. Cline moved that the oommunication be received and filed and referred to the City Manager for investigation. Seconded by Buol. Motion carried 6-0. Seippel Road Commercial Park - Final Plat: City Manager recommending approval of the final plat of Seippel Road Commercial Park,- presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 473- 05 A RESOLUTION APPROVING THE FINAL PLAT SEIPPEL ROAD COMMERCIAL PARK IN THE CITY OF DUBUQUE, IOWA. Regular Session, October 3, 2005 377 Whereas, there has been filed with the City Clerk a Final Plat Seippel Road Commercial Park in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Seippel Court (Lot B), a portion of Old Highway Road (Lot A) and a portion of Seippel Road (Lot C), together with certain public utility and sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final piat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or pubiic utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA; Section 1. That the dedication of Seippei Court (Lot B), a portion of Old Highway Road (Lot A) and a portion of Seippel Road (Lot C), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted. Section 2. That the final plat of Seippel Road Commerciai Park 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 reduce Seippei Court (Lot B) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque Standard Specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c.To construct a storm water detention facility (Lot D) in a manner acceptabie to the City Engineer in accordance with the improvement plans dated September 27, 2005 and in compliance with City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. d. To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owner, or future owner. e. To maintain the public improvements, for a periOd of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owner, or future owner. And further provided that said Tri-State Development Company, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the publiC right-of-way, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the piat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. The developer shall own and maintain the detention facility (Lot D) until it has been fully completed and 80% of the sum of the platted lots in the entire Seippel Road Commercial Park are fully developed and the remaining 20% of these lots have had installed adequate erosion control measures as approved by the City, and the detention facility has been accepted by the City Council by resolution. Upon the City Council's acceptance of the detention facility, the detention facility shall be owned and maintained by the City, and the maintenance expenses incurred by the City for the storm water detention facility shall be assessed against all of the lot owners-of Seippel Road Commercial Park in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of the law. ISection 5. That prior to the issuance of a building permit on any lot, a waste water treatment system which meets all state and local 378 Special Session, September 12, 2005 codes, must be designed by a professional engineer and approved by the Engineering and Health Departments of the City of Dubuque. A permit must be obtained for the private sewage system from the City of Dubuque Health Department prior to construction. All lots within this subdivision shall connect to the City sanitary sewer system within five (5) years after the connection to the interceptor sewer has been made or sooner if the private sewage system(s) faiis. Payment of Interceptor fees shall be paid by the owner of each lot prior to connection. Section 6. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Councii Resolution. Section 7. That in the event Tri-State Development Company shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 3" day of October 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. West 32"" Street Detention Basin Design: City Manager recommending approval of the proposed design for the West 3200 Street Detention Basin that includes two wet ponds, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 6-0. Cooper Management Company, LLC (Bricktown) Outdoor Service Application (Tabled on September 6, 2005): City Manager submitting an update on the Cooper Management Company, LLC (Bricktown) outdoor service liquor application and recommending approval of the license, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 5-1 with Michalski voting Nay. RESOLUTION NO. 474-05 Whereas, applications for Liquor Licenses have been submitted to this Councii for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "CO BEER/LIQUOR LICENSE Cooper Management Company Bricktown, Stonewall Lounge, Blackwater Grill 299 Main St (Outdoor Service) Passed, approved and adopted this 3rd day of October, 2005. Joyce E. Connors, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 6-1 with Michalski voting Nay. City of Greenwood: Communication from Harry L. Smith, Mayor of Greenwood, Mississippi, thanking the Dubuque Racing Association and the people of Dubuque for their compassion and generosity to the evacuees of Hurricane Katrina and residents of Greenwood, presented and read. Markham praised Nicholson for bringing this to the City. Nicholson shared that our City funds helped set up six families who were victims of Hurricane Katrina. PUBLIC INPUT Ken Bichell spOke apologizing for being late and clarifying his interest in serving on the Zoning Advisory Commission. At 7:45 P.M. Markham moved to go into Closed Session re: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)0) 2005 Code of Iowa. Seconded by Nicholson. Motion