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2005 August Council Proceedings Regular Session, August 1, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 1,2005 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Cline, Connors, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Loren Hirschy, Senior Pastor, Word of Life Church. Proclamation: Responsible Gaming Education Week (August 1 - 5, 2005) received by Shannon Gaherty and Carrie Tedore AppointmenVSwearing In of City Council Member for the Second Ward - Applicants: Roy D. Buol and Andrew Koons. Council vote: Cline voted for Buol; Connors voted for Buol; Duggan voted for Buol; Markham voted for Buol; Michalski voted for Buol; Nicholson voted for Buol. Therefore, Roy D. Buol was appointed to fill the vacancy on the Council caused by his resignation. He was sworn in as Council Member for the Second Ward until the November election. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/24; City Council of 7/18; Housing Commission of 6/25; Park and Recreation Commission of 7/12; Zoning Advisory Commission of 7/6, presented and read. Michalski moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proof of publication of City Council Proceedings of July 5, 2005, presented and read. Michalski moved that the proof be received and filed. Seconded by Connors. Motion carried 7-0. Printed City Council Proceedings for April, 2005, presented and read. Michalski moved that the proceedings be received and filed and approved as printed. Seconded by Connors. Motion carried 7-0. 297 Notice of Claims/Suits: Clarence Annbruster (for son Richard Kremer) for personal injury; Daniel FairchildrTeresa Boxleiter for property damage; Brendan Forrest for vehicle damage; Interstate Power and Light for property damage; Mark Stone for vehicle damage; Mary Weidenbacher for property damage; Federal National Mortgage Association vs. City of Dubuque, et ai, presented and read. Michalski moved that the claims and suits be received and filed and referred to Legal for investigation. Seconded by Connors. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Gregory A. Carew for personal injury; Barbara M. Deppe for vehicle damage; Daniel FairchildrTeresa Boxleiter for property damage; Brendan Forrest for vehicle damage; Interstate Power and Light for property damage, presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsei recommending settle- ment of the claim of Mark Stone for vehicle damage and directing Finance Department to issue payment, presented and read. Michalski moved that the communication be received and filed and approved recommendation and Finance Department to issue payment. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Yolanda Feldman-Brauer for property damage, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. MCC Iowa LLC - Letter of Credit: City Manager recommending approval of a Consent to the Amendment to MCC Iowa LLC's Letter of Credit from $100,000 to $25,000 pursuant to the recently adopted Franchise Agreement between the City of Dubuque and MCC iowa LLC, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Purchase of Property: City Manager recommending approval of the purchase of a residential dwelling iocated at 775 West 32nd Street as part of the acquisition program associated with expansion of the West 32nd Street detention basin, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 298 Regular Session, August 1, 2005 RESOLUTION NO. 342-05 A RESOLUTION APPROVING THE ACQUISI- TION OF REAL ESTATE lOCATED AT 775 WEST 32"0 STREET, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area adjacent to the West 32"" Street detention basin for purposes of stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the twelfth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following iegally described property: Lot 2 of South 231' of Lot 2 of 8 in Gillespie's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof at the cost of One Hundred, forty-eight thousand dollars ($148 000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 1st d ay of August, 2005. Terrance M. Duggan. Mayor Attest Jeanne Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Iowa Individuai Health Benefit Reinsurance Assessment City Manager recommending approval of the payment of the City's Iowa Individual Health Benefit Reinsurance Assessment amount of the $34,426.15, presented and read. Michalski moved that the communication be received and filed and approved payment. Seconded by Connors. Motion carried 7-0. Engineering Contract Award - Iowa and Locust Street Parking Ramps: City Manager recommending approval to award a contract to Desman Associates for engineering seNices for restoration of the Locust and Iowa Street Parking Ramps in an amount not to exceed $98,000, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. 2005 Curb Ramp Installation CDBG #1 Project: City Manager recommending acceptance of the 2005 Curb Ramp Installation CDBG #1 Project as completed by Perry Construction in the final contract amount of $18,020.55, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. RESOLUTION NO. 343-05 ACCEPTING THE 2005 CURB RAMP INSTAllATION - CDBG PROJECT #1 Whereas, the contract for the 2005 Curb Ramp Installation - CDBG Project #1 (the Project) has been completed and the City Manager has examined the work and fiied a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2005 Community Development Block Grant Funds appropriation for the contract amount in the amount of $18,020.55 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage oniy in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 344-05 FINAL ESTIMATE Whereas, the construction contract for the 2005 Curb Ramp Installation - CDBG Project #1 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $20,723.63 and the Regular Session, August 1, 2005 said amount shall be paid from the allocation from the Fiscal Year 2005 Community Development Block Grant Funds. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. 2004 Sanitary Sewer Lining Project: City Manager recommending acceptance of the 2004 Sanitary Sewer Lining Project as compieted by Visu-Sewer Clean & Seai Company in the final contract amount of $74,801.89, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 345-05 ACCEPTING THE 2004 SANITARY SEWER LINING PROJECT Whereas, the contract for the 2004 Sanitary Sewer Lining Project (the Project) has been completed and the City Manager has examined the work and filed a certificate stating that the Project has been completed according to the terms of the contract, plans and specifications and that the City Manager recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Manager is approved and the Project is hereby accepted. Section 2. The City Treasurer is hereby directed to pay to the contractor from the Fiscal Year 2004 Sanitary Sewer Lining Program appropriation for the contract amount in the amount of $74,801.89 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 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 346-05 FINAL ESTIMATE Whereas, the construction contract for the 2004 Sanitary Sewer Lining Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. 299 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 $82,403.04 and the said amount shall be paid from the allocation from the Fiscal Year 2004 Sanitary Sewer Lining Program appropriation of the City of Dubuque, Iowa. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Casino Hotel - Assignment of Parking Use Agreement and Lease Agreement: City Manager recommending approval of an Assignment of the Parking Use Agreement between the Dubuque Racing Association, Dubuque Casino Hotel and the City of Dubuque and an Assignment of the Lease Agreement between Dubuque Casino Hotel and the City of Dubuque to Dubuque Bank and Trust as security for a loan that Dubuque Bank and Trust has made to Dubuque Casino Hotel LLC, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. 2005 Justice Assistance Grant: City Manager recommending approval and acceptance of the 2005 Justice Assistance Grant award in the amount of $40,704, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the June 30, 2005 Quarterly Investment Report, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. GFOA Certificate of Achievement: City Manager advising that the City has received a Certificate of Achievement Award from the Government Finance Officers Association (GFOA) for the fiscal year ended June 30, 2004, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Airport Commission: City Council Member Dan Nicholson submitting his resignation from the Airport Commission effective immediately and communication from Corporation Counsel Barry Lindahl regarding City Council membership on 300 Regular Session, August 1, 2005 the Airport Commission, presented and read. Michalski moved that the communication be received and filed and accepted resignation, with direction given to get Declaratory Ruling from District Court. Seconded by Connors. Motion carried 7-0. MCC Iowa LLC - Performance Bond: City Manager recommending approval of the Form of Performance Bond submitted by MCC Iowa LLC as required by the Franchise Agreement between the City of Dubuque and MCC Iowa LLC, presented and read. Michaiski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the City's HOME Investment Partnership program has been amended by extending the completion date and expanding the target area, as requested by the City of Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. City of Sageville Voluntary Annexation: Notice from the City Development Board advising that the Sageville Voluntary Annexation will be considered at the