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10 16 06 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, October 16, 2006 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the City Council. Invocation was given by Reverend Tom Mason, Captain of the Salvation Army Proclamations: Save for Retirement Week received by Personnel Director Randy Peck; Philanthropy Day received by Katharine Yarnell. CONSENT ITEMS Minutes and Reports Submitted: City Council of 10/2 and 10/10; Environmental Stewardship Advisory Commission of 9/5, 9/20 and 10/3, Housing Commission of 9/26; Human Rights Commission of 8/18 and 9/11; Library Board of Trustees of 7/27, 8/24, 8/28, and 9/8; Long Range Planning Advisory Commission of 9/20; Mechanical Board of 10/11; Park and Recreation Commission of 9/12; Plumbing Board of 10/10; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of 9/28, presented and read. Cline moved that the minutes be received and filed. Seconded by Lynch. Motion carried 7-0. Proofs of publication of City Council Proceedings of September 18, 2007, and List of Claims and Summary of Revenues for month ending August 31, 2006, presented and read. Cline moved that the proofs be received and filed. Seconded by Lynch. Motion carried 7-0. Notice of Claims/Suits: Debra Curiel for personal injury; First Supply, LLC for property damage; Jean Heim for vehicle damage; Tyler Kohl for vehicle damage; Nationwide Advantage Mortgage Company vs. Housing Services Department Lead Paint Hazard Reduction Program, et al, presented and read. Cline moved that the communications be received and filed and referred to the City Attorney for investigation and report. Seconded by Lynch. Motion carried 7-0. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Debra Curiel for personal injury, First Supply LLC for vehicle damage, and Ken Kohl for vehicle damage, presented and read. Cline moved that the communications be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. City Attorney recommending that the claim of Jean Heim for vehicle damage be referred to Selco, Inc., presented and read. Cline moved that the communication be received and filed and concurred. Seconded by Lynch. Motion carried 7-0. Franchise Fee Litigation: City Attorney Barry A. Lindahl recommending approval to retain the law firm of Ahlers & Cooney, P.C. to represent the City in the franchise fee litigation process, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. 1 Tri-State Trail Vision: Communication from the Board of Directors of the Tri-State Trail Vision, a non-profit group formed by the Envision 2010 Integrated Hike-Bike Trails Commission, requesting that the City include in the Fiscal Year 2008 a cost and feasibility study for a hiking-biking trail along the middle fork of Catfish Creek, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Final Plat – US Highway 52: Zoning Advisory Commission recommending approval of the final plat of Lot 1-2 and 2-2 of the West ½ of the SE ¼ Section 17, T88N R3E located on US Highway 52, Dubuque County as requested by Kenneth Lochner, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 499-06 RESOLUTION APPROVING THE FINAL OF LOT 1-2 AND LOT 2-2 OF THE WEST ½ OF THE SE ¼, SECTION 17, T88N, R3E, OF THE 5th P.M. IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Lot 1-2 and Lot 2-2 of the West ½ of the SE ¼, Section 17, T88N, R3E, of the 5th P.M. in Dubuque County, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and its approval endorsed there; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Blocks and Lots. Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1-2 and Lot 2-2 to have 0 feet of frontage, where 50 feet of lot frontage is required. Section 3. That the Final Plat is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said plat of survey. Passed, approved and adopted this 16th day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Plat of Survey – Cedar Lakes Subdivision: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1-2 and A-2 of Cedar Lake East Third Addition as requested by Gibbs Construction, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 500-06 A RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1-2 AND LOT A-2 OF CEDAR LAKE EAST THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition in the City of Dubuque, Iowa; and Whereas, upon said Plat of Survey appears a private street to be known as North Cedar Court (Lot A-2), with certain public utility easements, which the owner by said Plat of Survey has dedicated such easements to the public forever; and Whereas, the Plat of Survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and 2 Whereas, said Plat of Survey 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of easements for public utilities, as they appear upon said Plat of Survey, be and the same are hereby accepted; and Section 2. That the Plat of Survey of Lot 1-2 and Lot A-2 of Cedar Lake East Third Addition is hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Plat of Survey, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce North Cedar Court (Lot A-2) to grade and to hard surface with asphaltic concrete, all in accordance with the City of Dubuque standard specifications, in conformance with construction improvement plans approved by the City Engineer for a private street. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. The private street and sanitary sewer mains are so designated as private mains and shall be maintained by the owners and/or homeowners’ association. (c ) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Gibbs Construction, Inc., as owner of said property, shall secure the performance of the foregoing public water main provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that water main improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 4. That in the event Gibbs Construction, Inc. fails to execute the acceptance and furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance and approval the plat shall not be effective. Passed, approved and adopted this 16th day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Requests to Purchase: Communication from Richard Harrison, 801 Rising Street, requesting to purchase a portion of a City- owned street/alley abutting his property, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Communication from Tim Schmit II requesting to purchase a portion of a City-owned street/alley abutting his property at 650 Kane Street, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Communication from Jason “Jake” Schneider requesting to purchase a portion of a City street/alley abutting his property on Kelly Lane, presented and read. Cline moved that the communication be received and filed and referred to the City Manager. Seconded by Lynch. Motion carried 7-0. Friends of the Mines of Spain: Communication from Douglas G. Olk, president of the Board of Directors of Friends of the Mines of Spain, requesting a letter of support regarding the City’s financial commitment for 3 their expansion project, presented and read. Connors moved that the communication be received and filed and referred to the City Manager. Council Members Connors and Michalski voiced their support for the request. Seconded by Braig. Motion carried 7-0. Iowa Individual Health Benefit Reinsurance Assessment: City Manager recommending approval of the expenditure of $38,182.13 to the Iowa Individual Health Benefit Reinsurance Association for the City’s Iowa Individual Health Benefit Reinsurance Assessment, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Downtown Dubuque Master Plan – Consultant Selection: City Manager recommending approval of the selection of Community Land Use and Economics Group (CLUE) to perform services related to implementation of the Downtown Master plan, at a cost not to exceed $47,200, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. 409 Burch Street (Tabled from September 18, 2006 Meeting): City Manager recommending that this item be retabled to November 6, 2006, presented and read. Connors moved that this be received and filed and re-tabled to the Council Meeting of November 6, 2006. Seconded by Braig. Council Member Connors questioned the constant re-tabling of this matter and the City Manager responded that the Housing Department will meet with the owner to expedite progress on the rehabilitation of this property. Motion carried 7-0. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the September 2006 Comprehensive Plan Update, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Human Rights Commission: James L. Jarrard, Chair of the Human Rights Commission, advising that Mary Gassman has resigned her position on the Commission, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Collective Bargaining Agreement: City Manager recommending approval of a two-year collective bargaining agreement between the Teamsters Local Union No. 421 (Bus Operators) and the City of Dubuque for the contract period beginning July 1, 2006, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 501-06 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE TEAMSTERS LOCAL UNION NO. 421 (BUS OPERATORS) AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421 (Bus Operators), is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Teamsters Local Union No. 421 (Bus Operators), submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 4 Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. th Passed, approved and adopted this 16 day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Application for HUD Lead-Based Paint Hazard Control Grant: City Manager recommending approval of the submission of a Lead Demonstration Grant Application to HUD through the Dubuque County Board of Health, presented and read. Cline moved that the communication be received and filed and approved recommendation. Seconded by Lynch. Motion carried 7-0. Economic Development Loan – Sedgwick Claims Management Services, Inc.: City Manager recommending approval of an Economic Development Loan of $100,000 to Sedgwick Claims Management Services to provide the local match for a State of Iowa Community Economic Betterment Loan Agreement (CEBA) loan, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 502-06 A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT LOAN OF ONE HUNDRED THOUSAND DOLLARS ($100,000) TO SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. Whereas, the City of Dubuque, Iowa has created an economic development loan program to assist local job creation efforts and provide matching funds for State financial assistance programs; and Whereas, the City desires to assist Sedgwick Claims Management Services, Inc. in its efforts to create operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, an Economic Development Loan for One Hundred Thousand Dollars ($100,000) has been requested by Sedgwick Claims Management Services, Inc. to match its application for CEBA funds from the Iowa Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and City Council of the City of Dubuque, Iowa, approve the $100,000 Economic Development Loan to Sedgwick Claims Management Services, Inc. Section 2. That the City Manager be and he is hereby authorized to execute an Economic Development Loan Agreement with Sedgwick Claims Management Services, Inc. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. Dubuque Industrial Center West: City Manager recommending that lots in the Dubuque Industrial Center West be subdivided to accommodate the land sale to P & L Venture, LLC (National Dentex – Oral Arts, Inc.), presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 503-06 RESOLUTION APPROVING PLAT OF SURVEY LOT A AND LOT B OF LOT 2 OF 1 OF THE DUBUQUE INDUSTRIAL CENTER WEST 6TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot A and Lot B of Lot 2 of 1 of the Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa, dated October 11, 2006, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and 5 Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 504-06 RESOLUTION APPROVING PLAT OF SURVEY LOT 1 AND LOT 2 OF LOT B, DUBUQUE INDUSTRIAL CENTER WEST 6TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 and Lot 2 of Lot B, Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa, dated October 11, 2006, prepared by IIW Engineers and Surveyors, P.C., describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, the Plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to file the Plat and a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Lynch. Motion carried 7-0. The following item was removed from the Council Agenda: Mini Bus Contracted Services: City Manager recommending that the contracts for mini bus service with Mt. Saint Francis, Sunnycrest, and Area Residential Care be transferred from Keyline to the Regional Transportation Authority (RTA). Housing Commission: Communication from Harry F. Neustadt submitting his resignation from the Housing Commission and his liaison positions with the Community Development Advisory Commission and the Housing Advisory Trust Fund Committee, effective immediately, presented and read. Michalski moved that the communication be received and filed and accepted with regret and expressed best wishes to Mr. Neustadt. Seconded by Jones. Motion carried 7-0. Citizen Communication: Communication from Robert Park, 2939 Brandywine Park Drive, voicing concerns about the lack of sidewalks on portions of John F. Kennedy Road and West 32nd Street, presented and read. Cline moved that this communication be received and filed and referred to the City Manager and requested a report back to Council on this matter. Seconded by Michalski. Motion carried 7-0. Centers for Disease Control and Prevention – Fluoridation Recognition: City Manager advising that the Centers for Disease Control and Prevention (CDC) have recognized the City of Dubuque Water Department for their performance regarding fluoridation, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. 6 American Water Works Association: City Manager advising that the American Water Works Association has recognized the City of Dubuque Water Department for 100 years of service and has inducted the department into the Association’s 100 Year Club, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Signed Contracts: AY McDonald Park Change Orders and Fire Headquarters – Sidewalk Replacement Project, presented and read. Cline moved that the communication be received and filed. Seconded by Lynch. Motion carried 7-0. Improvement Contracts / Performance, Payment and Maintenance Bonds: Highway 20 Landscaping Project, Phase II Project and Loras Boulevard Traffic Signalization Replacement Project, presented and read. Cline moved that the communications be received and filed. Seconded by Lynch. Motion carried 7-0. Rotary Club of Dubuque: Application of the Rotary Club of Dubuque to transfer their liquor license from the Grand Opera House at 135 West 8th Street to 1000 Jackson Street on October 28, 2006, presented and read. Cline moved that the communication be received and filed and approved transfer. Seconded by Lynch. Motion carried 7-0. Business Licenses: Michalski voiced concern about one business with a pending liquor license that has twenty-five violations. RESOLUTION NO. 505-06 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 Dog Gone, Inc Dog House Lounge+(Sunday/Outdoor Sale) 1646 Asbury Rd One Flight Up Inc One Flight Up 30 Main St. DAMA Corp Rainbow Lounge+(Sunday Sale) 36 W. 4th St. Carolyn Kay Fonck Channel Inn+(Sunday Sale) 2010 ½ Kerper Blvd. Europa Haus, Inc. Europa Haus Restaurant & Bierstube 1301 Rhomberg Ave. Sun’s Corp Yen Ching Restaurant 926 Main St. Fountain Park Event Center Fountain Prk Event Cnt+(Sunday/Outdoor Sale) 2728 Asbury Rd. SPECIAL CLASS “C” LIQUOR LICENSE Jamie Carroll Jamies Wine Studio of Dubuque+(Sunday Sale) 072 Main St. CLASS “B” WINE Jamie Carroll Jamies Wine Studio of Dubuque 1072 Main St. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Residential Parking Permit District: City Manager recommending that a public hearing be set for November 6, 2006 to consider approval of a request to establish a Residential Parking Permit District on Hansel Drive between Keystone Drive and Keymont Drive, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. 7 RESOLUTION NO. 506-06 RESOLUTION SETTING A PUBLIC HEARING ON ESTABLISHING A RESIDENTIAL PARKING PERMIT DISTRICT ON HANSEL DRIVE FROM KEYSTONE DRIVE TO KEYMONT DRIVE Whereas, the City of Dubuque, pursuant to Section 32-383 of the Code of Ordinances, has received a petition containing sufficient signatures requesting that an area described as follows be designated as a Residential Parking Permit District: Hansel Drive, from Keystone Drive to Keymont Drive Whereas, pursuant to said Section 32-383, the City Manager has caused a parking study of the area identified above to be undertaken and which study shows at least 80 percent (80%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods, and at least 25 percent (25%) of the curbside parking spaces in the proposed parking permit were utilized by non-resident parking; and Whereas, the City Manager, based upon the results of the study, and in accordance with Section 32-383, recommends that the area be designated as a Residential Parking Permit District and that the City Council set a public hearing on the petition to establish such area as a Residential Parking Permit District and the hours such parking restrictions are to be in effect. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council finds and determines that a valid petition has been received for the designation of Hansel Drive from Keystone Drive to Keymont Drive, as a Residential Parking Permit District. Section 2. That the Residential Parking Permit District hours be effective between the hours of 7 a.m. and 3 p.m. daily, except Saturdays, Sundays, and holidays. Section 3. That the City Clerk be authorized and directed to publish a notice of public hearing on the designation of the above described area as a Residential Parking Permit District, to be held on November 6, 2006. th Passed, approved and adopted this 16 day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 11/6/06 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 Jones. Motion carried 7-0. Crescent Community Health Center – Request to Vacate: City Manager recommending that a public hearing be set for November 6, 2006 to consider approval of a request to vacate and dispose of the alley between Washington Street and Elm Street from 17th to 18th Streets, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 507-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 159A AND 159B OF “EAST DUBUQUE” AN ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, John Gronen, representing Pine Box, LLC, has requested the vacating and disposal of an alley between Washington Street and Elm Street from 17th Street to 18th Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated alley between Washington Street and Elm Street from 17th Street to 18th Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 159A and 159B of “East Dubuque” an Addition in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 159A and 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa. 8 Section 2. That the conveyance of Lot 159B of “East Dubuque” an Addition in the City of Dubuque, Dubuque County, Iowa to Washington Court, LP is subject to an agreement between the City of Dubuque and Pine Box, LLC approved by the City Council by November 6, 2006. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. th Passed, approved and adopted this 16 day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution and set this for public hearing on 11/6/06 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 Jones. Motion carried 7-0. Fiscal Year 2007 Budget Amendment: City Manager recommending that a second public hearing on the Fiscal Year 2007 Budget Amendment be set for November 6, 2006 due to an error in the original documents, presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 508-06 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2007 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2007 budget for the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Monday, November 6, 2006, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 16th day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set the public hearing for 11/6/06 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 Jones. Motion carried 7-0. P & L Venture, LLC (National Dentex – Oral Arts, Inc.) Land Sale and Development Agreement: City Manager recommending that a public hearing be set for November 6, 2006 to consider the sale of approximately three (3) acres of land in the Dubuque Industrial Center West to P & L Venture LLC (National Dentex – Oral Arts, Inc.) and a Development Agreement between the City of Dubuque and P & L Venture, LLC (National Dentex – Oral Arts, Inc.), presented and read. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 509-06 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH P & L VENTURE, LLC AND NATIONAL DENTEX (ORAL ARTS, INC.), AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF 9 Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 1 of Dubuque Industrial Center West 6th Addition in the City of Dubuque, Iowa; and Whereas, City, P & L Venture, LLC and National Dentex (Oral Art’s, Inc.) have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to P & L Venture, LLC as shown on Exhibit A attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to P & L Venture, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to P & L Venture, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described Property, to be held on the 6th day of November, 2006, at 6:30 o'clock p.m. in the Auditorium of the Carnegie-Stout Public Library in Dubuque, Iowa, 11th & Locust, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with P & L Venture, LLC and National Dentex (Oral Art’s, Inc.), the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to P & L Venture, LLC and National Dentex (Oral Art’s, Inc.) pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $450,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and set the date for a public hearing on 11/6/06 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 Jones. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Commission: 10 Human Rights Commission (Two unexpired terms - terms of Loney and Gassman). Applicants: Patricia Foster, Katrina Wilberding, Gretel Winterwood. Gretel Winterwood spoke requesting consideration for appointment. Council Member Michalski shared that Katrina Wilberding had contacted her stating she would be unable to attend this meeting but was interested in serving. Appointment to the following Commission: Cable TV Teleprogramming Commission (Three 3-year terms through 6/30/09 – Term of Tigges and two vacancies) Applicant: Jennifer Tigges. Michalski moved that Jennifer Tigges be reappointed to a three year term which will expire 6/30/09. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Jones moved to amend the agenda to address Action Item #4 prior to the public hearings. Seconded by Michalski. Motion carried 7-0. Quasi Judicial Nature of Rezonings: City Attorney advising that rezoning, including rezoning to a PUD Planned Unit Development District, is quasi-judicial in nature and, therefore, the City Council should not have any ex parte contact with rezoning applicants, supporters or opponents or City staff, and should not make any individual site visits, presented and read. Council discussed the difficulty in following the specifics of this directive. Cline moved to receive and file the communication. Seconded by Braig. Motion carried 7-0. Michalski moved that the rules be suspended to allow anyone present to address the Council. Seconded by Cline. Motion carried 7-0. West 11th Street Historic District – Request to Rezone: Proof of publication on notice of hearing to consider reclassifying property located in the West 11th Street Historic Preservation District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood Commercial District to R-2 Two-Family Residential District as requested by Rodney Carroll, Historic Bluffs Neighborhood Association, and Zoning Advisory Commission recommending approval with the omission of three lots at 514 Loras Boulevard (C-1) and 605/635 West 11th Street (R-3), presented and read. Connors moved that the proof and communication be received and filed. Seconded by Braig. Motion carried 7-0. thth Rodney Carroll, 510 West 11 Street, presented a virtual tour of the West 11 Street Historic District and spoke in favor of the proposed rezoning. He noted the significant trend to downsizing numerous structures in the area from multi-family dwellings to single-family homes and duplexes. He stated that the narrow streets and limited parking in the area were not conducive to R-3 and R-4 zoning. John Whalen, 1105 Highland Place, gave the history of how the area became a historic district and commented that the purpose of the proposed rezoning was not to get rid of rentals – that the area is one of mixed use and should stay that way. Joan Noon, 1245 Grove Terrace, spoke in favor of the rezoning and commented on the amount of pride both homeowners and renters have in the area. Doug Spyrison, 1295 Grove Terrace, spoke stating the proposed rezoning is going in the right direction. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located in the West 11th Street Historic Preservation District from R-3 Moderate Density Multi-Family Residential District, R-4 Multi-Family Residential District and C-1 Neighborhood Commercial District to R-2 Two-Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 64-06 11 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WITHIN THE WEST 11TH STREET HISTORIC DISTRICT FROM R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT AND R-4 MULTI-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO- FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) Of The City Of Dubuque Code Of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-3 Moderate Density Multi- Family Residential District and R-4 Multi-Family Residential District to R-2 Two-Family Residential District, to wit: Lot 4 & S.10' Lot 3 Grove Terrace, Central Add W 35' W 68'9'' Lot 1, Lot 2 Of The Sub Of 809 & Lot 3 Of The Sub Of 809 A McDaniels Sub, N 65' Of Lot 1 & Lot 2-S 58.34'-Lot 1 Ellen Corkery’s Sub, Lot 2-43 Farley’s Sub & S 3'6" Of Lot 36 Farley’s Sub, Lot 6 Corkery’s Sub, Farley Sub. Lot 21 635-639 Jefferson, W 44' Lot 4 Farley’s Sub & Lot 5 Farley’s Sub, W 48' Lot 3 & E 5' Lot 4 Both in Farley’s Sub, Farley’s Sub. W.48' Of Lot 2 Farley’s Sub. E.1' Of Lot 3 .Lot 5 Henschels Sub, Lot 1-W1/2 Of Lot 17 Farley’s Sub, Lot 1 - E 1/2 - Lot 17 Farley’s Sub, Lot 28 & E 26' Of Lot 27 In Farley’s Sub, W 52' Of Lot 1 Of City Lot 687, S 75.55' Of 3 Of 2 Of 775 A Mc Daniels Sub, N 68' Of Lot 15 N 68'-W 36' Of Lot 16 Farley’s Sub (Includes 1030), S 43' Of Lot 15 S 43'-W 36' Of Lot 16 Farley’s Sub, Farley’s Sub Lot 12, Lot 1 & 2-7 Ellen Corkery’s Sub, Farley’s Sub E 36' 18 663-665 Jefferson, Farley’s Sub 20,E 38 1/2' Lot 23 Farley’s Sub, Lot 785 & Lot 1-786 Of A Mc Daniels Sub, Lot 784 & 2-786 A McDaniels Sub, Lot 1 & 2 Of 773 A McDaniels Sub, Lot 771 A Mc Daniels Sub, Farley’s Sub E 1/2 Of Lot 11,S 100' W 61' S 1/2 Lot 822 A McDaniels Sub 641-649 W 11th St, Lot 1 Of S 58.34' Of Lot 1 Ellen Corkery’s Sub, Sub E 60' Of Lot 6 Of Pt Of 823 & 824 In A Mc Daniels Sub Lot 1 With A McDaniels Sub Lot 825 A Mc Daniels Sub S 20' Lot 826, Lot 1-8 Farley’s Sub, Lot 19 Farley’s Sub 655-657 Jefferson, Lots 1 & E1' Lot 2 Farley’s Sub, Lot 3 Henschels Sub 1048-1050 Olive, Lot 4 Henschels Sub 1055-1057 Alice, A McDaniels Sub Lot 774, Lots 1 & 2 Of Lot 772 A Mc Daniels Sub, Lot 1-1 Of City Lot 738, Farley’s Sub. W.1/2 Of Lot 11, Lot 10 & W 2' Lot 9 Farley’s Sub 646-652 W 11th St, Lot 4-809 A McDaniels Sub, W 53'-1-809 & N 1/2 - E 33'-1-809 & S 1/2- E 33'-1-809 A McDaniels Sub, Lot 769b A McDaniels Sub, W 51'6" Of Lot 7 Of Sub Lot 809 A McDaniels Sub, Lot 1-775 A McDaniels Sub & Lot 1-2-775 A McDaniels Sub, Lot 2-2-775 & N 5' Of Lot 3-2-775 Both In A Mc Daniels Sub, Lot 35 Farley’s Sub, Lot 2 Of 34 In Farley’s Sub, Lot 1-34 Farley’s Sub, Lot 33 Farley’s Sub, Lot 2-8 Farley’s Sub & E 30'-S 32'- E 48' Of Lot 9 Farley’s Sub, E. 14' Of Lot 16 & Lot 2- W 1/2 - 17 Farley’s Sub, Farley’s Sub E.3' Lot 25 Farley Sub Lot 26 Farley’s Sub W.23' Lot 27, Sub City Lot 687 & W 113' Of E 128' Of Lot 1, S 1/2 Of Lot 13 & S 1/2 Of Lot 14 Farley’s Sub 1088-1090 Walnut, Lot 6 Thru 10 M.A. Mc Daniels Sub, Lot 5-809 A McDaniels Sub, Grove Terrace Sub Lot 8, N 50' Of N 96'6" Of Lot 36 Farley’s Sub 634- 636 Jefferson, W 45' Lot 30 Farley’s Sub Lot 31 & 32 Farley’s Sub, Sub Of City Lot 703 W116' Lot 2, Lot 5 Ellen Corkery’s Sub 990-990 1/2 Grove Terrace, Lots 1 & S Of B, Lot 1-1-10, Lot 1-2-1-10, Lot 2-2-1-10 Lorimers Sub, & Lots 2, 3, & 4 Ellen Corkery’s Sub, Lot 24 & W 46' Of Lot 25 Farley’s Sub (Includes 581 & 583 Jefferson St), N 55' Lot 826 A McDaniels Sub, N 79'- E 48'-9 & W 18'-S 32'-E 48'-9 Farley’s Sub, Farley’s Sub. N.31' Of Lot 22 Farley’s Sub. N.31' Of W.10 1/2 Of Lot 23, Lot 2 Henschels Sub 1078-1080 Olive, Lot 1 Henschels Sub, Lot 2-1-3 City Lot 738, Lot 1 Winall Prairie St Place 1148-1154 Prairie, Grove Terrace Sub S 25' Lot 2 Grove Terrace Sub N 40' Lot 3, Grove Terrace Sub Lot 5, Grove Terrace Sub Lot 6, E 33'9"-W 69'9"- Lot 1 & E 6'3"-Lot 1 & W 20'5" Lot 2 All In Central Add, E 42' Lot 2 Central Add, S 46'6" Of N 96' Of Lot 36 Farley’s Sub, Lots 3, 4 & 5 Central Add, Lot 8 & E 50 1/2'-7 Sub 823 & 824 Both In A Mc Daniels Sub, N 1/2 Of Lot 829 A McDaniels Sub 1193-1193 1/2 Highland, S 