carried 6-0. At 7:56 P.M. Council reconvened Regular Session and stated that Staff had been given proper direction. There being no further business, Markham moved to adjourn. Seconded by Nicholson. Motion carried 6-0. The meeting adjourned at 7:57 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 10/12 Regular Session, October 3, 2005 Approve : Adopted 379 2006 2006 / 380 Regular Session, October 17,2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 17, 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 Michaiski, Milligen, Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Alan Garfield, Member of Temple Beth-EI. Proclamations: Arts and Culture Month (October, 2005) received by William Intrilligator; and Medicare and You Days (November g and 10, 2005) received by Elaine Cullen, Joan Metz, Ruby Sutton, and Mary Billmeyer. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 9/26; Cable TV Regulatory Commission of 6/28; Cable TV Teleprogramming Commission of 5/3 and 9/7; City Council of 10/3; Civil Service Commission of 8/18 and 9/2; Historic Preservation Commission of 9/15 and 10/6; Housing Commission of 9/28; Long Range Planning Commission of 9/21; Zoning Advisory Commission of 10/5, presented .and read. Buol moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Library Board of Trustees Update from the Meeting of September 27, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Printed City Council Proceedings for month of July, 2005, presented and read. Buol moved that the communication be received and filed and approved as printed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of September 19 and October 5, 2005 and List of Claims and Summary of Revenues for Month Ended July 31, 2005, presented and read. Buol moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Claims/Suits: Corporation Counsel recommending settlement of the claim of Steven Neyens for property damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and recommendation approved and Finance Department to Issue payment. Seconded by Connors. Motion carried 7-0. Tri-State Development Company: Communication from Brian Lammers, Tri-State Development Company, withdrawing the rezoning request for property on Seippel Road that was tabled on September 19, 2005, presented and read. Buol moved that the communication be received and filed and approved the request to withdraw. Seconded by Connors. Motion carried 7-0. United States Environmental Protection Agency: Fact Sheet from the United States Environmental Protection Agency advising that the second five-year review for the Peoples Natural Gas Superfund Site has been completed, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. City of Greenwood, Mississippi: Communication from Harry L. Smith, Mayor of the City of Greenwood, Mississippi, transmitting a Proclamation of Thanks and Appreciation to the City of Dubuque, Iowa from the City of Greenwood, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Dubuque Main Street, Ltd.: Recognition from Dubuque Main Street, Ltd to the City Council for the City Arts and Cultural Initiative; to the Arts Task Force for the City Arts and Cultural Initiative and to the City of Dubuque for the Bell Street and West Road / South Port Connector, presented and read. Buol moved that the communication be received and filed and called special attention to the awards to the City and Commission. Seconded by Connors. Motion carried 7-0. Iowa Department of Transportation: Communication from Mayor Terrance M. DU9gan to the Iowa Department of Transportation regarding funding status of the IA 32 (Southwest Arterial) project, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Regular Session, October 17,2005 381 Airport Commission CIP Request: City Manager recommending approval of a request from the Airport Commission to purchase an aircraft de-ice vehicle at a cost of $200,000, of which the FAA will pay $190,000 and the City $10,000 from the Airport Construction Fund, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. U.S. 20 Sanitary Sewer Extension Project: City Manager recommending acceptance of the U.S. 20 Sanitary Sewer Extension Project as completed by Top Grade Excavating, Inc. in the final contract amount of $382,102.05, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 475-05 ACCEPTING THE U.S. HIGHWAY 20 SANITARY SEWER EXTENSION PROJECT Whereas, the contract for the U.S. Highway 20 Sanitary Sewer Extension Project (the Project) has been compieted 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 Sanitary Sewer Construction Fund appropriation for the contract amount in the amount of $357,820.62 less any retained 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 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 476-05 FINAL ESTIMATE Whereas, the construction contract for the U.S. Highway 20 Sanitary Sewer Extension Project has been compieted 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 $415,032.71 and the said amount shall be paid from the allocation from the Sanitary Sewer Construction Fund appropriation ($247,217.73) and special assessments in the amount of $167,814.98 of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION N0.477-05 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE U.S. HIGHWAY 20 SANITARY SEWER EXTENSION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the accompanying final schedule of assessments to be made for the construction of the U.S. Highway 20 Sanitary Sewer Extension Project under contract with Top Grade Excavating, Inc. of Epworth, Iowa, for which the final schedule of assessments were filed