City Development Board's regular meeting on August 17, 2005, presented and read. Michalski moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. KeyLine Transit Bus Shelters: City Manager recommending approval of the selection of Brasco International, Inc. as the vendor for the City to purchase three shelters for the downtown trolley route and seven shelters for the KeyLine fixed route for a total amount of $39,670, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 347-05 Whereas, applications for Beer Permas have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Central Coast Hospitality Inc Panchero's Mexican Grill+ (Sunday/Outdoor Sale) 4840 Asbury Rd Passed, approved and adopted this 1 st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 348-05 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 appiicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Shannon's Bar & Grill LLC Shannon's Bar+ (Sunday Sale) 521 E. 22nd St Tri-State Golf Center Inc Tri-State Golf Center +(Sunday/Outdoor Sale) 1095 Cedar Cross SPECIAL CLASS "C" LIQUOR LICENSE Choo Choo Charles Pizza & Ice Cream Choo Choo Charles+(Sunday Sale) 1895 JFK. Rd Bell Tower Productions Bell Tower Produc- tion (Sunday Sale) 2728 Asbury Rd Passed, approved and adopted this 1" day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Flora Park Water System Project: City Manager recommending initiation of the public bidding process for the Flora Park Water System Project and that a public hearing be set for September 6, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 349-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, August 1, 2005 301 That the proposed plans, specifications, form of contract and estimated cost for the Flora Park Water System Project, in the estimated amount of $94,000, are hereby approved and ordered filed in the office of the City Cierk, for public inspection. Passed, approved and adopted this 1st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 350-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Flora Park Water System Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 6th day of September, 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 1 st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution setting date of hearing on plans and specifications for 9/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 351-05 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Flora Park Water System Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 18th day of August, 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 6th day of September, 2005. Passed, approved and adopted this 1st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Five Flags Center HVAC - Phase II Project: City Manager recommending initiation of the public bidding process for the Five Flags Center HVAC - Phase II Project and that a public hearing be set for September 6, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 352-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Five Flags Center HVAC, Phase II Project, in the estimated amount of $110,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 353-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for pUblic inspection of the Five Flags Center HVAC, Phase II Project. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF 302 Regular Session, August 1, 2005 DUBUQUE, IOWA, that on the 6th day of September, 2005, a public hearing wiil be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shail be not less than four 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 1st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution and set date of hearing on pians and specifications for 9/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 354-05 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Five Flags Center HVAC Project, Phase iI is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shail be in an amount which shail 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 shail not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 18th day of August, 2005. Bids shail 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 6th day of September, 2005. Passed, approved and adopted this 1st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Third Street Overpass Decorative Railing Instailation Project: City Manager recommending initiation of the public bidding process for the Third Street Overpass Decorative Railing Instailation Project and that a pUblic hearing be set for September 6, 2005, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 355-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Nowata Street Reconstruction Project in the estimated amount of $460,360.67 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 356-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Nowata Street Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a public hearing will be held on the 6th day of September, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shail be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Regular Session, August 1, 2005 Cline moved adoption of the Resolution and set public hearing for 9/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 357-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Third Street Overpass Decorative Railing Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, thatthe amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 25th day of August, 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 61h day of September, 2005. Passed, adopted and approved this 1st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Port of Dubuque Recognition Wall Project: City Manager recommending initiation of the public bidding process for the Port of Dubuque Recognition Wall Project, approval of the names and organizations that will be included in this recognition and that a public hearing be set for September 6, 2005, presented and read. Michalski moved that the communication be received and filed and approved names and organizations. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 358-05 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Port of Dubuque Recognition Wall Project in the estimated amount of $175,190.00 are hereby 303 approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 359-05 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Port of Dubuque Recognition Wall Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: IOWA: That a public hearing will be held on the 6th day of September, 2005, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 1'1 day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution and set public hearing for 9/6/05 at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 360-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Port of Dubuque Recognition Wall Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, thatthe 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 304 Regular Session, August 1, 2005 part of the plans and specifications heretofore adopted. That the City Cierk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 25th day of August, 2005. Bids shall be opened and read by the City Cierk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 6th day of September, 2005. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Mediacom Cultural Affairs Charitable Foundation Board (Two Council appointments): Applicants: Richard Hall, John Woodin, Ellen Hartmann Henkels, and Rebecca Fabricius (currentiy on Arts and Cuitural Affairs Advisory Commission) Richard Hall, John Woodin, Ellen Hartmann Henkels and Rebecca Fabricious all spoke requesting consideration for appointment. Electrical Code Board (Three 3-year terms through 5/21/08 - Hammel, Pfohl, Pregler) Applicant: Dan Hammel No one spoke. Housing Commission (Three 3-year terms through 8/17/08 - Helling, Neustadt, Mozena) Applicants: Anthony Allen, Alphonse H. Boge, Jr., William D. Helling, Julie A. LeClere, Angela Mozena, Harry Neustadt; William Helling spoke requesting consideration for appointment. Human Rights Commission (One unexpired term through 1/1/08 - term of McAlpin) Applicants: Mary Gassman, Marcos Rubinstein; Marcos Rubinstein spoke requesting consideration for appointment. Library Board of Trustees (One 4-year term through 7/1/09 - term of Felderman) (Mayor Appointment) Applicant: Dennis Healy Dennis Healy spOke requesting consideration for appointment. Appointments to the following Commissions: TV Cable Regulatory Commission (One unexpired 3-year term through 6/30/07 and two 3-year terms through 6/30/08 - terms of Tigges and Webster) Applicants: Ronald Tigges, Walter Webster Michalski moved that Mr. Tigges and Mr. Webster be reappointed to three year terms to expire 6/30/08. Seconded by Nicholson. Motion carried 7-0. TV Cable Community Teleprogramming Commission (Two 3-year terms through 6/30/08 - terms of Everist and Hoverman, one unexpired term through 6130/06 and one unexpired term through 6/30/07) Applicants: George P. Herrig, Sr. Carol Hoverman Markham moved that Sr. Carol Hoverman be reappointed and George P. Herrig be appointed to three year terms which will expire 6/30/08. