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2002 September Council Proceedings Regular Session, September 3, 2002 349 referred to the Legal Staff for investigation and DUBUQUE report. Seconded by Connors. Motion carried 7-0. CITY COUNCIL OFFICIAL Citizen Communications: PROCEEDINGS (a) Angela C. Simon regarding the closure of City Council, Regular Session, September 3, Main Street in preparation for the All That Jazz 2002 Festival on August 16, 2002, presented and Council met in Regular Session at 6:30 P.M. in read. Buol moved that the communication be the Library Auditorium received and filed and referred to the City Present: Mayor Duggan, Council Members Manager. Seconded by Connors. Motion Buol, Cline, Connors, Markham, Michalski, carried 7-0. Nicholson, City Manager Michael Van Milligen, (b) Kelly Sullivan Soley regarding outdoor Corporation Counsel Barry Lindahl. cafes, Town Clock Plaza, and support for the arts; presented and read. Buol moved that the Mayor Duggan read the call and stated this is communication be received and filed and the regular session of the City Council called for referred to the City Manager. Seconded by the purpose of acting upon such business which Connors. Motion carried 7-0. may properly come before the City Council. (c) Sharon Culpepper regarding north end drainage, presented and read. Buol moved Invocation was given by Deacon Dave that the communication be received and filed McGhee of Nativity Catholic Church. and referred to the City Manager. Seconded by Connors. Motion carried 7-0. Mayor Duggan swore in Council Member Roy (d) Katherine Kelley regarding maintenance of D. Buol as Mayor Pro-Tem. the retaining wall on the north side of Hamilton Street, presented and read. Buol moved that Proclamations: Regional Dragon Boat Festival the communication be received and filed and Days (September 6, 7, and 8, 2002) received by referred to the City Manager. Seconded by Sue Hamilton; Always Remember 9-11 Day Connors. Motion carried 7-0. (September 11, 2002); Alzheimer’s Association (e) Karen M. Kuhle regarding the recent eight Memory Walk Awareness Day (September 14, inch rainstorm of August 21 and City Manager 2002) received by Diane Brondyke; Awareness submitting a response to correspondence from Day for A-T (September 14, 2002) received by Karen M. Kuhle, presented and read. Michalski Linda, Tony, Joel, and Rebecca Harvey. moved that the communication be received and filed and referred to the City Manager. CONSENT ITEMS Seconded by Buol. Motion carried 7-0. Minutes Submitted: Cable TV Regulatory Environmental Stewardship Advisory Commission of 8/14; City Council of 8/19 and Commission: David B. Czarnecki submitting his 8/27; Downtown Planning Committee of 8/12; resignation from the Environmental Stewardship Electrical Code Board of 8/19; Historic Advisory Commission, presented and read. Preservation Commission of 8/13 and 8/14; Buol moved that the communication be received Long Range Planning Advisory Commission of and filed and accepted resignation. Seconded 8/21; Zoning Advisory Commission of 8/14; by Connors. Motion carried 7-0. Zoning Board of Adjustment of 8/22, presented and read. Buol moved that the minutes be Legal Department Intern: Communication from received and filed. Seconded by Connors. Crenna Brumwell thanking the City Council for Motion carried 7-0. the opportunity to work in the Legal Services Department as an intern, presented and read. Proof of publication of City Council Buol moved that the communication be received Proceedings of 8/5/02; proof of publication of and filed. Seconded by Connors. Motion List of Claims and Summary of Revenues for the carried 7-0. month ending June 30, 2002, presented and read. Buol moved that the proofs be received Architectural Guidelines for Historic Structures: and filed. Seconded by Connors. Motion carried Historic Preservation Commission recom- 7-0. mending Council approval of revisions to the City’s Architectural Guidelines for Historic Notice of Claims/Suits: Lois Link vs. City of Structures which the City Council adopted on Dubuque; James Van Vors vs. Pamela B. March 20, 2002, presented and read. Buol Arensdorf and City of Dubuque, presented and moved that the communication be received and read. Buol moved that the claims and suits be 350 Regular Session, September 3, 2002 filed and approved recommendation. Seconded management of lead poisoned children and by Connors. Motion carried 7-0. conduct community outreach and education for the citizens of Dubuque. Lead Paint Training Instruction Agreement: NOW, THEREFORE, BE IT RESOLVED BY City Manager recommending approval of a Lead THE CITY COUNCIL OF THE CITY OF Paint Training Instruction Agreement with DUBUQUE, IOWA: Tucker Enterprises LLC to perform training Section 1. That the City of Dubuque, Iowa under the lead hazard reduction program, hereby approves the attached contract between presented and read. Buol moved that the the Iowa Department of Public Health and the communication be received and filed and City of Dubuque, Iowa. approved recommendation. Seconded by Section 2. That the attached Memorandum of Connors. Motion carried 7-0. Understanding by and between the City of Dubuque, Iowa and the Dubuque Visiting Nurse Special Events Grant Program: City Manager Association is hereby approved. recommending approval of revised criteria for a Section 3. That the City Manager or his Special Events Grant Program for events held designee is hereby authorized and directed to on public right-of-way that require insurance, execute said contract and agreement on behalf presented and read. Buol moved that the of the City of Dubuque, Iowa. communication be received and filed and Passed, approved and adopted this 3rd day of approved recommendation. Seconded by September, 2002. Connors. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Iowa Department of Public Health Childhood Buol moved adoption of the Resolution. Lead Poisoning Funding and Agreement with Seconded by Connors. Motion carried 7-0. the Visiting Nurse Association: City Manager recommending approval of a contract with the Jackson Street and West Locust Street Iowa Department of Public Health for continued Resurfacing Project: City Manager funding of the Childhood Lead Poisoning recommending award of the contract for the Prevention Program (CLPPP) and a renewed Jackson Street and West Locust Street agreement with the Dubuque Visiting Nurse Resurfacing Project to River City Paving, Association for services related to the CLPPP, presented and read. Buol moved that the presented and read. Buol moved that the communication be received and filed. Seconded communication be received and filed. Seconded by Connors. Motion carried 7-0. by Connors. Motion carried 7-0. RESOLUTION NO. 438-02 RESOLUTION NO. 437-02 AWARDING CONTRACT A RESOLUTION AUTHORIZING THE CITY Whereas, sealed proposals have been MANAGER OR HIS DESIGNEE TO SIGN A submitted by contractors for the Jackson Street CONTRACT WITH THE IOWA DEPARTMENT and West Locust Street Resurfacing Project OF PUBLIC HEALTH AND AN AGREEMENT pursuant to Resolution No. 325-02 and notice to WITH THE DUBUQUE VISITING NURSE bidders published in a newspaper published in th ASSOCIATION the City of Dubuque, Iowa on the 12 day of Whereas, the City of Dubuque has established July, 2002. such a local childhood lead poisoning prevention Whereas, said sealed proposals were opened th program; and and read on the 20 day of August, 2002, by the Whereas, the Iowa Department of Public Iowa Department of Transportation (IDOT), and Health has offered to provide financial support it has been determined that the bid of River City for activities relating to the local childhood lead Paving, A Division of Mathy Construction Co., of poisoning prevention program in the City of Kieler, Wisconsin, in the amount of Dubuque; and $1,241,143.29 was the lowest bid for the Whereas, the City of Dubuque will provide furnishings of all labor and materials and environmental and medical case management of performing the work as provided for in the plans identified lead poisoned children in addition to and specifications. community outreach and education on the NOW THEREFORE, BE IT RESOLVED BY problem of childhood lead poisoning. THE CITY COUNCIL OF THE CITY OF Whereas, the City of Dubuque must provide DUBUQUE, IOWA: medical case management for all lead poisoned That the contract for the above improvement children in the city, and provide community be awarded to River City Paving, A Division of outreach and education; and Mathy Construction Co. of Kieler, Wisconsin, Whereas, the City of Dubuque will enter into and the Manager be and is hereby directed to an agreement with the Dubuque Visiting Nurse execute a contract on behalf of the City of Association to provide medical case Regular Session, September 3, 2002 351 Dubuque for the complete performance of the NOW THEREFORE, BE IT RESOLVED BY work. THE CITY COUNCIL OF THE CITY OF BE IT FURTHER RESOLVED: DUBUQUE, IOWA: That upon the signing of said contract and the Section 1. That the cost of said improvement approval of the contractor’s bond, the City is hereby determined to be $145,873.00 and the Treasurer is authorized and instructed to return said amount shall be paid from the Fiscal Year the bid deposits of the unsuccessful bidders. 2002 Sanitary Sewer Fund of the City of rd Passed, approved and adopted this 3 day of Dubuque, Iowa. rd September, 2002. Passed, approved and adopted this 3 day of Terrance M. Duggan, Mayor September, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Connors. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. High Bluff Sanitary Sewer Project – Acceptance: City Manager recommending Rental Agreement with Dubuque Hockey, Inc.: acceptance of the High Bluff Sanitary Sewer City Manager recommending approval of an Project as completed by Drew Cook & Sons agreement with Dubuque Hockey, Inc. Excavating, Inc. in the final contract amount of (Thunderbirds) for use of the Five Flags Center $126,846.09, presented and read. Buol moved for the 2002 - 2003 season, presented and read. that the communication be received and filed. Buol moved that the communication be received Seconded by Connors. Motion carried 7-0. and filed and approved recommendation. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 439-02 ACCEPTING IMPROVEMENT FONSI/Final Section 4(f) Statement – U.S. 20 Whereas, the contract for the High Bluff Across the Mississippi River: The “Finding of No (Stafford to Fengler) Sanitary Sewer Significant Impact” (FONSI) and Final Section Reconstruction Project has been completed and 4(f) Statement for the capacity improvement of the City Manager has examined the work and U.S. 20 across the Mississippi River is available filed his certificate stating that the same has for review in the Public Works Director’s office, been completed according to the terms of the presented and read. Buol moved that the contract, plans and specifications and communication be received and filed. Seconded recommends its acceptance. by Connors. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDA Application: City Manager recommending DUBUQUE, IOWA: approval of an application to the Economic Section 1. That the recommendation of the Development Administration (EDA) for a $1.75 City Manager be approved and that said million grant for the acquisition and relocation of improvement be and the same is hereby the Adams Company, presented and read. accepted. Buol moved that the communication be received BE IT FURTHER RESOLVED that the City and filed. Seconded by Connors. Motion Treasurer be and he is hereby directed to pay to carried 7-0. the contractor from the Fiscal Year 2002 RESOLUTION NO. 441-02 Sanitary Sewer Fund in amount equal to the A RESOLUTION AUTHORIZING THE FILING amount of the contract, less any retained OF AN APPLICATION TO THE ECONOMIC percentage provided for therein. rd DEVELOPMENT ADMINISTRATION Passed, approved and adopted this 3 day of September, 2002. Whereas, the City Council of Dubuque has Terrance M. Duggan, Mayor approved a Master Plan for the Port of Dubuque; Attest: Jeanne F. Schneider, CMC City Clerk and Buol moved adoption of the Resolution. Whereas, the City Council of Dubuque, Iowa is Seconded by Connors. Motion carried 7-0. committed to the acquisition and assembly of properties in the Port of Dubuque to implement RESOLUTION NO. 440-02 the Master Plan; and FINAL ESTIMATE Whereas, the Economic Development Whereas, the contract for the High Bluff Administration (EDA) has funding available to (Stafford to Fengler) Sanitary Sewer assist the City of Dubuque in acquiring and Reconstruction Project has been completed and relocating the Adams Company and the City Engineer has submitted his final Whereas, a preapplication has been prepared estimate showing the cost thereof including the for EDA funding, and EDA has invited the City to cost of estimates, notices and inspection and all submit a full application for EDA assistance in miscellaneous costs. the amount of $1,750,000. 352 Regular Session, September 3, 2002 NOW, THEREFORE, BE IT RESOLVED BY Family Mart, Inc. Family Mart + THE CITY COUNCIL OF THE CITY OF (Sunday Sale) 3201 Central Ave DUBUQUE, IOWA: 5-Point Mart Inc. 5 – Point Mart + Section 1. That the filing of an application for (Sunday Sale) 405 Rhomberg Ave rd $1,750,000 of EDA assistance for the acquisition Passed, approved and adopted this 3 day of and relocation of the Adams Company is hereby September, 2002. approved. Terrance M. Duggan, Mayor Section 2. That the Mayor is hereby authorized Attest: Jeanne F. Schneider, City Clerk to execute, and the City Manager is hereby Buol moved adoption of the Resolution. directed to submit said application to the Seconded by Connors. Motion carried 7-0. Economic Development Administration together RESOLUTION NO. 443-02 with other attachments as may be required. Passed, approved, and adopted this 3rd day of Whereas, applications for Liquor Licenses September, 2002. have been submitted to this Council for approval Terrance M. Duggan, Mayor and the same have been examined and Attest: Jeanne F. Schneider, CMC, City Clerk approved; and Buol moved adoption of the Resolution. Whereas, the premises to be occupied by such Seconded by Connors. Motion carried 7-0. applicants were inspected and found to comply with the State Laws and all City Ordinances Right-of-Way Encroachment – Bricktown: City relevant thereto and they have filed proper Manager recommending approval of a request bonds. from The Cooper Company - Bricktown to install NOW, THEREFORE, BE IT RESOLVED BY a three-foot tall decorative wall on the public THE CITY COUNCIL OF THE CITY OF right-of-way at Third and Locust Streets, DUBUQUE, IOWA: presented and read. Buol moved that the That the Manager be authorized to cause to be communication be received and filed and issued the following named applicants a Liquor approved recommendation. Seconded by License Connors. Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE L & L Investment Co. Players Sports Business License Refunds: Sumbal Bar+(Sunday Sale) 1902 Central Ave rd Corporation requesting a refund of their Class Passed, approved and adopted this 3 day of “C” Beer Permit in the amount of $56.25, September, 2002. presented and read. Buol moved that the Terrance M. Duggan, Mayor communication be received and filed and Attest: Jeanne F. Schneider, City Clerk approved refund. Seconded by Connors. Buol moved adoption of the Resolution. Motion carried 7-0. Seconded by Connors. Motion carried 7-0. Dennis Murray, Galaxies, requesting a refund Ice Harbor West Road/Trail Project: City of their Cigarette License in the amount of Manager recommending that the receipt of bids $75.00, presented and read. Buol moved that date for the Ice Harbor West Road and Trail the communication be received and filed and Project be changed from September 5, 2002 to approved refund. Seconded by Connors. September 10, 2002 and that Resolution No. Motion carried 7-0. 