in the office of the City Clerk on the 21st day of October, 2005, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective- properties benefited by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice 382 Regular Session, October 17,2005 of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shail be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shail also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in fuil or in part without interest at the office of the City Treasurer, City Hail, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual instailments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central, Dubuque, Iowa, and will draw annuai interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next foilowin9 the due dates of the respective instailments as provided in Section 384.65 of the Code of Iowa. Each. instailment wiil be delinquent from October 1 foilowing its due date on July 1 of each year. Property owners may elect to pay any annual instailments semiannuaily in advance. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk U.S. HIGHWAY 20 SANITARY SEWER FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER ADDRESS LOT DESCRIPTION PARCEL NET ASSESSMENT PORTION OVER 150' CONNECTION FEE State of Iowa Property Management Supervisor Lot 4 Westside Commercial Park 10-32-128- 001 $11,493.91 $30,677.26 Broughton Invest.,Bob Lot 1 Siegert's PI 3rd Addition 10-32-128-009 $10,406.60 Bruggeman, Roger J. fLat 2 Westside Comm. Park 10-32-128-003 $10,756.00 Link, Robert R. Lot 6 Westside Comm. Park 10-32-128-003 $11,493.91 $1370.84 Word of Life Church Lot 2 Sindt Place 10- 29-477-010 $ 9,874.81 Sindt, Leonard J. & LaVern F. Lot 1 Sindt Place Section 29, T89N, R2E 10-29-477- 001 $11,493.91, $8.443.43 Bettcher, Leroy & Jeannette 2-1-2-SW SE exc. The S.32.9 & Lot 2-2- SW SE T89, R2E. 10-29-453-001 $11,493.91 $5,522.44 Bettcher, Leroy & Jeannette 2-2-1 SE SE & 2-1-2-1 10-29-477-001 $8,824.27 YMU, LLC Lot 1-2-1 SE SE 10-29- 477-003 $11,493.91 $9,296.28 Sindt, Leonard J. & LaVem F. Lot 2-2-1-1 SE SE &2-1-2-1-1 SE SE 10-29-477-003 $11,493.91 $8.427.34 Sindt, Leonard J. & LaVern Lot 2-1-1-1-2- 1-1 SE SE 10-29-477-04 $11,431.86 Christ, Rodney D.& Donna K. 2-1-1-2-1-1 SE SE 10-29-477-005 $ 9,202.04 Interstate Power Co. 1-1-1 SE SE 2-1-1-1 1- 2-1-1 SE SE 10-29-477-009 $15.443.99 Carol LC 2-1-1-1-1 SW Yo SW Yo 10-28- 352-001 $11,493.91 $8,343.82 Slattery, Timothy J. 2-1-1-1-1-1 SW Yo SW Yo 10-28-352-002 $11,493.91 $3,573.07 Lammers Prop. LLC N Y, 2-1-1 SW Yo SW Yo 10-28-352-003 $ 7,684.06 QHQ Properties S Y, 2-1-1- SW Yo SW Yo 10-28-352-007 $7,684.06 QHQ Properties W Y, 1-2 & 2 of 2 SW SW 10-28-352-012 $ $15,075.42 State of iA Prop. Lot 2 Weber Acres 10-32-200-008 $16,296.84 Mgmt. Office ROW State of IA Prop Mgmt Office ROW Bal. of Lot 1 Weber Acres 10-32-200-010 $76.341.81 TOTALS:$167,814.98 $75,654.47 $123,158.05 Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Asbury Plaza Phase i-Acceptance of Public Improvements: City Manager recommending acceptance of the public improvements which the developer, Rubloff Development Group, Inc. has recently completed in Phase I of Asbury Piaza, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 478-05 ACCEPTING IMPROVEMENTS IN\ ASBURY PLAZA - PHASE I Whereas, pursuant to the approved Site Plan for Asbury Plaza Phase 1 dated May 28, 2002, certain improvements including sanitary sewer, sewage lift station, sanitary sewer force main and watermain were installed by the developer of Asbury Plaza Phase I. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by City Engineering and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said sanitary Regular Session, October 17, 2005 383 sewer, sewage lift station, sanitary sewer force main and watermain improvements in Asbury Plaza Phase I be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the developer, Rubloff Development Group, Inc., for a period of two years from this date. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Accountant, Utility Billing Coordinator and Engineering Technician, presented and read. Buol moved that the communications be received and filed and made a matter of record. Seconded by Connors. Motion carried 7-0. September 19, 2005 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Utility Billing Coordinator was held. We hereby certify that the individuals listed below have passed this written examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. UTILITY BilLING COORDINATOR Tami Ernster Rose T. Hoerner Cheryl A. Sheldon Teresa Behnke Cheryl L. Steckel Respectfully submitted: Merle Duehr, Chairperson Lares Kluesner Richard Wertzberger Civil Service Commission Buol moved that the communication be received and filed and made a matter of record. Seconded by Connors. Motion carried 7-0. September 19, 2005 Honorable Mayor and Members of the City Council I n accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Accountant was held. We hereby certify that the individuals listed below have passed this written examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ACCOUNTANT Cheryl A Sheldon Cheryl L. Steckel Tami Ernster Melissa J. McGinnis Respectfully submitted: Merle Duehr, Chairperson loras Kluesner Richard Wertzberger Civil Service Commission Buol moved that the communication be received and filed and made a matter of record. Seconded by Connors. Motion carried 7-0. September 19, 2005 Honorable Mayor and Members of the City Councii In accordance with Chapter 400 of the 2005 Code of Iowa, an examination for the position of Engineering Technician was held. We hereby certify that the