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Markham. Motion carried 7-0. Granger Creek Interceptor Sewer Extension Connection Fee: Proof of publication on notice of hearing to consider the Granger Creek Interceptor Sewer Extension Connection Fees and City Manager recommending approval; Communications from Charles Klein, 9634 Maquoketa Drive; Rick M. Urbain, 9620 Maquoketa Drive; and Victor and Loretta Prevatt, 9617 Maquoketa Drive in opposition to the proposed Granger Creek Sewer Connection Fees, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Nicholson. Motion carried 6-0 with Cline voting Nay. Ray Mueller requested ciarification of the project. Nick Goodmann spoke concerning the Granger Creek connection fee schedules and requested a possible policy change to allow County residents to hook up to City sewer. Tom Stierman spoke questioning the proposed scheduled cost. Grace Mueller spoke in opposition of the fee. An Ordinance Establishing a scheduie of sewer connection fees for the connection of property to the Granger Creek Sanitary Interceptor Sewer Extension, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 46-05 ESTABLISHING A SCHEDULE OF SEWER CONNECTION FEES FOR THE CONNECTION OF PROPERTY TO THE GRANGER CREEK SANITARY INTERCEPTOR SEWER EXTEN- SION Whereas, after full consideration of the schedule of sanitary connection fees proposed to be made for the Granger Creek Sanitary Interceptor Sewer Extension, which schedule of Regular Session, August 1, 2005 305 connection fees was filed in the office of the City Clerk on the 30th day of June, 2005; and Whereas, the City Council has determined that the amounts shown on said schedule are proper and are in proportion to the benefits conferred; and Whereas, the City Council further finds that the schedule of sewer connection fees for the Granger Creek Sanitary interceptor Sewer Extension be approved and adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. There is hereby established a schedule of sewer connection fees of the Granger Greek Sanitary Interceptor Sewer Extension for the connection of property to said City sewer. Section 2. Each property owner whose property will be served by connection to said City sewer shall pay a sewer connection fee to the City, as shown on the schedule of sewer connection fees attached hereto. Section 3. Such connection fee shall be due and payable when a sewer connection application is filed with the City. All fees collected under this Ordinance shall be paid to the City Treasurer. Section 4. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recording in the office of the Dubuque County Recorder. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of August, 2005. Jeanne F. Schneider, City Clerk 11 8/8 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 6-1 with Cline voting Nay. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-1 with Cline voting Nay. Staff was directed to send a letter to the affected homeowners clarifying the connection fee and that it was not the first step towards annexation of their property. Rosedale Avenue Reconstruction Project: Proofs of publication on notice of hearing on plans and specifications and notice to notice to property owners, and City Manager recommending adoption of the plans and specifications for the Rosedale Avenue Reconstruction Project, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. Mike Mulgrew, 1694 Catherine, spoke objecting to the project. Anthony Rokusek, 1168 Rosedale, spoke objecting to the project, citing inaccessibility to his home during construction. RESOLUTION NO. 361-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 5th day of July, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Rosedale Avenue Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 362-05 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE ROSE DALE AVENUE RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Rosedale Avenue Reconstruction Project has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: -L Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule 306 Regular Session, August 1, 2005 Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the _ day of , 2005, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjoumed meeting. Abandoned. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 363-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Rosedaie Avenue Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shali be in an amount which shali 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 shali not be iess than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 4th day of August, 2005. Bids shali be opened and read by the City Clerk at said time and wili be submitted to the Council for final action at 6:30 p.m. on the 15'h day of August, 2005. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Nowata Street Reconstruction Project: Proofs of publication on notice of hearing on plans and specifications and notice to property owners, and City Manager recommending adoption of the plans and specifications for the Nowata Street Reconstruction Project, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Connors. Motion carried 7-0. Kathy Scremin, 1475 University Avenue, spoke objecting for herself and her father, Larry Hesse. RESOLUTION NO. 364-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 5th day of July, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Rosedale Avenue Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plan's, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 365-05 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE NOWATA STREET RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Nowata Street Reconstruction Project has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, ali persons offering objections have been heard and consideration given to ali objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: ...x... Adopted, without amendment, and ali objections filed or made having been duly considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. AIi objections filed or made having been duly considered are overruled. Deferred for later consideration to a City Council meeting to be held on the Regular Session, August 1, 2005 307 _ day of , 2005, next at 6:30 p.m. in the Public Library Auditorium, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 366-05 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCiL OF THE CITY OF DUBUQUE, IOWA: That the Nowata Street Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having generai circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day of August, 2005. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Councii for final action at 6:30 p.m. on the 15'h day of August, 2005. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Synergy Court DICW - Street and Utilities Construction Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Synergy Court DICW - Street and Utilities Construction Project to Top Grade Excavating, Inc., in the amount of $386,446.60, presented and read. Cline moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 367-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 5th day of Juiy, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Synergy Court DICW - Street and Utilities Construction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 368-05 AWARDING CONSTRUCTION CONTRACT FOR THE SYNERGY COURT ClCW - STREET AND UTiliTIES CONSTRUCTION PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Synergy Court DICW - Street and Utilities Construction Project pursuant to Resolution No. 309-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of July, 2005. Whereas, said sealed proposals were opened and read on the 26th day of Juiy, 2005, and it has been detemnined that the bid of Top Grade Excavating, Inc. in the amount of $386,446.60 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 Top Grade Excavating, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 308 Regular Session, August 1, 2005 RESOLUTION NO. 369-05 APPROVING CONSTRUCTION CONTRACT WITH TOP GRADE EXCAVATING, INC. FOR THE SYNERGY COURT DlCW - STREET AND UTILITIES CONSTRUCTION PROJECT Whereas the City Council by Resolution No. 368-05 awarded the construction contract for the Synergy Court DlCW - Street and Utimies Construction Project to Top Grade Excavating, Inc.; and Whereas Top Grade Excavating, Inc. 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 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. University Avenue Extension Project - Phase II: Proof of publication on notice of hearing on the plans and specifications and City Manager recommending award of the contract for the University Avenue Extension Project - Phase II, which was bid through the Iowa Department of Transportation, to Horsfield Construction, Inc. in the amount of $880,000, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 370-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of July, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the University Avenue Extension - Phase II, PCC Pavement Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 371-05 AWARDING CONTRACT FOR THE UNIVERSITY AVENUE EXTENSION PROJECT PHASE II - PCC PAVEMENT PROJECT IOWA DOT PROJECT NO. STP-U-2100 (635)--70-31 Whereas, said sealed proposals were opened and read on the 21" day of June, 2005, by the Iowa Department of Transportation (Iowa DOT), and it has been determined that the bid of Horsfield Construction, Inc. of Dubuque, Iowa, in the amount of $880,000.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . That the contract for the above improvement be awarded to Horsfield Construction, Inc., subject to the concurrence by the Iowa Department of Transportation (Iowa DOT), and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 372-05 APPROVING CONSTRUCTION CONTRACT WITH HORSFIELD CONSTRUCTION, INC. FOR THE UNIVERSITY AVENUE EXTENSION - PHASE II, PCC PAVEMENT PROJECT Whereas the City Council by Resolution No. 371-05 awarded the construction contract for the University Avenue Extension - Phase II, PCC Pavement Project; and Whereas Horsfield Construction, Inc. 