415-02 Ordering bids be rescinded, presented and read. Buol moved that the communication Business Licenses: be received and filed and approved recommendation. Seconded by Connors. RESOLUTION NO. 442-02 Motion carried 7-0. Whereas, applications for Beer Permits have RESOLUTION NO. 444-02 been submitted and filed to this Council for ORDERING BIDS approval and the same have been examined and approved: and Whereas, the City Council adopted Resolution Whereas, the premises to be occupied by No. 415-02 ordering bids to be received on such applicants were inspected and found to September 5, 2002, for the Ice Harbor West comply with the Ordinances of the City and have Road & Trail. filed proper bonds. Whereas, the City Council now wishes to NOW, THEREFORE, BE IT RESOLVED BY receive bids on September 10, 2002. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF That the Manager be authorized to cause to be DUBUQUE, IOWA: issued the following named applicants a Beer Section 1. That Resolution 415-02 is hereby Permit. rescinded and a new Resolution Ordering Bids CLASS “C” BEER PERMIT is proposed in lieu thereof. Regular Session, September 3, 2002 353 Section 2. That the receipt of bids for the Ice Partnership, for the vacation of the proposed Harbor West Road & Trail is hereby ordered to extension of Raven Oaks Drive to allow them to be amended to September 10, 2002. proceed with their development at the end of rd Passed, adopted and approved this 3 day of Raven Oaks, presented and read. Markham September, 2002. moved that the proof of publication and Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Buol. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Nick Goodman spoke in favor of the proposed development. BOARDS/COMMISSIONS An Ordinance Vacating the portion of Raven Applicants are invited to address the Council Oaks Drive platted in Oak Brook Development, regarding their desire to serve on the following presented and read. Commissions: Airport Commission (One 4-year term to expire OFFICIAL PUBLICATION 9/14/06). Applicants:Steven R. Accinelli, Evan ORDINANCE NO. 65-02 W. Fleisher. Mr. Accinelli spoke requesting ORDINANCE VACATING THE PORTION OF consideration for appointment. Mr. Fleisher had RAVEN OAKS DRIVE PLATTED IN OAK conveyed he was unable to be in attendance. BROOK DEVELOPMENT Environmental Stewardship Commission (Two Whereas, Arbor Glen, Limited Partnership has 3-year terms to expire 10/1/05); Applicant: requested the vacating of the portion of Raven William L. Niemann. No one spoke. Oaks Drive platted in Oak Brook Development; Housing Commission (Two 3-year terms to and expire 8/17/05); Applicant: Thomas P. Swift, II. Whereas, Egger Engineering & Land No one spoke. Surveying, P.C. has prepared and submitted to TV Cable Regulatory Commission (One 3-year the City Council a plat showing the vacated vacant term through 6/30/04). Applicant: Kevin portion of Raven Oaks Drive platted in Oak Nekvinda. Mr. Nekvinda spoke requesting Brook Development and assigned lot number consideration for appointment. thereto, which hereinafter shall be known and TV Cable Community Teleprogramming described as Lot A of Oak Brook Development, Commission (Two 3-year terms to expire in the City of Dubuque, Dubuque County, Iowa; 6/30/05 and two vacant 3-year terms through and 6/30/03). Applicant: Carol Hoverman, OSF. Whereas, the City Council of the City of No one spoke. Dubuque, Iowa has determined that the portion of Raven Oaks Drive platted in Oak Brook Appointments to the following Commissions: Development is no longer required for public use Historic Preservation Commission (Three 3- and vacating the portion of Raven Oaks Drive year unexpired terms); Applicant: Christopher platted in Oak Brook Development known as Lot R. Scheopner (Cathedral District). Markham A of Oak Brook Development, in the City of moved that Mr. Scheopner be appointed to the Dubuque, Dubuque County, Iowa should be unexpired three year term to expire 7/1/03 approved. representing the Cathedral District. Seconded NOW, THEREFORE, BE IT ORDAINED BY by Buol. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF Housing Commission (Three 3-year terms to DUBUQUE, IOWA: expire 8/17/05): Applicant: Floyd Schneider Section 1. That the real estate described as (also on Long Range Planning Advisory Lot A of Oak Brook Development in the City of Commission). Michalski moved that Mr. Dubuque, Iowa, be and the same is hereby Schneider not be appointed as he is on the Long vacated. rd Range Planning Commission. Seconded by Passed, approved and adopted this 3 day of Connors. Motion carried 7-0. September, 2002. Terrance M. Duggan, Mayor PUBLIC HEARINGS Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald th Michalski moved to suspend the rules to allow newspaper this 11 day of September, 2002. anyone present to speak. Seconded by Cline. Jeanne F. Schneider, City Clerk Motion carried 7-0. 