individuals listed below have passed this written examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. ENGINEERING TECHNICIAN Brian R. Niemann Hugh R. McCarron Kelly S. Ambrosy Kathy A. Sitzman Christine V. Petersen Michael J. Kruser Nicholas D. Connolly Thomas E. Rizzolo Thomas W. Bohnenkamp Respectfully submitted: Merle Duehr, Chairperson loras Kluesner Richard Wertzberger Civil Service Commission Buol moved that the communication be received and filed and made a matter of record. Seconded by Connors. Motion carried 7-0. Key City Properties NO.2 - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Key City Properties No. 2 located on North Cascade Road in Dubuque County, Iowa, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 479-05 RESOLUTION APPROVING THE FINAL PLAT OF KEY CITY PROPERTIES PLAT NO.2 IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a final plat of Key City Properties Plat No. 2; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and 384 Regular Session, October 17,2005 Whereas, said final plat has been reviewed by the City Planner and had her 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 hereto. 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, Lots and Blocks. Section 2. That the Final Plat of Key City Properties Plat No. 2 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 subdivision piat. Passed, approved and adopted this 17th day of October 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Boat Ramp and Trailer Parking - A.Y. McDonald Park: City Manager recommending approval of a grant agreement with the Iowa Department of Natural Resources for a $50,000 Water Recreation Access Grant to reconstruct the boat ramp and trailer parking area at Water Works Park (AY. McDonald Park), presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 480-05 RESOLUTION AUTHORIZING AN APPLI- CATION FOR A WATER RECREATION ACCESS GRANT FOR BOAT RAMP AND PARKING ATWATER WORKS PARK Whereas, the Iowa Department of Natural Resources provides a Water Recreation Access Grant Program for constructing or improving boat access facilities; and Whereas, the City of Dubuque has determined that the reconstruction of the boat ramp and trailer parking at Water Works Park is consistent with the Riverfront 2000 Plan, a component of the 2002 Dubuque Comprehensive Plan; and Whereas, the construction of Water Works Park is included as a component of the Vision Iowa grant for the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application to the Iowa Department of Natural Resources for a Water Recreation Access Grant to fund reconstruction of the boat ramp and trailer parking at Water Works Park Is hereby approved. Section 2. That the Planning Services Manager hereby is authorized to sign and submit a Water Recreation Access Grant application for this project. Passed, approved and adopted this 17th day of October 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Trailhead - AY. McDonald Park: City Manager recommending approval of an agreement with the Iowa Department of Transportation (I DOT) for a $200,000 Federal Recreational Trails grant to construct a trailhead facility at Water Works Park (AY. McDonald Park), presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 481-05 RESOLUTION AUTHORIZING A GRANT AGREEMENT WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR FEDERAL RECREATIONAL TRAIL FUNDS FOR WATER WORKS PARK TRAILHEAD Whereas, the City of Dubuque has identified Water Works Park as an important trailhead facility to be developed as part of the Heritage Trail Riverfront System America's River Project; and Whereas, the Iowa Department of Transportation has awarded the City of Dubuque Federal Recreation Trails Grant for the development of the Water Works Park Trailhead; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that includes goals for development of trailheads and public parks along the Heritage Trail Riverfront System. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the grant agreement with the Iowa Department of Transportation for Federal Recreational Trails Funds for Water Works Park Trailhead. Section 2. The City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Passed, approved and adopted this 17th day of October 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Regular Session, October 17, 2005 Human Rights Commission: Communication from Lou Oswald submitting his resignation from the Human Rights Commission, effective immediately, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 2003 International Building Code: Communication to Mike Connolly requesting support of the adoption of the 2003 International Building Code, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Samantha Drive: City Manager submitting additional information regarding the Samantha Drive drainage issue, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. Business License Refund: Request of Carol A. Meyers for a refund of the cigarette license for A & B Tap in the amount of $50.00, presented and read. Buol moved that the communication be received and filed and refund approved. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 482-05 NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOVVA: 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. RENEVVAL Shannon's Bar Shannon's Bar LLC 521 E. 22nd St Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 483-05 VVhereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and VVhereas, 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. 