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, subject to the concurrence by the Iowa Department of Transportation (Iowa DOT). 2. The City Manager is hereby authorized and directed to execute the contract on behalf of the City of Dubuque, subject to the concurrence by the Iowa Department of Transportation (Iowa DOT). Passed, approved and adopted this 1" day of August, 2005. Regular Session, August 1, 2005 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Water Works Park: Communication from Rob McDonald, AY. McDonald Mfg. Co. Charitable Foundation, requesting that the name of Water Works Park be permanently changed to AY. McDonald Park in consideration for a $250,000 contribution towards construction of the park by the AY. McDonald Mfg. Co. Charitable Foundation, presented and read. Cline moved that the communication be received and filed and referred to the City Manager to re-evaluate the process and the amount of money proposed for various naming rights. Seconded by Michalski. Motion carried 7-0. The City Manager was given authority to visit with the McDonald family and come back with a recommendation. Commissioner of Elections: Communication from Denise M. Dolan, Commissioner of Eiections, proposing that various precincts be combined for school board and City elections, presented and read. Cline moved that the communication be received and filed and to concur with the recommendation. Seconded by Nicholson. Motion carried 7-0. County Auditor Denise Doian spoke stating this is a cost-saving measure for the City. Nicholson moved that the following be removed from the table. Seconded by Michalski. Motion carried 7-0. 409 Burch Street (Tabied from July 18, 2005 Meeting): City Manager submitting an update on the progress being made on 409 Burch Street; City Manager recommending approval of the initiation of eminent domain proceedings for the property located at 409 Burch Street; communication from Joseph Bitter requesting that the City delay any further action regarding the property at 409 Burch Street and a Resolution Authorizing the acquisition by eminent domain of certain real property at 409 Burch Street, Dubuque, Iowa, owned by John White, presented and read. Michalski moved that this item be received and filed and tabled to September 6, 2005. Seconded by Nicholson. Motion carried 7-0. Knob Hill Subdivision Sidewaik Installation: City Manager recommending concurrence on the enforcement of sidewalk installation, as part 309 of the Sidewalk Inspection Program, on properties in the Knob Hill Subdivision that abut Fremont Avenue, as well as for any other subdivisions with installation requirements or streets that were part of a street paving program but did not have sidewalk installed at the time of construction, presented and read. Cline moved that the communication be received and filed and concur with the recommendation. Seconded by Nicholson. Motion carried 7-0. REAP Committee: City Manager recom- mending approval of the Fiscal Year 2006 Dubuque County REAP Plan, submittal of the Fiscal Year 2006 REAP grant application of $200,000 for Phase 1 of the Iowa 32 Bike/Hike Trail, and reaffirming Council Member Joyce Connors as the City Council representative to the REAP Committee, presented and read. Cline moved that the communication be received and filed and reaffirmed Joyce Connors as Council representative to the REAP Committee. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 373-05 RESOLUTION AUTHORIZING A REAP GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR PHASE 1 OF IOWA 32 BIKE/HIKE TRAIL Whereas, the City of Dubuque has identified the Iowa 32 Bike/Hike Trail as an important recreational facility to be developed as part of the City's commitment to a citywide bike/hike network adopted by the City of Dubuque in 1995; and Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bikelhike trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan that includes goals for development of bikelhike trails. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for Phase 1 of the Iowa 32 Bike/Hike Trail. Section 2. 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 use in accordance with state requirements. Passed, approved and adopted this 1" day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 310 Regular Session, August 1, 2005 Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. New Sidewalk Installation: Financial Assistance Funding Opportunity: City Manager recommending approval of a revision to the sidewalk program to provide financial assistance for new sidewalk installation costs for eligible low and moderate income, owner occupied residential properties, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Weed Ordinance Revision: City Manager recommending approval of an amendment to the Weed Ordinance to provide for notification by certified mail in order to comply with the requirements in the Iowa Code, 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, Sec. 45-52 Notice to Owner to Remove and Sec. 45-54 Collection of Cost of Removal by City, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 47-05 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, SEC. 45-52 NOTICE TO OWNER TO REMOVE AND SEC. 45-54 COLLECTION OF COST OF REMOVAL BY CITY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 45-52 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 45-52. Notice to owner to remove: Whenever the city manager shall determine that the nature or quantity of weeds, vines, brush or other growth on any lot or parcel of land in the city is such as to constitute a health, safety or fire hazard, the city manager shall mail a written notice by certified mail to the owner of said lot or parcel of land, or the owner's agent or attorney, notifying the owner of said property to cut or destroy such weeds, vines or other growth and that if the owner fails to remove such weeds, vines or other growth within five (5) days after the mailing of such notice, the city manager will cause said weeds, vines or other growth to be cut and destroyed and certify the actual cost thereof to the city clerk who, in tum, will certify such cost plus the costs of administration to the county treasurer and it will then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. The notice shall also provide the owner with an opportunity for a hearing to contest the determination and abatement order. Prior to certifying such costs to the city clerk, the city manager shall mail a written notice by certified mail to the owner stating the costs to be certified and shall provide the owner with an opportunity for a hearing to contest the amount of such costs. Section 2. Sec. 45-54 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 45-54. Collection of cost of removal by city: In the event the owner of a lot or parcel of land, who has been notified pursuant to Section 45-52, shall fail to remove weeds, vines or other growth within five (5) days after the mailing of such notice, it shall be the duty of the city manager to cause said weeds, vines or other growth to be cut and destroyed and to certify the actual cost thereof to the city clerk who, in turn, shall certify such cost plus the costs of administration to the county treasurer and it shall then constitute a lien against said property and be collected with and in the same manner as general property taxes on said property. Section 3. This ordinance shall take effect upon publication. Passed, approved and adopted this 1st day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of August, 2005. Jeanne F. Schneider, City Clerk 118/8 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. Downtown Parking Meters: City Manager recommending approval of parking on certain portions of Main Street, Ninth Street and 12th Street and the addition of sixteen parking meters at these locations, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. An Ordinance No. 48-05 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by deleting portions of Ninth Street and Twelfth Street, presented and read. Regular Session, August 1, 2005 OFFICIAL PUBLICATION ORDINANCE NO. 48-05 AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING PORTIONS OF NINTH STREET AND TWELFTH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by deleting from Subsection (d) of Section 32-262 the following: Ninth Street, West, both sides, from University Avenue to Bluff Street; north side, from Bluff Street to Locust and Iowa Street to fire headquarters' driveway; south side, from Locust Street to alley east of Locust Street and from Main Street to the alley west of Iowa Street and Iowa Street to Central Avenue. 1) Twelfth Street, West, north and east sides, from Bluff Street to Grove Terrace; south side, from Bluff Street to a point approximately one hundred sixty feet (160') west of Bluff Street; north side, from Iowa Street to Main Street; south side, from White Street to the alley west of Central Avenue. Section 2. That the Code of Ordinances of the City of Dubuque, iowa, is amended by adding to Subsection (d) of Section 32-262 the following: 1) Ninth Street, West, both sides, from University Avenue to Bluff Street; north side, from Biuff Street to Locust and Iowa Street to fire headquarters' driveway; south side, from Main Street to the alley west of Iowa Street and from Iowa Street to Central Avenue. 2) Twelfth Street, West, north and east sides, from Bluff Street to Grove Terrace; south side, from Bluff Street to a point approximately one hundred sixty feet (160') west of Bluff Street. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of August, 2005. Jeanne F. Schneider, City Clerk 1t8/5 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. An Ordinance Amending Section 32-262(1) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets 311 or portions thereof by deleting a portion of Ninth Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 49-05 AMENDING SECTION 32-262(1) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING A PORTION OF MAIN STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by deleting from Subsection (I) of Section 32-262 the following: No Parking Six O'Clock A.M. To Six O'Clock P.M. Monday Through Saturday Except Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through Saturday, except holidays, upon the following streets or parts of streets: Main Street, west side, Ninth Street to Tenth Street. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, is amended by adding to Subsection (I) of Section 32-262 the following: No Parking Six O'Clock A.M. To Six O'Clock P.M. Monday Through Saturday Except Holidays: When signs are erected giving notice thereof, no person shall park a vehicle between the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., Monday through Saturday, except holidays, upon the following streets or parts of streets: Main Street, west side, Ninth Street to a point one hundred ten feet (110') south of Tenth Street. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of August, 2005. Jeanne F. Schneider, City Clerk 1t8/5 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. Cooper Management Company, LLC - Outdoor Service Liquor Application: City Manager submitting an update of police calls for 312 Regular Session, August 1, 2005 PUBLIC INPUT service regarding Cooper Management Company, LLC (Stonewall Lounge, Bricktown Brewery, Blackwater Grill and the Underground) located at 299 Main Street and recommending that the liquor application for an outdoor service be tabled to September 6, 2005, communication from Scott Neuwoehner, Bricktown Brewery, requesting that the license be approved or the matter dismissed but not tabled, and a Resolution Granting the issuance of a Class "C" Beer/Liquor (Outdoor Service) License to Bricktown/Stonewall LoungelBlackwater Grill, presented and read. Michalski moved that this matter be tabled to 9/6/05 with direction to look at safety issues of an' outdoor service license at this busy intersection. Seconded by Nicholson. Motion carried 6-1 with Markham voting Nay. Contract and Bond Approval for Public Improvement Contracts: City Manager recommending that he be authorized to approve executed. contracts and bonds, upon review by the Corporation Counsel, for public improvement projects, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 374-05 AUTHORIZING THE CITY MANAGER TO APPROVE PUBLIC IMPROVEMENT CONTRACTS AND BONDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Manager is hereby authorized to execute the contract and bond for a public improvement project on behalf of the City of Dubuque, upon the recommendation of the Corporation Counsel, when the contract and bond are consistent in all material respects with the form of such contract and bond approved by the City Council. The City Manager shail submit the executed contract and bond to the City Council at a regular meeting as soon as practicable after the contract and bond are executed. Passed, approved and adopted this 1" day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. COUNCIL REPORTS Council Member Michalski reported that Council Member Nicholson had been nominated as President-Elect of the League of Iowa Cities. Dale Wilming, 2650 Shiras, addressed the Councii regarding the amount of vehicles that use Shiras Avenue as a race track and questioned why the speed limits and noise violations were not being enforced. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 8:30 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 8/10 2005 2005 Special Session, August 1, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 15, 2005 Council met in Special Session at 4:00 P.M. in the Library Auditorium Present: Mayor Duggan, Council Buol, Ciine, Connors, Markham, Nicholson, City Manager Van Corporation Counsel Lindahl Members Michalski, Milligen, Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing the Zoning and Subdivision Ordinance update. Kim Mickelson, of Lane Kendig, Inc. presented an update of their work on the Zoning and Subdivision Ordinance. She requested clarification on several decision points, the first being whether the City Council preferred to have the Zoning Ordinance separate from the Subdivision Ordinance or that they be combined into a "Unified Deveiopment Code." There was consensus for the Unified Development Code to provide a more concise, simplified ordinance; other points discussed were the inclusion of historic preservation districts and urban revitalization districts into the Unified Development Code; manufactured/industrialized homes, and Planned Unit Development Districts (PUDs). The next step in the process will be a session to review the first six chapters of the proposed code. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 5:32 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 11 8/24 APproved</f1U$!~-{/ /Y Adopted ~(ff4Jlkd/ / Y 7fi!J,~ t '~-<-4"(,'~. "'/:/1 'c- , 1 ) Al',d:: Ii jY,.{(~ Council Mem rs 313 2005 2005 ~ 314 Regular Session, August 15, 2005 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, August 15, 2005 Council met at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Ciine, Connors, Duggan, Markham, Michalski, Nicholson, City Manager Van Milligen, Corporation Counsel Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Deacon Paul Peckosh of SI. Raphael's Cathedral. Proclamations: Tour de Dubuque Day (August 27, 2005) received by representatives of the Custom Riders, and Irish Hooiey Day (September 18, 2005) received by Maureen and Ken Siegert. CONSENT ITEMS Minutes and Reports Submitted: Airport Commission of 7/1 and 8/1; Arts and Cultural Affairs Advisory Commission of 6/28; City Council of 8/1/; Electrical Code Board of 8/1; Five Flags Commission of 6/28; Historic Preservation Commission of 7/7 and 7/21; Housing Code Appeals Board of 1/25 and 5/17; Human Rights Commission of 7/11; Investment Oversight Advisory Commission of 7/27; Zoning Advisory Commission of 8/3; Zoning Board of Adjustment of 7/28, presented and read. Buol moved that the minutes be received and filed. Seconded by Connors. Motion carried 7-0. Proofs of publication of City Council Proceedings of June 27 and July 18, 2005 and List of Claims and Summary of Revenues for Month Ended June 30, 2005, presented and read. Buol moved that the proofs be received and filed. Seconded by Connors. Motion carried 7-0. Investment Oversight Advisory Commission submitting the 45th Quarterly Report, presented and read. Buol moved that the communication and report be received and filed. Seconded by Connors. Motion carried 7-0. Library Board of Trustees Update from Meeting of June 28, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Notice of Claims/Suits: Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Clarence Armbruster for personal injury, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Connors. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Molly Weidenbacher for vehicle damage and directing the Finance Department to issue payment, presented and read. Buol moved that the communication be received and filed and approved recommendation and Finance Department to issue proper payment: Seconded by Connors. Motion carried 7-0. Park Maintenance Roof Project: City Manager recommending acceptance of the Park Maintenance Roof Project as completed by Stumpf Construction in the final contract amount of $44,520, presented and read. Buol moved that the communication be received and fiied. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 375-05 ACCEPTING IMPROVEMENT Whereas, the contract for the Park Maintenance Roof Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 376-05 FINAL ESTIMATE WHEREAS, the contract for the Park Maintenance Roof Project has been completed Regular Session, August 15, 2005 and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the cost of said improvement is hereby detennined to be $44,510, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Harvest View Park Development Project: City Manager recommending acceptance of the Harvest View Park Development Project as completed by Klauer Construction in the final contract amount of $105,265, presented and read. Buoi moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 377-05 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Harvest View Park Development Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 378-05 FINAL ESTIMATE WHEREAS, the contract for the Harvest View Park Development Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; 315 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the cost of said improvement is hereby determined to be $105,265, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Cedar Street and Dog Track Wastewater Pump Station Rehabilitations: City Manager recommending approval of the selection of WHKS & Company to provide engineering design and construction services for the Cedar Street Lift Station and Dog Track Lift Station modlficatiOrlS project, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 2004 Certified Local Government (CLG) Annual Report: City Manager transmitting the 2004 Certified Local Government (CLG) Annual Report, presented and read. Buol moved that the communication and report be received and filed. Seconded by Connors. Motion carried 7-0. RFP for Property Acquisition Consultant for the Bee Branch Creek Restoration Project: City Manager recommending approval of a Request for Proposals for property acquisition services for the commercial property south of 16th Street required for the Bee Branch Creek Restoration Project, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Zoning Advisory Commission: Communication from Ben Roush submitting his resignation from the Zoning Advisory Commission, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. APAC Customer Services, Inc.: Commu- nication from Mark A. Gerard, Assistant General Counsel for APAC Customer Services, Inc., advising that the APAC customer service facility located at 3250 JFK Circle, Dubuque, Iowa, will discontinue operations and that employees would be separated from employment during a fourteen day period commencing on September 26, 2005, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. 