1/2 Of Lot 829 A McDaniels Sub 1175-1175 1/2 Highland, Lots 6 & 7 Farley’s Sub, Grove Terrace Sub. Lot 1 Grove Terrace Sub. N.25' Of Lot 2, W 100'-Lot 7-Sub Of 823 & 824 A McDaniels Sub, Lot 828 A Mc Daniels Sub, Lot 830 A McDaniels Sub, Lot 6 Sub 809 & East 1 1/2' Lot 7 Sub 809 A Mc Daniels Sub 509 & 509 1/2 Arlington, Grove Terrace Sub Lot 7, Farley’s Sub N 80' Lot 37 646-648 Jefferson, Lot 3a City Lot 687, N.80' Lot 29, W.24'6"- S.20' Lot 29, E4'-30 All In Farley Sub, Lot 12 Of City Lot 688 & Pt Of 654 Ex N 20' Thereof & E 50' Lot 2 Of City Lot 703, Lot 1-1-1-3 Of City Lot 738 & Lot 2-1-1-3 Of City Lot 738, Lot 827 A McDaniels Sub, 12 Lot 2 - E 1/2 - 17 & W 14' - Lot 18 Farley’s Sub, S 80' Lot 22 Farley’s Sub & S 80' - W 10'6" Lot 23 Farley’s Sub 619-621 Jefferson, N 1/2 Of Lot 13 N 1/2 Of Lot 14 Farley Sub, Lot 2 Winall Prairie St Place 1136- 1136 1/2 Prairie, Lot 4-2 of City Lot 667, Lot 3-2 of City Lot 667, Lot 1-818 & Lot 819 A McDaniels Sub, E 40’ of Lot 814 A. McDaniels Sub, Lot 1-817 & 2-818 A McDaniels Sub 620-628 Loras Blvd, Lot 2-817 A McDaniels Sub, Lot 3-817 & W ½ - Lot 816 A McDaniels Sub, Lot 1-W 1/2 -815 & E ½ 816 A McDaniels Sub, Lot 8 Henion & Bairds, Lot 2-W ½ of Lot 5 Yates & Picketts, Lot 1-1 of S PT of City Lot 684, S Pt of Lot 4 of City Lot 684, Lot 2 of S Pt of City Lot 684 475-475 ½ Loras Blvd., W 28’ of Lot 813 A McDaniels Sub, Lot 1-W ½ of Lot 5 Yates & Picketts, W ½ of Lot 6 of the E 2’7” of Lot 7 A L Browns Sub, Lot 6 of S Pt of City Lot 684, Lot 5-S PT of City Lot 684, Lot 1-3 of S PT of City Lot 684 483-495 Loras Blvd., Lot 1-2-2 of City Lot 667, Lot 811 & E 33 ½’ of 812 A McDaniels Sub – 530/538/544/ 550/560 Loras Blvd., Lots 10 & 11 Henion & Bairds, Lot 2-9 Henion & Bairds, Lot 1-9 Henion & Bairds, Lot 2-810 A McDaniels Sub, Lot 1- 1-810 A McDaniels Sub & Lot 8 A L Browns Sub, W 83’ Lot 7 A L Browns Sub, Lot 5 of City Lot 667 445- 445 ½ Loras, Lot 2-3 of City Lot 667, Lot 2-W ½ 815 & E ½ 816 A McDaniels Sub, W 20’812 & E 25’-813 A McDaniels Sub, Lot 6 of City Lot 667, Lot 1-2 City Lot 667 & 2-2-2 of City Lot 667, Lot 2-5 & the E ½ Lot 6 A L Browns Sub, Lot 2-4 of City Lot 667, W 13’6” of Lot 814 & E ½ of Lot 815 A McDaniels Sub, E ½ of Lot 5 Yates & Picketts 533-541 Loras Blvd, Lot 2-1 of S PT of City Lot 684, Lot 1-5 A L Browns Sub, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the city of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, City Clerk th Published officially in the Telegraph Herald newspaper this 20 day of October, 2006. Jeanne F. Schneider, City Clerk 1t 10/20 Connors 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 Braig. Motion carried 7-0. Connors moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 7-0. Asbury Plaza Shopping Center: Proof of publication on notice of hearing to consider amending the Asbury Plaza Shopping Center PUD Planned Unit Development District to permit a second free-standing monument style sign on outlots, not to exceed ten square feet in area and ten feet in height as requested by Andrew Mozena, Premier Bank / Jeff Walker, Advanta Sign Company, and Zoning Advisory Commission recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. Jeff Stiles, Chair of the Zoning Advisory Commission, clarified the specifics of the requested sign. Andrew Mozena of Premier Bank, spoke in support of the additional signage. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque by reclassifying 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 adopting amended regulations for outlot signage, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 65-06 13 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES 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 ADOPTING AMENDED REGULATIONS FOR OUT LOT SIGNAGE 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, to wit: Lots 1, 2, 3 and F of Asbury Plaza No. 2, Lot 1-1 of Asbury Plaza, Lot 1 of Asbury Plaza No. 6, Lot 1 of Asbury Plaza No. 7, Lot A of Asbury Plaza No. 8, Lot 1 and 2 Asbury Plaza No. 9, Lot 1 and Lot A Asbury Plaza No. 10, Lot 2 Asbury Plaza No. 11, Lots 1, 2, 3, 4 and 6 of Asbury Plaza No. 12, Lot 2 of Asbury Plaza No. 13, and Lots 1, 2 and A of Asbury Plaza No. 14, 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 (2005) and as an express condition 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 reclassification: 3. Out Lot Signage: a) Each out lot parcel shall be allowed wall-mounted signage as per the C-3 General Commercial District sign regulations. The maximum number of signs per business is two (2) signs. b) Each out lot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. c) Each out lot with three (3) or more frontages shall be allowed one (1) additional freestanding monument-style sign not to exceed ten (10) square feet in area and ten (10) feet in height. Section 3. Recording. A copy of this Ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification after the adoption of this Ordinance. This Ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 16 day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 65-06 I, Andrew Mozena, representing Premier Bank, having read the terms and conditions of the foregoing Ordinance No. 65-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 10th day of October, 2006. By /s/ Andrew Mozena Published officially in the Telegraph Herald newspaper this 21st day of October, 2006. Jeanne F. Schneider, City Clerk 1t 10/21 Michalski 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. Connors moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. 