385 NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOVVA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS"B" BEER J & P. O'Hara Inc. Happy Joe's Ice Cream / Pizza Partor+(Sunday Sale) 855 Century Dr CLASS "CO BEER PERMIT 5-Point Mart Inc 5-Point Mart+ (Sunday Sale) 405 Rhomberg Av Aldi, Inc Aldi # 30 2160 Holiday Dr Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 484-05 VVhereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and VVhereas, 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. NOVV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOVVA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Carolyn Fonck Channel Inn Restr.+ (Sunday Sale) 2010 Y, Kerper Blvd DAMA Corp Rainbow Lounge+ (Sunday Sale) 36 vv. 4th St Europa Haus, Inc Europa Haus Rest & Bierstube 1301 Rhomberg Av SPECIAL CLASS "C" LIQUOR Carroll's VVine Company Grape Harbor+ (Sunday & Outdoor Sale) 123 Main St Isabella's at the Ryan House Isabella's at the Ryan House+(Sunday/Outdoor Sale) 1375 Locust St CLASS "VVBN" VVINE P.S. I Love You P.S.I-love You 730 Main St Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Regular Session, October 17,2005 386 Southern Avenue Property Sale: City Manager recommending that a public hearing be set for November 7, 2005 to consider disposing of City- owned property along Southern Avenue to Allan and Constance Rowell, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 485-05 INTENT TO DISPOSE OF CITY INTEREST IN LOT 29, 30, AND 31 OF MINERAL LOT 39, THE EASTERLY 30' OF LOT 1 OF JOHN BREAKEY'S DUBUQUE, THE WESTERLY 56' OF LOT 1 OF JOHN BREAKEY'S DUBUQUE, LOT 2 OF JOHN BREAKEY'S DUBUQUE, DUBUQUE, IOWA BY SALE TO ALLAN L. AND CONSTANCE J. ROWELL Whereas, Allan L. and Constance J. Rowell have requested the vacating and purchase of City of Dubuque property, to wit: Lot 29, 30, And 31 Of Mineral Lot 39, The Easterly 30' Of Lot 1 Of John Breakey's Dubuque, The Westerly 56' Of Lot 1 Of John Breakey's Dubuque, Lot 2 Of John Breakey's Dubuque, Dubuque, Iowa (The Property); pursuant to an Ofter to Buy Real Estate and Acceptance, a copy of which is attached hereto; and Whereas, the City Council of the City of Dubuque, Iowa has tentatively determined the Property is no longer required for public use and that the sale of the Property is in the public interest and should be approved. 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 Lot 29, 30, and 31 of Mineral Lot 39, the Easterly 30' of Lot 1 of John Breakey's Dubuque, the Westerly 56' of Lot 1 of John Breakey's Dubuque, Lot 2 of John Breakey's Dubuque, Dubuque, Iowa by sale pursuant to the Ofter to Buy Real Estate and Acceptance. 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 Property, to be held on the 7th day of November, 2005, at 6:30 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 11nJ05 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 Markham. Motion carried 7-0. Municipal Parking Garage Restoration Project: City Manager recommending initiation of the public bidding process for the Municipal Garage Parking Garage Restoration Project and that a public hearing be set for December 19, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 486-05 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 Cierk for public inspection of the Municipal Parking Garage Restoration Project (Locust Street Parking Garage And Iowa Street Parking Garage). NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 9th day of December, 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 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set public hearing for 12/19/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publistr notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 487-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Municipal Regular Session, October 17,2005 Parking Garage Restoration Project (Locust Street Parking Garage and Iowa Street Parking Garage), in the estimated amount of $1 ,443,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 17th day of October, 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. 488-05 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Municipal Parking Garage Restoration Project (Locust Street Parking Garage And Iowa Street Parking Garage) 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 prior to the receipt of said bids at 2:00 p.m. on the 1 st day of December, 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 19th day of December, 2005. Passed, approved and adopted this 17th day of October, 2005 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Board: Transit Board of Trustees (Three 3-year terms through 7/1/08 - terms of Enderson, Lightcap and Sand) Applicants: George O. Enderson, Michael W. Sand. No one spoke. Appointments to the following Commission: Zoning Advisory Commission (One 3-year term through 7/1/06): Applicants: Kenneth Bichell, Matthew Lundh, Darren D. White and additional applicants Jim Kieffer and David 387 Welsh, who spoke requesting consideration for appointment. Vote on the appointment was as follows: Buol voted for Bichell; Cline voted for Kieffer; Connors voted for Bichell; Duggan voted for Kieffer; Markham voted for Kieffer; Michaiski voted for Bichell; Nicholson voted for Bichell. Therefore Kenneth Bichell was appointed to the unexpired three year term on the Zoning Advisory Commission which will expire 7/1/06. PUBLIC HEARINGS Buol moved that the ruies be suspended to allow anyone present to address the Council. Seconded by Michalski. Motion carried 7-0. Royal Oaks Development - 600 Mazzuchelli Place Rezoning: Communication from A.J. Spiegel withdrawing the Royal Oaks Development Corporation's application for rezoning of property located at 600 Mazzuchelli