1t 9/11 Markham moved that the requirement that a Raven Oaks – Request to Vacate: Proof of proposed Ordinance be considered and voted publication on notice of hearing and City on for passage at two Council Meetings prior to Manager recommending approval of the request the meeting at which it is to be finally passed be of Joseph C. Weis, Arbor Glen Limited suspended and further moved final 354 Regular Session, September 3, 2002 consideration and passage of the Ordinance. District at the request of Schneider Land Seconded by Buol. Motion carried 7-0. Surveying / Kevin Kirpes and Zoning Advisory Commission recommending approval, presented RESOLUTION NO. 445-02 and read. Buol moved that the proof of RESOLUTION DISPOSING OF CITY publication and communication be received and INTEREST IN LOT A OF OAK BROOK filed. Seconded by Nicholson. Motion carried 7- DEVELOPMENT, DUBUQUE, IOWA 0. Whereas, pursuant to resolution and published notice of time and place of hearing, published in Robert Kirpes, 419 Winona St., spoke in favor the Telegraph Herald, a newspaper of general of the proposed rezoning. circulation published in the City of Dubuque, rd Iowa on this 23 day of August, 2002, the City An Ordinance Amending Appendix A (the Council of the City of Dubuque, Iowa met on the Zoning Ordinance) of the City of Dubuque Code rd 3 day of September, 2002, at 6:30 p.m. in the of Ordinances by reclassifying hereinafter Public Library Auditorium, 360 West 11 Street, described property located at the end of Hughes Dubuque, Dubuque County, Iowa to consider Court from AG Agricultural District to LI Light the proposal for the sale of real estate described Industrial District, presented and read. as: Lot A of Oak Brook Development, in the City of OFFICIAL PUBLICATION Dubuque, Dubuque County, Iowa ORDINANCE NO. 66-02 Whereas, the City Council of the City of AN ORDINANCE AMENDING APPENDIX A Dubuque, Iowa overruled any and all objections, (THE ZONING ORDINANCE) OF THE CITY OF oral or written to the proposal to sell such real DUBUQUE CODE OF ORDINANCES BY estate, except for easement as noted. RECLASSIFYING HEREINAFTER DESCRI- NOW, THEREFORE, BE IT RESOLVED BY BED PROPERTY LOCATED AT THE END OF THE CITY COUNCIL OF THE CITY OF HUGHES COURT FROM AG AGRICULTURAL DUBUQUE, IOWA: DISTRICT TO LI LIGHT INDUSTRIAL Section 1. That the sale of City of Dubuque DISTRICT. real property described as Lot A of Oak Brook NOW, THEREFORE, BE IT ORDAINED BY Development in the City of Dubuque, Iowa to THE CITY COUNCIL OF THE CITY OF Arbor Glen, Limited Partnership be and the DUBUQUE, IOWA: same is hereby approved for the sum of $1.00 Section 1. That Appendix A (The Zoning plus cost of publication, platting and filing fees, Ordinance) of the City of Dubuque Code of and the execution of an agreement to provide Ordinances is hereby amended by reclassifying the City of Dubuque with a 100-year flood the hereinafter described property from AG easement along the northerly and easterly sides Agricultural District to LI Light Industrial district, of Arbor Glen Development, the limits of which as shown in Exhibit A, all in the City of Dubuque, will be determined by design of the Carter Road Iowa. detention structure, at no cost to the City. Section 2. The foregoing amendment has Conveyance shall be by Quit Claim Deed. heretofore been reviewed by the Zoning Section 2. That the Mayor be authorized and Advisory Commission of the City of Dubuque, directed to execute a Quit Claim Deed, and the Iowa. City Clerk be and is hereby authorized and Section 3. This ordinance shall take effect directed to deliver said deed of conveyance to immediately upon publication, as provided by Arbor Glen, Limited Partnership upon receipt of law. the purchase price in full. Passed, approved and adopted this 3rd day of Section 3. That the City Clerk be and is hereby September 2002. authorized and directed to record a certified Terrance M. Duggan, Mayor copy of this resolution in the offices of the City Attest: Jeanne F. Schneider, City Clerk Assessor, Dubuque County Recorder and Published officially in the Telegraph Herald th Dubuque County Auditor. newspaper this 11 day of September, 2002. rd Passed, approved and adopted this 3 day of Jeanne F. Schneider, City Clerk September, 2002. 1t 9/11 Terrance M. Duggan, Mayor Buol moved that the requirement that a Attest: Jeanne F. Schneider, City Clerk proposed Ordinance be considered and voted Markham moved adoption of the Resolution. on for passage at two Council Meetings prior to Seconded by Buol. Motion carried 7-0. the meeting at which it is to be finally passed be suspended and further moved final Hughes Court – Request to Rezone: Proof of consideration and passage of the Ordinance. publication on notice of hearing to consider Seconded by Nicholson. Motion carried 7-0. rezoning property located at 3197 Hughes Court from AG Agricultural District to LI Light Industrial Regular Session, September 3, 2002 355 3925 Dodge Street – Request to Rezone: reasonable and imposed to satisfy the public Proof of publication on notice of hearing to needs that are caused directly by the zoning consider rezoning property located at 3925 reclassification: Dodge Street from C-3 General Commercial A) Use Regulations. District to PC Planned Commercial District at the The following regulations shall apply to all land request of Tom Luksetich / Luksetich and Smith, uses in the above-described PUD District: LLC and Zoning Advisory Commission 1) All permitted, accessory and conditional recommending approval, presented and read. and temporary uses allowed in the C-3 General Buol moved that the proof of publication and Commercial District as established in Section 3- communication be received and filed. Seconded 3.3 of the Zoning Ordinance by Michalski. Motion carried 7-0. 