316 Regular Session, August 15, 2005 East Central Intergovernmental Association: Communication from Kelley Deutmeyer, Executive Director of ECIA, submitting the Fiscai Year 2006 Unified Work Program and the June 30, 2005 Comprehensive Economic Develop- ment Strategy Annual Report, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. Dubuque Community School District: Communication from Dr. Kris Hall, Executive Director of Equity Operations and School Services for the Dubuque Community School District, requesting that the west side of Nevada Street be changed to no parking from the north end of Lincoln's property line to West Fifth Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Asbury Plaza Shopping Center - Final Plat of Asbury Plaza No. 14: Zoning Advisory Commission recommending approval of the final plat of Asbury Plaza No. 14 located in Asbury Plaza Shopping Center, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 379-05 RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA NO. 14 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Asbury Plaza No. 14; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Final Plat of Asbury Plaza No. 14 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. Passed, approved and adopted this 15'h day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Dubuque Industrial Center 4th Addition West - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lots 1 through 4 and Lots A, Band C of Dubuque Industrial Center 4th Addition West, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 380-05 APPROVING THE FINAL PLAT OF LOTS 1 THRU 4, AND LOTS A, B, AND C OF DUBUQUE INDUSTRIAL CENTER WEST 4th ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Final Plat of Lots 1 thru 4, and Lots A, B, and C of Dubuque Industriai West 4th Addition in the City of Dubuque; and Whereas, upon said Final Plat appears a street to be known as Synergy Court (Lot A), together with certain public utility and sanitary sewer easements which the owners by said Final Plat have dedicated to the public forever; and Whereas, said Final' Plat has been reviewed by the Zoning Advisory Commission and had their 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 to it, except that no streets or public utilities have yet been constructed or installed, and that a preliminary plat has not been submitted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-14(d)(2) of the City of Dubuque Subdivision Regulations requiring the submittal of a preliminary plat is hereby waived. Section 2. That the dedication of Synergy Court (Lot A) together with easements for public utilities and sanitary sewer as they appear upon said Final Plat be and the same are hereby accepted. Section 3. That the Final Plat of Lots 1 thru 4, and Lots A, B, and C of Dubuque Industrial Center West 4th Addition 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. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, including lots with multiple frontages, 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. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. All vacant lots shall have sidewalks installed upon development of eighty percent (80%) of the developable lots approved by the Final Plat. Regular Session, August 15, 2005 317 Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer that all public improvements have been completed in accordance with the improvement plans and City standard specifications. Passed, approved and adopted this 15th day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Connors. Motion carried 7-0. Rosedale Avenue Reconstruction Project: City Manager recommending award of the contract for the Rosedale Avenue Reconstruction Project to Portzen Construction, inc. in the amount of $1,468,984.70, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 381-05 AWARDING CONSTRUCTION CONTRACT FOR THE ROSE DALE AVENUE RECON- STRUCTION PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Rosedale Avenue Reconstruction Project pursuant to Resolution No. 363-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 81h day of July, 2005. Whereas, said sealed proposals were opened and read on the 41h day of August, 2005, and it has been determined that the bid of Portzen Construction, Inc. in the amount of $1,468,984.70 was the lowest bid for the furnishin9s 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 Portzen Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 161h day of August, 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. Nowata Street Reconstruction Project: City Manager recommending award of the contract for the Nowata Street Reconstruction Project to McDermott Excavating in the amount of $337,082.33, presented and read. Buol moved that the communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 382-05 AWARDING CONSTRUCTION CONTRACT FOR THE NOWATA STREET RECON- STRUCTION PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Nowata Street Reconstruction Project pursuant to Resolution No. 366-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 81h day of July, 2005. Whereas, said sealed proposals were opened and read on the 91h day of August, 2006, and it has been determined that the bid of McDermott Excavating in the amount of $337,082.33 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 McDermott Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 151h day of August, 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. Capital Improvement Project for Airport Self Fueling System: City Manager recommending approval for the Airport to purchase a self fueling system at a cost of $56,445, which would come from additional lOOT funds and trade-in of a 1985 GMC refueler truck, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Legal Department Intern: Communication from Randie Herdegen, Legal Intem, expressing appreciation for the opportunity to work for the City of Dubuque, presented and read. Buol moved that the communication be received and fiied. Seconded by Connors. Motion carried 7-0. United Parcel Service: Communication from Eric L. lucas, United Parcel Service, inquiring 318 Regular Session, August 15, 2005 about the possibility of purchasing a portion of a City streeValley abutting the property at 2550 Kerper Boulevard, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Tobacco Compliance - Civil Penalties for Tobacco Permit Hoiders: City Manager recommending acceptance and approval of an Acknowledgement I Settlement Agreement for lucky 13 Tavern and Dubuque Plaza 20 Amoco and the assessment of a $300 penalty for a first tobacco compliance violation, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Connors. Motion carried 7-0. Performance, Payment and Maintenance Bonds and Improvement Contracts: Comiskey Park Tennis Court and Skate Park Project; University Avenue Extension - Phase II; Synergy Court DICW - Street and Utilities Construction Project, presented and read. Buol moved that the communication be received and filed and approved bonds and contracts. Seconded by Connors. Motion carried 7-0. Business Licenses: RESOLUTION NO. 383-05 Whereas, applications for Beer Permits 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 Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER (5 - DAY SPECIAL EVENT) Riverfest Special Event Riverfest Special Event+(Sunday Sale) 7'" & Town Clock CLASS "C" BEER PERMIT Sid's Beverage Store Sid's Beverage +(Sunday Sale) 2727 Dodge St Shreeji Services Inc. Clark of Dubuque+ (Sunday Sale) 700 Rhomberg Av Rainbo Oil Comp Kwik Stop Food Mart+(Sunday Sale) 2255 Kerper Blvd TFM Co. Oky Doky # 6+ (Sunday Sale) 1256 Iowa St Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 384-05 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE Clarke College of Dubuque Quigley Gal. Wahlert Atrium +(Sunday Sale) 1550 Clarke Dr l & l Investment Co Players Sports Bar+ (Sunday Sale) 1 902 Central Av CLASS "B" WINE Sid's Beverage Store Sid's Beverage 2727 Dodge St TFM Co. Oky Doky # 6 1256 Iowa St Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Discussion ensued about the Piayer's Sports Bar police report which showed several police calls to that business. Dave Lorenz spoke explaining that the number of police calls and problems were due to college students in their first semester and is limited. Chief Wadding spoke clarifying that the incidents were related to one incident and the business is working with the Police. Michalski moved to receive and file the information and request a three month report of this business. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Alliant Easement in Port of Dubuque: City Manager recommending that a public hearing be set for September 6, 2005 to consider granting an easement to Alliant Energy In the Port of Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Regular Session, August 15, 2005 RESOLUTION NO. 385-05 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO INTERSTATE POWER AND LIGHT COMPANY Whereas, the City of Dubuque, Iowa (City) owns certain real property described in the Electric Line Easement attached hereto known as the Port of Dubuque (the Property); and Whereas, Interstate Power and Light Company (Interstate) now has a Transmission Line Easement on the Property; and Whereas, City and Interstate now desire to substitute a new easement for the Transmission Line Easement; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Electric Line Easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, intends to dispose of the City's interest in the foregoing-described real property pursuant to the Electric Line Easement attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 6th day of September, 2005, at 6:30 p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 9/6/05 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Airport Commission (Two 4-year terms through 9/14/09 - terms of Brotherton and O'Neill Applicants: Douglas Brotherton, J.K. Hanson II, Michael A. Santillo. Mr. Brotherton, Mr. Hanson and Mr. Santillo all spoke requesting consideration for appointment. Housing Code Appeals Board (Two 3-years terms through 1/11/08 - vacant) Applicants: Sandra Moore. Ms. Moore spoke requesting consideration for appointment. 319 Appointments to the following Boards / Commissions: Mediacom Cultural Affairs Charitable Foundation Board (Two Council appointments) Applicants: Richard Hall, John Woodin, Ellen Hartmann Henkels, and Rebecca Fabricius (currently on Arts and Cultural Affairs Advisory Commission) Vote on the appointments was as follows: Buol voted for Hall and Fabricius. Cline voted for Hall and Henkels. Connors voted for Hall and Fabricius. Duggan voted for Hall and Fabricius. Markham voted for Hall and Fabricius. Michalski voted for Hall and Henkels. Nicholson voted for Hall and Henkels. Therefore, Richard Hall and Rebecca Fabricius appointed to the Mediacom Cultural Affairs Charitable Foundation Board. Electrical Code Board (Three 3-year terms through 5/21/08 - Hammel, Pfohl, Pregler): Applicant: Dan Hammel Michalski moved that Dan Hammei be reappointed for a term to expire 5/21/08. Seconded by Connors. Motion carried 7-0. Housing Commission (Three 3-year terms through 8/17/08 - Helling, Neustadt, Mozena) Applicants: Anthony Allen, William D. Helling, Julie A. LeClere, Angela Mozena, Harry Neustadt Vote on the appointments was as follows: Buol voted for Hellings, Mozena and Neustadt. Cline voted for Hellings, Mozena and Neustadt. Connors voted for Hellings, Mozena and Neustadt. Duggan voted for Allen, Hellings and Neustadt. Markham voted for Hellings, Mozena and Neustadt. Michalski voted for Hellings, Mozena and Neustadt. Nicholson voted for Hellings, Mozena and Neustadt. Therefore, William Helling, Angela Mozena and Harry Neustadt reappointed to three year terms which will expire 8/17/08. Human Rights Commission (One unexpired term through 1/1/08 - term of McAlpin) Applicants: Mary Gassman, Marcos Rubinstein Vote on the appointment was as follows: Buol voted for Rubinstein; Cline voted for Rubinstein; Connors voted for Gassman; Duggan voted for Rubinstein; Markham voted for Rubinstein; Michalski voted for Gassman; Nicholson voted for Rubinstein. Therefore, Marcos Rubinstein was appointed to the unexpired term which will expire 1/1/08. Library Board of Trustees (One 4-year term through 7/1/09 - term of Felderman) (Mayor Appointment); Applicant: Dennis Healy, Becky Hauder Becky Hauder spoke requesting consideration for appointment. Communication from Mary Strom in support of the application of Dennis Heaiy, presented and 320 Regular Session, August 15,2005 read. Markham moved the communication be received and filed. Seconded by Cline. Motion carried 7-0. Mayor Duggan appointed Becky Hauder to the Library Board for a four year term which will expire 7/1/09. Markham moved to concur with the Mayor's appointment of Becky Hauder. Seconded by Cline. Motion carried 7-0. Therefore, Becky Hauder, appointed to the Library Board for a term to expire 1/1/08. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Nicholson. Motion carried 7-0. I.D. Associates/Aaron's: Proof of publication on notice of hearing to consider amending the Wacker Plaza PUD Planned Unit Development sign regulations as requested by I.D. Associates/Aaron's to install a free standing pole sign to exclusively promote Aaron's and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nichoison. Motion carried 7-0. The General Manager of Aaron's spoke requesting adoption of the Ordinance. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described properly located at the northeast comer of U.S. Highway 20 and Wacker Drive by amending Section E, Sign Regulations, of Ordinance No. 40-89 that established the PUD Planned Unit Development District for Wacker Plaza, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 50-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY 20 AND WACKER DRIVE TO AMEND ORDINANCE NO. 40-89 THAT ESTABLISHED THE PUD PLANNED UNIT DEVELOPMENT DISTRICT FOR WACKER PLAZA AND AMENDING SECTION E. SIGN REGULATIONS 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 providing for the amendment of Ordinance No. 40-89, which adopted regulations for the Wacker Plaza Planned Unit Development District for hereinafter described properly, as shown on Exhibit A, and to the centerline of the adjoining public right of way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5(2003), and as an express condition of the reclassification, the undersigned properly owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: E. Sians. The following regulations shall apply to all signs in this particular PC Planned Commercial District. 1) A maximum of five (5) freestanding on- premise signs shall' be permitted with a maximum area of 125 square feet each and a maximum height of 40 feet. 2) The total wall-mounted signage maximum area shall be two square feet for each lineal foot of building fa~ade. The signable area shall be distributed among all tenants on the site, with a maximum of three signs per business. Wall- mounted signs may be located on any wall below eave or parapet line. 3) A maximum of two (2) off-premise signs shall be permitted on the premises with the maximum area of 750 square feet and a maximum height shall be 40 feet. 4) Directional signs shall be permitted at six square feet per sign panel, either wall-mounted projecting or free-standing, with a maximum height of ten feet. 5) No name plate or directory signs are allowed. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15'h day of August 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of August. 2005. Jeanne F. Schneider, City Clerk 11 8/22 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 passage and adoption of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Regular Session, August 15, 2005 Asbury Plaza Shopping Center: Proof of publication on notice of hearing to consider rezoning property located at the northwest corner of Asbury Road and the Northwest Arterial by amending the ASbury Plaza PUD Planned United Development/PC Planned Commercial designation to modify maximum building height as requested by Asbury Dubuque 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. Steven SI. Peter of Asbury Plaza, LLC, spoke requesting adoption of the Ordinance. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reciassifying hereinafter described property located at the northwest corner of Asbury Road and the Northwest Arterial to amend Ordinance No. 44-99 that established the PUD Planned Unit Development District for Asbury Plaza and amending the buiiding height restriction for out lots, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 51-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND THE NORTHWEST ARTERIAL TO AMEND ORDINANCE NO. 44-99 THAT ESTABLISHED THE PUD PLANNED UNIT DEVELOPMENT DISTRICT FOR ASBURY PLAZA AND AMENDING THE BUILDING HEIGHT RESTRICTION FOR OUT LOTS 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 providing for the amendment of Ordinance No. 44-99, which adopted regulations for the Asbury Plaza Planned Unit Development District for hereinafter described property, as shown on Exhibit A, and to the centerline of the adjoining public right of way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5(2003), and as an express condijion of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reciassification: 8. Lot and Buik Reoulations 321 Development of land in the PUD District shall be reguiated as follows: 1) All shopping center buildings, structures and activities shall be developed in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and Section 3-5.5 of the Zoning Ordinance. 2) All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 3) All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial District, except maximum height, as established in Section 3-3.3 of the Zoning Ordinance. 4) All retail commercial buildings and structures located on out lots shall be limited to a maximum height of 25 feet, except Lot 2 Asbury Plaza No. 14, shall have a maximum height of 35 feet. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 151h day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Heraid newspaper this (NOT PUBLISHED AS OF 12/12/05) Jeanne F. Schneider, CMC, City Clerk 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. Gronen Properties LLC / Michelle Mihalakis: Proof of publication on notice of hearing to consider rezoning property located at 2080 Eim Street from R-2A Alternate Two-Family Residential District to OR Office Residential District as requested by Michelle Mihalakis / Gronen Properties LLC for development of a twenty room SRO and Zoning Advisory Commission recommending approval and communication from Dolores M. Schiltz in opposition to the proposed rezoning at 2080 Elm Street, presented and read. Michelle Mihalakis, applicant, spoke explaining this would be a SRO for women only, that it would increase property values and it would be established in partnership with Maria House and other organizations. Ms. Mihalakis explained 322 Regular Session, August 15, 2005 that she had made an offer to purchase a piece of property adjacent to 2080 Elm to provide additional parking and possible green space. David Chatfield, Darlene Burds, Sheila Walter, and Mark Stein spoke in opposition to the proposed rezoning citing concerns regarding additional traffic. lack of parking and reduced green space in the area. Michelle Brown and Sherry McDonald of the Maria House spake in support of the project and stressed the need for it in Dubuque. Cindy Fitzgerald requested that Council look at the good of the project and not just the parking issue. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2080 Elm Street from R-2A Alternate Two-Family Residential District to OR Office Residential District, presented and read. Buol moved this be considered the first reading of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Ms. Mihalakis was directed by Council to meet with the neighbors in an attempt to address their concerns and to provide documentation with regard to the offer to purchase the additional property. Great River Road Interpretive Signage Project: Proofs of publication on notice of hearing on pians and specifications and notice to bidders and City Manager recommending adoption of the plans and specifications, rejection of all bids received, and the rebidding of the project, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Markham. Motion carried 6-0 with Nicholson temporarily out of the room. RESOLUTION NO. 386-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 18" day of July, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Great River Road Interpretive Signage 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 151h day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0 with Nicholson temporarily out of the room. RESOLUTION NO. 387-05 REJECTING ALL BIDS RECEIVED FOR THE GREAT RIVER ROAD INTERPRETIVE SIGNAGE PROJECT AND RE-ORDERING BIDS FOR THE PROJECT Whereas, sealed bid proposals have been submitted by contractors for the Great River Road Interpretive Signage Project (the project) pursuant to Resolution No. 335-05 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22'" day of July, 2005. Whereas, said sealed proposals were opened and read on the 91h day of August, 2005; and Whereas, the City Council has deemed it advisable to reject an bids and to re-bid the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bids for the above Project be rejected and the Manager is authorized and instructed to return the bid deposits of all the bidders. Section 2. That the City Clerk is hereby directed to Te-advertise for bids for the Project, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of September, 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 the City Council meeting on the 19th day of September, 2005. Passed, approved and adopted this 151h day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0 with Nicholson temporarily out of the room. Michalski moved to reinstate the rules limiting discussion to the Council. Seconded by Connors. Motion carried 6-0 with Nicholson temporarily out of the room. ACTION ITEMS OpportunifyDubuque: Communication from OpportunifyDubuque requesting City Council adopt a resolution of support to ensure that the community has the option to further study, assess and investigate whether the construction andlor operation of a communications utility is feasible and appropriate and submitting a Regular Session, August 15, 2005 petition requesting that the question of establishing a communications utility be placed on the ballot of the November 8, 2005 City Council election, presented and read. Cline moved that the communication be received and filed. Seconded by Connors. Motion carried 7- O. Council Member Michalski clarified that the vote was not for the establishment of the utility but for the ability to study the option. RESOLUTION NO. 388-05 RESOLUTION REQUESTING THE DUBUQUE COUNTY COMMISSIONER OF ELECTIONS TO PLACE THE QUESTION OF THE AUTHORIZATION OF THE CITY OF DUBUQUE TO ESTABLISH A MUNICIPAL COMMUNICATIONS UTILITY ON THE BALLOT FOR THE GENERAL ELECTION TO BE HELD NOVEMBER 8, 2005 Whereas, the City Council of the City of Dubuque, Iowa is in receipt of a petition calling for the placement of the question of the authorization of the City of Dubuque to establish a municipal communications utility on the ballot in Dubuque, Iowa for the general election to be held November 8, 2005; and Whereas, Iowa Code ~ 388.1 provides that upon receipt of a valid petition requesting that a proposal be submitted to the voters, the City Council shall submit the proposal at the next regular city election. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Dubuque County Commissioner of Elections is hereby requested to place the following question of the authorization of the City of Dubuque to establish a municipal communications utility be placed on the ballot for the general election to be held November 8, 2005: "Shall the City of Dubuque, Iowa, be authorized to establish a municipal utility to provide communications services, including but not limited to local exchange teiephone services, long distance telephone services, Internet access services, and television services." Section 2. That the City Clerk be and is hereby authorized and directed to provide a certified copy of this resolution to the Dubuque County Commissioner of Eiections. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Special Events in Public Right-of-Way: City Manager recommending approval of the establishment of a policy to hold special events 323 on public rights-of-way, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 7-0. Long Range Planning Advisory Commission: Appointment of City Council liaison to the Long Range Planning Advisory Commission (currently City Council Member Buol), presented and read. Markham moved that Council Member Cline be appointed as liaison as Council Member Buol removed himself from consideration. Seconded by Nicholson. Motion carried 7-0. Contract Change Order Approval: City Manager recommending that he be authorized to approve change orders to public improvement contracts and approving a procedure for such change orders, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 389-05 AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDERS TO PUBLIC IMPROVEMENT CONTRACTS AND PROVIDING A PROCEDURE FOR SUCH CHANGE ORDERS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. After award of a public improvement contract by the City Council, the City Manager or the City Manager's designee may approve change orders subject to the following procedure. All change orders shall be monitored by the City Manager to note the point in time when the change orders equai 10 percent of the budgeted amount approved by the City Council for the project or whenever the total for all change orders exceeds $100,000, whichever amount is greater. Once change orders totaling such amount have been issued, for any subsequent change order the City Manager shall provide an informational memorandum to the City Council containing an explanation of the change order and the status of the project and change orders issued to date at the next City Council meeting. The City Council may modify the $10,000 limit in the resolution approving a public improvement contract. Wonk on the project shall be allowed to continue during the time the City Manager is preparing the informational memorandum. 2. The foregoing procedure shall apply to unit priced contracts when it becomes apparent that there will be a change in the number of units that will have the effect of increasing the contract by the amounts specified above. 324 Regular Session, August 15, 2005 3. Notwithstanding the foregoing provisions, a change order shall be submitted to the City Council for approval when it involves a material change in the quantity or type of work to be done under the contract. 4. Once a project has been completed, the total quant~ies and costs shall be presented by the City Manager to the City Council for acceptance and payment. Such quantities shall include the quantities from change orders as well as the final, as-built measured quantities. Passed, approved and adopted this 15th day of August, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Highway 20 Bridge: City Manager requesting direction regarding a work session to discuss several aesthetic design issues for the Highway 20 Bridge Project as it enters Dubuque, presented and read. Cline moved that the communication be received and filed and scheduled Work Session for Monday, September 19, 2005 at 5:00 P.M. Seconded by Buo!' Motion carried 7-0. COUNCIL MEMBER REPORTS Cline questioned sidewalk responsibility near Culvers. At 8:39 P.M. Markham moved to go into Closed Session reo Pending Litigation and Properly Acquisition - Chapter 21.5(1 )(c)O) 2005 Code of Iowa. Seconded by Michalski. Motion carried 7-0. At 9:09 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Markham moved to adjourn. Seconded by Michaiski. Motion carried 7-0. The meeting adjourned at 9:10P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 8/24 2005 2005