Drive; Communication from Sister Margaret Ann Willging regarding the condominium plans for Kelly's Bluff; Communication from Dan Grant in support of the River Pointe project; Proof of publication on notice of hearing to consider reclassifying property located at 600 Mazzuchelli Place from R-2 Two-Family Residential to PUD Planned Unit Development with PR Planned Residentiai designation as requested by A.J. Spiegel, Stott and Associates/Royal Oaks Development and Zoning Advisory Commission recommending denial and an Ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 600 Mazzuchelli Drive from R-2 Two- Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Development Plan with conditions, presented and read. Markham moved that the communications be received and tiled and accepted withdrawal. Seconded by Michalski. Motion carried 7-0. Martin McNamer/NCR Developers - Manson Road Rezoning: Proof of publication on notice of hearing to consider reciassifying property located on Manson Road from AG Agricultural District to R-2 Two-Family Residential District as requested by Martin McNamer/NCR Developers, 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. Applicant Marty McNamer, 1036 Bonnie Ct., spoke requesting the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code 388 Regular Session, October 17, 2005 of Ordinances by reclassifying hereinafter described property located west of Manson Road from AG Agricultural District to R-1 Single- Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 56-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY lOCATED WEST OF MANSON ROAD FROM AG AGRICUTlURAl DISTRICT TO R-1 SINGLE-FAMilY RESI- DENTIAL 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 as shown in Exhibit A from AG Agricultural District to R-1 Single-Family Residential District. 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 17th day of October 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21 st day of October, 2005. Jeanne F. Schneider, City Clerk 11 10/21 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. Joseph Walbrun - 4855 Old Highway Road Rezoning: Proof of publication on notice of hearing to consider reclassifying property located at 4855 Old Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District as requested by Joseph Walbrun and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4855 Oid Highway Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District, presented and read. Buol moved to receive and file and return this item to Zoning Advisory Commission. Seconded by Nicholson. Motion carried 6-0 with Duggan voting Nay. Joseph Walbrun spoke in favor of the requested rezoning and submitted letters from two adjoining property owners who would be in favor of their property also being rezoned. Leo J. Sullivan - 4000 Block of Peru Road Rezoning: Proof of publication on notice of hearing to consider reclassifying property located in the 4000 block of Peru Road from R-1 Single-Family Residential District to R-2 Two-Family Residential Zoning District as requested by Leo J. Sullivan and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 4000 Block of Peru Road from R-1 Single-Family Residential District to R-2 Two- Family Residential District, presented and read. Buol moved to receive and file and concur with the denial. Seconded by Nicholson. Motion carried 6-0 with Duggan abstaining due to possible conflict of interest. River Valley Nursery - 2813 Jackson Street Rezoning: Proof of publication on notice of hearing to consider reclassifying property located at 2813 Jackson Street from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District as . requested by Wayne Klostermann/River Valley Nursery and Landscaping, Inc., and Zoning Advisory Commission recommending denial and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2813 Jackson Street from C-1 Neighbomood Commercial District to C-2 Neighborhood Shopping Center District, presented and read. Cline moved to receive and file the documents and refer back to the Zoning Advisory Commission. Seconded by Nicholson. Motion carried 6-0 with Duggan voting Nay. Wayne Klosterman, 2636 Queen St., spoke in support of the rezoning. Jeff Jackson, 2849 White St., spoke in opposition to the rezoning as the proposed usage was much more intense than the previous business. Rodney Coyle, 2815 Jackson, spoke objecting as a landscaping business would be dangerous for children in the area. Joseph Bitter / Roger Kunde - 55 West 32nd Street Rezoning: Proof of publication on notice Regular Session, October 17, 2005 389 of hearing to consider reclassifying property located at 55 West 32nd Street from R-1 Single- Family Residential District to Hi Heavy Industrial District as requested by Joseph Bitter/Roger Kunde, North End Auto Wrecking, Inc., and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7- O. Attorney Joseph Bitter, Roger Kunde and Steve Simon all spoke clarifying the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 55 West 32nd Street from R-1 Single-Family Residential District to HI Heavy Industrial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 57-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 55 W.32nd STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO HI HEAVY INDUSTRIAL 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-Family Residential District to HI Heavy Industrial District, to wit: Lot of Lot 1 of Lot 1 Heims Subdivision, 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 17th day of October 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21st day of October, 2005. Jeanne F. Schneider, City