2) Warehousing and storage facilities. B) Lot and Bulk Regulations Tom Luksetich, 2744 Linda Ct., spoke in favor Development of land in the PUD District shall be of the proposed rezoning. as follows: All buildings and structures located within this An Ordinance Amending Appendix A (the PUD District shall meet bulk regulations set forth Zoning Ordinance) of the City of Dubuque Code in the Zoning Ordinance for the C-3 General of Ordinances by reclassifying hereinafter Commercial District, Section 3-3.3(F). described property located at the northwest C) Performance Standards. corner of U.S. Highway 20 and North Crescent The development and maintenance of uses in Ridge from C-3 General Commercial District to this PUD District shall be established in PUD Planned Unit Development District with PC conformance with Section 3-5.5 of the Zoning Planned Commercial District designation and Ordinance and the following standards: adopting a conceptual development plan, 1) Erosion control shall be provided during all presented and read. phases of construction. 2) Parking requirements for allowed uses in the PUD District shall be as per the parking OFFICIAL PUBLICATION group for the designated use, in accordance with ORDINANCE NO. 67-02 Section 4-2 of the Zoning Ordinance. AN ORDINANCE AMENDING APPENDIX A 3) Adequate illumination shall be provided to (THE ZONING ORDINANCE) OF THE CITY OF areas used for vehicle and pedestrian DUBUQUE CODE OF ORDINANCES BY circulation. New outdoor light fixtures shall be of RECLASSIFYING HEREINAFTER DESCRI- a cut-off design and utilize a minimum of 90- BED PROPERTY LOCATED AT THE degree luminaire. NORTHWEST CORNER OF U.S. HIGHWAY 20 4) Final site development plans shall be AND NORTH CRESCENT RIDGE FROM C-3 submitted in accordance with Section 4-4 of the GENERAL COMMERCIAL DISTRICT TO PUD Zoning Ordinance of the City of Dubuque, Iowa, PLANNED UNIT DEVELOPMENT DISTRICT prior to construction of any buildings. WITH PC PLANNED COMMERCIAL DISTRICT D) Open Space and Landscaping DESIGNATION AND ADOPTING A Open space and landscaping in the PUD District CONCEPTUAL DEVELOPMENT PLAN. shall be regulated as follows: NOW, THEREFORE, BE IT ORDAINED BY Those areas not designated on the conceptual THE CITY COUNCIL OF THE CITY OF plan for development shall be maintained as DUBUQUE, IOWA: open space, as defined by Section 8 of the Section 1. Appendix A (the Zoning Ordinance) Zoning Ordinance, by the property owners of the City of Dubuque Code of Ordinances is and/or association. hereby amended by reclassifying the hereinafter E) Sign Regulations. described property from C-3 General Signs in the PUD District shall be regulated as Commercial District to PUD Planned Unit follows: Development District with PC Planned 1) The provision of Section 4-3 (Sign Commercial District designation and adopting a Regulations) of the Zoning Ordinance shall conceptual development plan, a copy of which is apply unless further regulated by this section. attached to and made a part hereof, with 2) Wall-Mounted Signs: conditions as stated below, to wit: a) Primary Tenant: Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 1 of Lot 3 1) Total aggregate square footage: 400 NE ¼ of SW ¼ Section 28 T89N-R2E, and to square foot the centerline of the adjoining public right-of- 2) Number of signs: unlimited way, all in the City of Dubuque, Iowa. 3) Below eave or parapet Section 2. Pursuant to Iowa Code Section b) Secondary Tenants: 414.5 (1993), and as an express condition of the 1) Total aggregate square footage: 200 reclassification, the undersigned property owner square foot agrees to the following conditions, all of which 2) Number of signs: two per business the property owner further agrees are 356 Regular Session, September 3, 2002 3) Below eave or parapet We, Tom Luksetich and Steve Smith, 3) Freestanding signs: representing Luksetch & Smith, LLC, property a) Center Identification Sign owners, having read the terms and conditions of 1) Total allowed square footage: 300 the foregoing Ordinance No. 67-02 and being square foot familiar with the conditions thereof, hereby 2) Maximum number: 1 accept the same and agree to the conditions 3) Maximum height: 35 feet required therein. rd 4) Directional Signs: Dated this 3 day of September, 2002. a) Primary/secondary tenants /s/ Tom Luksetich 1) Maximum size: 6 square feet /s/ Steve Smith 2) Maximum number: Unlimited Published officially in the Telegraph Herald th 3) Maximum height: 10 feet newspaper this 11 day of September, 2002. Jeanne F. Schneider, City Clerk 5) Lighting: Signs may be illuminated only by means of indirect lighting whereby all light 1t 9/11 sources and devices are shielded from view by Buol moved that the requirement that a opaque or translucent materials, or internally proposed Ordinance be considered and voted illuminated by means of a light source on for passage at two Council Meetings prior to completely enclosed by the sign panel. the meeting at which it is to be finally passed be 6) Motion: No signs may include any device suspended and further moved final or means, mechanical, electrical or natural, consideration and passage of the Ordinance. which shall cause motion of the sign panel or Seconded by Michalski. Motion carried 7-0. any part thereof. No flashing lights or changing colors shall be allowed. Sunny Slope Drive – Request to Rezone: F) Transfer of Ownership Proof of publication on notice of hearing to Transfer of ownership or lease of property in this consider rezoning property located at 2193/2195 PUD District shall include in the transfer or lease and 2197/2199 Sunny Slope Drive (southwest agreement