14 Vacating Petition – River Front Subdivision No. 3: Proof of publication on notice of hearing to consider a request from Airgas North Central, Inc. (Airgas) to vacate a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 510-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER BOULEVARD IN BLOCK 6 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8th day of September, 2006, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 to be known as Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 8th day of September, 2006, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 511-06 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK 6 OF RIVER FRONT SUBDIVISION NO. 3 Whereas, Airgas North Central, Inc. (Airgas) has requested the vacating of a portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be known and described as Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 is no longer required for public use, except for reserving the utility easements as noted, and vacating of said portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 known as Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the real estate described as Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 512-06 15 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A, BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 6th day of October, 2006, the City Council of the City of Dubuque, Iowa met on the 16th day of October, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A, Block 6, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to Airgas North Central, Inc. be and the same is hereby approved for the sum of $13,447.00 plus the costs of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Airgas North Central, Inc. upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Eagle Point Park Concrete Work Project: Proof of publication on notice of hearing to consider adoption of the plans and specification for the Eagle Point Park Concrete Work Project and City Manager recommending award of the contract to Kluck Construction, Inc., in the amount of $59,860, presented and read. Connors moved that the proof of publication and communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 513-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 18th day of September, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Eagle Point Park Concrete Replacement Project. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 514-06 AWARDING CONTRACT 16 WHEREAS, sealed proposals have been submitted by contractors for the Eagle Point Park Concrete Replacement Project pursuant to Resolution No. 446-06, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 22nd day of September, 2006. WHEREAS, said sealed proposals were opened and read on the 5th day of October, 2006, and it has been determined that the bid of Kluck Construction, Inc. in the amount of $59,860 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 Kluck 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 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 515-06 APPROVING CONSTRUCTION CONTRACT WITH KLUCK CONSTRUCTION, INC. FOR THE EAGLE POINT PARK CONCRETE REPLACEMENT PROJECT Whereas, the City Council by Resolution No. 514-06 awarded the construction contract for the Eagle Point Park Concrete Replacement Project to Kluck Construction, Inc.; and Whereas Kluck 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. 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 16th day of October, 2006. D. Buol, Mayor Roy Attest: Jeanne F. Schneider, CMC, City Clerk Connors moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Crescent Community Health Center Parking Lot Construction Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the Crescent Community Health Center Parking Lot Project and City Manager recommending award of the contract to Portzen Construction, Inc., in the amount of $100,937, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 516-06 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 4th day of October, 2006, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Crescent Community Health Center Parking Lot 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 16th day of October, 2006. 17 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 517-06 AWARDING CONSTRUCTION CONTRACT FOR THE CRESCENT COMMUNITY HEALTH CENTER PARKING LOT PROJECT Whereas, sealed proposals have been submitted by contractors for the Crescent Community Health Center Parking Lot Project pursuant to Resolution No. 475-06 and notice to bidders published in a th newspaper published in the City of Dubuque, Iowa on the 4 day of October, 2006. Whereas, said sealed proposals were opened and read on the 10th day of October, 2006, and it has been determined that the bid of Portzen Construction, Inc. of Dubuque, Iowa, in the amount of $100,937.00 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 Portzen Construction, Inc. subject to an agreement between the City of Dubuque and Pine Box, LLC, approved by the City Council by November 6, 2006, 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 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 518-06 APPROVING CONSTRUCTION CONTRACT WITH PORTZEN CONSTRUCTION, INC. FOR THE CRESCENT COMMUNITY HEALTH CENTER PARKING LOT PROJECT Whereas the City Council by Resolution No. 517-06 awarded the construction contract for the Crescent Community Health Center Parking Lot Project to Portzen Construction, Inc.; and Whereas Portzen 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 an agreement between the City of Dubuque and Pine Box, LLC, approved by the City Council by November 6, 2006. 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 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Michalski moved adoption of the Resolution. Seconded by Jones. Motion carried 7-0. Jones moved to reinstate the rules limiting discussion to the Council. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Convention and Visitors Bureau: Sue Czeshinski, Dubuque Area Chamber of Commerce Convention and Visitors Bureau, to present quarterly report. Ms. Sue Czeshinski gave a comprehensive, positive verbal 18 report of the activities of the Convention and Visitors Bureau. Cline moved that the communication be received and filed. Seconded by Jones. Motion carried 7-0. Main Street Iowa / Dubuque Main Street, Ltd.: Jane Seaton, Main Street Iowa (a division of the Iowa Department of Economic Development), to provide verbal report on state program activity and status of the local Main Street organization. Dan LoBianco, Dubuque Main Street, Ltd., introduced Jean Seaton, who gave a comprehensive, verbal report of the activities of Main Street Iowa and of the positive activities of Dubuque Main Street Ltd. Michalski moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. Request to Address the City Council: Communication from Mike Heitz, 1085 University Avenue, requesting that the City of Dubuque build a new skate park. Mr. Heitz spoke regarding the inadequacies of the current skate park and requested that consideration be given to either converting the rink at Allison- Henderson Park to a skate park or building a new skate park at a different location (i.e., Flora Park or Usha Park). Connors moved that the communication and request were received and filed and referred to the City Manager. Seconded by Jones. Motion carried 7-0. Boating Infrastructure Grant Application: City Manager recommending approval of a revised Tier 2 Boating Infrastructure Grant Application for the Riverside Boat Pier, presented and read. Cline moved that the communication be received and filed. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 519-06 RESOLUTION AUTHORIZING AN APPLICATION FOR TIER 2 BOATING INFRASTRUCTURE GRANT FUNDS FOR RIVERSIDE BOAT PIER PROJECT AT THE PORT OF DUBUQUE Whereas, U. S. Fish and Wildlife provides a federal pass-through grant program to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for transient boat docks; and Whereas, the City of Dubuque has determined that the construction of the Riverside Boat Pier Project at the Port of Dubuque is consistent with the Port of Dubuque Master Plan; and Whereas, the construction of transient boat docks at the Port of Dubuque is included as a component of the Vision Iowa grant for the America’s River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application to the Iowa Department of Natural Resources for a Tier 2 Boating Infrastructure Grant to fund the Riverside Boat Pier Project is hereby approved. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this program. th Passed, approved and adopted this 16 day of October 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Braig. Motion carried 7-0. Delinquent Dog and Cat License Charges: City Manager recommending approval of an amendment to Chapter 7 of the Code of Ordinances pertaining to delinquent dog and cat license charges, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7- 0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 7-34 Dogs – Expiration; Renewal; Delinquent Fee and Section 7-36 Cats – Expiration; Renewal; Delinquent Fees by extending the date when dog and cat licenses become delinquent, presented and read. 19 OFFICIAL PUBLICATION ORDINANCE NO. 66-06 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 7-34 DOGS - EXPIRATION; RENEWAL; DELINQUENT FEE AND SECTION 7-36 CATS - EXPIRATION; RENEWAL; DELINQUENT FEES BY EXTENDING THE DATE WHEN DOG AND CAT LICENSES BECOME DELINQUENT Section 1. City of Dubuque Code of Ordinances § 7-34 is amended to read as follows: Sec. 7-34. Dogs-Expiration; Renewal; Delinquent Fee: All dog licenses issued under this division shall expire on December 31 of the year in which issued and shall become delinquent on March 31 of the year due unless March 31 falls on a Saturday, Sunday, or legal holiday, in which event the license shall become delinquent on the next day which is not a Saturday, Sunday, or legal holiday. A penalty of ten dollars ($10.00) shall be added to the required license fee for each delinquent dog license. Section 2. City of Dubuque Code of Ordinances § 7-36 is amended to read as follows: Sec. 7-36. Cats-Expiration; Renewal; Delinquent Fees: All cat licenses issued under this division shall expire on June 30 of the year following and shall become delinquent on September 30 of the year due unless September 30 falls on a Saturday, Sunday, or legal holiday, in which event the license shall become delinquent on the next day which is not a Saturday, Sunday, or legal holiday. A penalty fee of ten dollars ($10.00) shall be added to the required license fee for each delinquent cat license. Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk th Published officially in the Telegraph Herald newspaper this 20 day of October, 2006. Jeanne F. Schneider, City Clerk 1t 10/20 Michalski 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 Cline. Motion carried 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Ambulance Rates: City Manager recommending that he be authorized to establish rates for the City’s ambulance service, presented and read. Jones moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending City of Dubuque Code of Ordinances Section 23-31 Rates-Established Authorizing the City Manager to Establish Rates for Ambulance Service, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 67-06 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 23-31 RATES-ESTABLISHED AUTHORIZING THE CITY MANAGER TO ESTABLISH RATES FOR AMBULANCE SERVICE City of Dubuque Code of Ordinances § 23-31 is amended to read as follows: Sec. 23-31. Rates-Established: Rates for ambulance service shall be established from time to time by the City Manager. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk th Published officially in the Telegraph Herald newspaper this 20 day of October, 2006. Jeanne F. Schneider, City Clerk 20 1t 10/20 Jones moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 7-0. Jones moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski shared that Dubuque has been recognized for its outstanding curbside refuse collection program. There being no further business, Cline moved to adjourn. Seconded by Braig. Motion carried 7-0. The meeting adjourned at 9:21 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/25 21