Clerk 1t 10/21 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. Miller-Riverview Park Electrical Service Project, Phase II: Proofs of publication on notice of hearing to consider adoption of the plans and specifications and notice to bidders for the Miller-Riverview Park Electrical Service Project- Phase II and City Manager recommending award of the contract to Biechler Electric in the amount of $50,528.50, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 6-0 with Nicholson briefly out of the room. RESOLUTION NO. 489-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 19th day of September, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Miller-Riverview Park Electrical Service, Phase II Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0 with Nicholson briefly out of the room. RESOLUTION NO. 490-05 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Miller-Riverview Park Electrical Service, Phase ~I Project pursuant to Resolution No. 449-05, and notice to bidders published In a newspaper published in the City of Dubuque, Iowa, on the 23rd day of September, 2005. Whereas, said sealed proposals were opened and read on the 6th day of October, 2005, and it has been determined that the bid of Biechler Electric in the amount of $50,528.50 was the iowest bid for the furnishings of all labor and 390 Regular Session, October 17, 2005 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 Biechier Electric, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0 with Nicholson briefly out of the room. RESOLUTION NO. 491-05 APPROVING CONSTRUCTION CONTRACT WITH BIECHLER ELECTRIC FOR THE MILLER-RIVERVIEW PARK ELECTRICAL SERVICE, PHASE II, PROJECT Whereas, the City Council by Resolution No. 490-05 awarded the construction contract for the Miller-Riverview Park Electrical Service, Phase II Project to Biechler Electric; and Whereas, Biechler Electric has submitted the attached executed contract and bond. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. The contract and bond attached hereto are hereby approved. 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 6-0 with Nicholson briefly out of the room. Markham moved to reinstate the rules limiting discussion to the Council. Seconded by Cline. Motion carried 6-0 with Nicholson briefly out of the room. ACTION ITEMS Espresso Drive Thru (Tabled on October 3, 2005): Cline moved that the following be removed from the table: Seconded by Markham. Motion carried 7-0. Communication from Loretta Thompson, Moo Java Inc., requesting to address the Council regarding a proposed espresso drive-thru behind Dubuque Discount Gas by Wal-Mart; City Manager providing additional information regarding the espresso drive-thru and recommending that a traffic study be required; September 23, 2005 letter from the Engineering Department to Loretta Thompson, Moo Java Inc., requesting additional information regarding the proposed drive-thru. Loretta Thompson, 6335 Chucks Court, Peosta, IA spoke regarding the proposed espresso drive-through and requested that she not be required to complete a traffic study as directed by the City. Jerry Anderson of Anderson Design, spoke responding to some of the concerns of the City. Cline moved that the communications be received and filed and approved request. Seconded by Markham. Motion carried 7-0. Arts and Culture Grant Program for Special Projects: Arts and Cultural Affairs Advisory Commission recommending approval the following grant awards for the FY 2006 Arts and Culture Grant Program for Loras College (Multi- Cultural Performing Arts Series); Dubuque Arts Council (Dubuque Winter Jazz and Blues Festival); Bell Tower Productions (Honk I Junior); Dubuque Museum of Art (Arts Trek Enhancement Program); and Dubuque Arboretum (Japanese Garden Gate), presented and read. Michalski moved that the communication be received and filed and approved grant awards. Seconded by Buol. Motion carried 7-0. Historic PreselVation Commission: Historic Preservation Commission requesting that the City Council submit a letter to the School Board recommending parking options for the new downtown school and further recommending that the City Council seek input from the Housing Commission regarding the potential impact of these parking options on affordable housing, and then share the Housing Commission's report with the School Board, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Carried by the following vote: Yeas-Duggan, Nicholson, Cline; Connors. Nays---Markham, Michalski, 8uol. Tobacco Compliance - Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of AcknowledgemenVSettlement Agreement for Clark Retail, Inc. and the assessment of a $300 penalty for a tobacco compliance violation and further recommending that a tobaccc compliance hearing be held regarding the Regular Session, October 17, 2005 second tobacco compliance violation by A.W.N. Stop Mart and if the violation is sustained the attached order assessing the 2nd violation civil penalty of $1,500 on or before November 17, 2005 or suspending their tobacco license for thirty (30) days beginning November 17, 2005, presented and read. Michalski moved that the communication be received and filed and approved Acknowledgement and held the hearing and assessed the fine. Seconded by Nicholson. Motion carried 7-0. No one was present to speak or object to the issue and penalty. Residential Parking Permit District Ordinance Amendment: City Manager recommending approval of an amendment to the Residential Parking Permit District Ordinance to provide special parking permits to empioyees of businesses providing in-home health care and hospice services to residents living in a residential parking permit district, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances, Chapter 32, Article VIII, Division 7 Residential Parking Permit Program by adding a new Section 389-5 providing for a special parking permit for home health care providers, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 58-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 32, ARTICLE VIII, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM BY ADDING A NEW SECTION 389.5 PROVIDING FOR A SPECIAL PARKING PERMIT FOR HOME HEALTH CARE PROVIDERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 32, Article VIII, Division 7 of the City of Dubuque Code of Ordinances is amended by adding the following new section: Sec. 32-389.5 Home Health Care Providers: The City Manager may issue, without charge, to a business providing home health care a special parking permit that allows an employee of such business to park in a residential permit district. Such permit shall only be valid whiie a home health care employee is at a residence within the district and is actually engaged in providing care to a resident of the district. The permit shall not be available to a self-empioyed home care provider. The permit may be revoked by the City Manager for failure to comply with the requirements of this section. 391 Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 17'" day of October, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21" day of October, 2005. Jeanne F. Schneider, City Clerk 1t 10/21 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. Notice of Violation: City Manager recommending approval for the City to issue a Notice of Violation in lieu of filing a criminal complaint for a municipal infraction, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances, Chapter 1, Article II Civil Penaity, by adding a new Section 1-18 Allowing the City to issue a notice of violation for municipal infractions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 59-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 1, ARTICLE II CIVIL PENALTY, BY ADDING A NEW SECTION 1-18 ALLOWING THE CITY TO ISSUE A NOTICE OF VIOLATION FOR MUNICIPAL INFRACTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 1, Article II, of the City of Dubuque Code of Ordinances is amended by adding the following new section: Sec. 1-18 Notice of Violation: Municipal infractions may be initially brought upon simple notice of violation and if the person charged admits the violation, upon payment of the penalty to the city and the performance of any other act required by law to be performed, such person shall not be further prosecuted or assessed any costs or other expenses for such violation, and the city shall retain all penalties thus collected. Where a municipal infraction is not admitted upon simple notice by the person charged or where the person charged fails to perform any other act required to be performed, or both, a civil citation shall be filed with the court. A civil citation seeking a penalty for a 392 Regular Session, October 17, 2005 municipal infraction, with or without additional relief, may be initially filed in the court. This section does not impose a duty to initially charge all municipal infractions upon simple notice of violation. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21" day of October, 2005. Jeanne F. Schneider, City Clerk 1t 10/21 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. Roosevelt Street Extension Parking: City Manager recommending the addition of two-hour parking to the south side of Roosevelt Street Extension from Kerper Boulevard to a point 375 feet east of Kerper Boulevard as requested by Jon Romaine, Area Residential Care, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 32-362(c) of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by adding certain portions of Roosevelt Street Extension, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 60-05 AN ORDINANCE AMENDING SECTION 32- 362(c) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR TWO-HOUR PARKING BY ADDING CERTAIN PORTIONS OF ROOSEVELT STREET EXTENSION NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting Roosevelt Street Extension from Subsection (c) of Section 32-362 thereof as follows: "Sec. 32-362. Prohibited on designated streets or portions thereof." (c) Time zones designated. Two Hour Time Zones . . . Roosevelt Street Extension, north side, from Kerper Boulevard to Kilgore Street Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (c) of Section 32-262 the following: Roosevelt Street Extension, north side, from Kerper Boulevard to Kilgore Street and, south side, from Kerper Boulevard to a point three hundred seventy-five feet (375') east of Kerper Boulevard. Passed, approved, and adopted this 17th day of October, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 21" day of October, 2005. Jeanne F. Schneider, City Clerk 1t 10/21 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. COUNCIL MEMBER REPORTS Cline requested that City staff look at our Ordinances with regards to sex offenders. PUBLIC INPUT Sister Patricia Conlon of Ecumenical Towers spoke of the dangerous pedestrian intersection at 6th and Locust and requested a push-button light or at least a crosswalk for the safety of the elderly residents and others. There being no further business, Connors moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 9:00 P.M. Isl Jeanne F. Schneider, CMC City Clerk 11 10/26 -r-'/ APproved:;T~~M(.{' ?t~ Adopted ;I;~C-<'40 ,?tJ ,;?t) 2006 2006 - . Regular Session, October 17, 2005 393