a provision that the purchaser or corner of Camelot Drive and Sunny Slope Drive) lessee acknowledges awareness of the from R-4 Multi-Family Residential District to R-3 conditions authorizing the establishment of the Moderate Density Residential District at the PUD District. request of Ken Moore and Zoning Advisory G) Reclassification of Subject Property. Commission recommending approval, presented The City of Dubuque, Iowa, may initiate zoning and read. Buol moved that the proof of reclassification proceedings to the C-3 General publication and communication be received and Commercial District in accordance with Section filed. Seconded by Nicholson. Motion carried 6 of the Zoning Ordinance if the property owner 7-0. fails to complete or maintain any of the conditions of this ordinance. Ken Moore, 816 Vine St., Maquoketa, IA H) Modifications. spoke in favor of the proposed rezoning. Any modifications of this Ordinance must be approved by the City Council in accordance with An Ordinance Amending Appendix A (the zoning reclassification proceedings of Section 6 Zoning Ordinance) of the City of Dubuque Code of the Zoning Ordinance. of Ordinances by reclassifying hereinafter I) Recording. described property located at the southwest A copy of this ordinance shall be recorded at the corner of Sunny Slope Drive and Camelot Drive expense of the property owner with the Dubuque from R-4 Multi-Family Residential District to R-3 County Recorder as a permanent record of the Moderate Density Multi-Family Residential conditions accepted as part of this District, presented and read. reclassification approval within ten (10) days after the adoption of this ordinance. This OFFICIAL PUBLICATION ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. ORDINANCE NO. 68-02 Section 3. The foregoing amendment has AN ORDINANCE AMENDING APPENDIX A heretofore been reviewed by the Zoning (THE ZONING ORDINANCE) OF THE CITY OF Commission of the City of Dubuque, Iowa. DUBUQUE CODE OF ORDINANCES BY Section 4. The foregoing amendment shall RECLASSIFYING HEREINAFTER DESCRI- take effect upon publication, as provided by law. rdBED PROPERTY LOCATED AT THE Passed, approved and adopted this 3day of SOUTHWEST CORNER OF SUNNY SLOPE September 2002. Terrance M. Duggan, Mayor DRIVE AND CAMELOT DRIVE FROM R-4 ATTEST: Jeanne F. Schneider, City Clerk MULTI-FAMILY RESIDENTIAL DISTRICT TO ACCEPTANCE OF ORDINANCE NO. 67-02 Regular Session, September 3, 2002 357 R-3 MODERATE DENSITY MULTI-FAIMLY OFFICIAL PUBLICATION ORDINANCE NO. 69-02 RESIDENTIAL DISTRICT. AN ORDINANCE AMENDING APPENDIX A NOW, THEREFORE, BE IT ORDAINED BY (THE ZONING ORDINANCE) OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY DUBUQUE, IOWA: RECLASSIFYING HEREINAFTER Section 1. That Appendix A (The Zoning DESCRIBED PROPERTY LOCATED AT THE Ordinance) of the City of Dubuque Code of END OF RHOMBERG AVENUE FROM R-1 Ordinances is hereby amended by reclassifying SINGLE-FAMILY RESIDENTIAL DISTRICT TO the hereinafter described property from R-4 CS COMMERCIAL SERVICE AND Multi-Family Residential District to R-3 Moderate WHOLESALE DISTRICT AND CR Density Multi-Family Residential District, to wit: COMMERCIAL RECREATION DISTRICT, Lot 1 and Lot 2 Block 9 of Sunnyslope Estates, WITH CONDITIONS. and to the centerline of the adjoining public right- NOW, THEREFORE, BE IT ORDAINED BY of-way, all in the City of Dubuque, Iowa. THE CITY COUNCIL OF THE CITY OF Section 2. The foregoing amendment has DUBUQUE, IOWA: heretofore been reviewed by the Zoning Section 1. That Appendix A (The Zoning Advisory Commission of the City of Dubuque, Ordinance) of the City of Dubuque Code of Iowa. Ordinances is hereby amended by reclassifying Section 3. This ordinance shall take effect the hereinafter described property from R-1 immediately upon publication, as provided by Single-Family Residential District to CS law. rd Commercial Service and Wholesale District, with Passed, approved and adopted this 3 day of conditions, to wit: September 2002. Lot 2 and Lot 3 of Eagle Point No. 2, and to Terrance M. Duggan, Mayor the centerline of the adjoining public right-of- Attest: Jeanne F. Schneider, City Clerk way, all in the City of Dubuque, Iowa. Published officially in the Telegraph Herald th Section 2. That Appendix A (The Zoning newspaper this 11 day of September, 2002. Ordinance) of the City of Dubuque Code of Jeanne F. Schneider, City Clerk Ordinances is hereby amended by reclassifying 1t 9/11 the hereinafter described property from R-1 Buol moved that the requirement that a Single-Family Residential District to CS proposed Ordinance be considered and voted Commercial Service and Wholesale District, with on for passage at two Council Meetings prior to conditions, to wit: the meeting at which it is to be finally passed be Lot 1, Eagle Point No. 2, and to the centerline suspended and further moved final of the adjoining public right-of-way, all in the City consideration and passage of the Ordinance. of Dubuque, Iowa. Seconded by Nicholson. Motion carried 7-0. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Rhomberg Avenue – Request to Rezone: Advisory Commission of the City of Dubuque, Proof of publication on notice of hearing to Iowa. consider rezoning property located at 2701, Section 4. This ordinance shall take effect 2705 and 2711 Rhomberg Avenue from R-1 immediately upon publication, as provided by Single Family Residential District to CR law. Commercial Recreation District and CS Passed, approved and adopted this 3rd day of Commercial Service and Wholesale District at September, 2002. the request of the City of Dubuque and Zoning Terrance M. Duggan, Mayor Advisory Commission recommending approval, Attest: Jeanne F. Schneider, City Clerk presented and read. Markham moved that the Published officially in the Telegraph Herald proof of publication and communication be th newspaper this 11 day of September, 2002. received and filed. Seconded by Connors. Jeanne F. Schneider, City Clerk Motion carried 7-0. 1t 9/11 Markham moved that the requirement that a An Ordinance Amending Appendix A (the proposed Ordinance be considered and voted Zoning Ordinance) of the City of Dubuque Code on for passage at two Council Meetings prior to of Ordinances by reclassifying hereinafter the meeting at which it is to be finally passed be described property located at the end of suspended and further moved final Rhomberg Avenue from R-1 Single Family consideration and passage of the Ordinance. Residential District to CS Commercial Service Seconded by Connors. Motion carried 7-0. and Wholesale District and CR Commercial Recreation District, with conditions, presented Zoning Ordinance – Text Amendment: Proof and read. of publication on notice of hearing to consider a text amendment to the Zoning Ordinance by 358 Regular Session, September 3, 2002 removing the provision that states no accessory consideration and passage of the Ordinance. building shall exceed one floor level at the Seconded by Nicholson. Motion carried 7-0. request of the City of Dubuque and Zoning Advisory Commission recommending approval, Flora Pool Painting Project: Proofs of presented and read. Cline moved that the proof publication on notice of hearing on plans and of publication and communication be received specifications and notice to bidders on the and filed. Seconded by Nicholson. Motion receipt of bids, and City Manager recommending carried 7-0. award of the contract for the Flora Pool Painting Project to Fred Jackson Tuckpointing, presented An Ordinance Amending Section 4-1.1(C) of and read. Cline moved that the proof of the Zoning Ordinance of the City of Dubuque publication and communication be received and Code of Ordinances by removing the provision filed. Seconded by Nicholson. Motion carried 7- that states no accessory building shall exceed 0. one (1) floor level, presented and read. RESOLUTION NO. 446-02 RESOLUTION ADOPTING OFFICIAL PUBLICATION PLANS AND SPECIFICATIONS ORDINANCE NO. 70-02 Whereas, on the 5th day of August, 2002, plans, AN ORDINANCE AMENDING SECTION 4- specifications, form of contract and estimated 1.1(C) OF THE ZONING ORDINANCE OF THE cost were filed with the City Clerk of Dubuque, CITY OF DUBUQUE CODE OF ORDINANCES Iowa for the Flora Pool Painting Project. BY REMOVING THE PROVISION THAT Whereas, notice of hearing on plans, STATES NO ACCESSORY BUILDING SHALL specifications, form of contract, and estimated EXCEED ONE (1) FLOOR LEVEL cost was published as required by law. NOW, THEREFORE, BE IT ORDAINED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. Section 4-1.1(c) of the Zoning That the said plans, specifications, form of Ordinance of the City of Dubuque Code of contract and estimated cost are hereby Ordinances is hereby amended by removing the approved as the plans, specifications, form of provision that states no accessory building shall contract and estimated cost for said exceed one (1) floor level. improvements for said project. Accessory Building and Structure and Height (C) Passed, approved and adopted this 3rd day of Limitations . No accessory building or structure September, 2002. permitted by this Ordinance shall exceed one (1) Terrance M. Duggan, Mayor floor level and a height of 15 feet measured from Attest: Jeanne F. Schneider, City Clerk ground level, except that for wind generators, no Cline moved adoption of the Resolution. rotating or moving portion of the structure shall Seconded by Nicholson. Motion carried 7-0. be closer than 8 feet to ground level unless a 4- foot fence is provided around said structure RESOLUTION NO. 447-02 regardless of whether or not a perimeter AWARDING CONTRACT property fence is existing. (See diagram.) Whereas, sealed proposals have been Section 2. The foregoing amendment has submitted by contractors for the Flora Pool heretofore been reviewed by the Zoning Painting Project pursuant to Resolution No. 409- Advisory Commission of the City of Dubuque, 02, and notice to bidders published in a Iowa. newspaper published in the City of Dubuque, Section 3. This ordinance shall take effect Iowa, on the 23rd day of August, 2002. immediately upon publication, as provided by WHEREAS, said sealed proposals were law. opened and read on the 13th day of August, Passed, approved and adopted this 3rd day of 2002, and it has been determined that the bid of September, 2002. Fred Jackson Tuckpointing in the amount of Terrance M. Duggan, Mayor $86,175 was the lowest bid for the furnishings of Attest: Jeanne F. Schneider, City Clerk all labor and materials and performing the work Published officially in the Telegraph Herald as provided for in the plans and specifications. th newspaper this 11 day of September, 2002. NOW THEREFORE, BE IT RESOLVED BY Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF 1t 9/11 DUBUQUE, IOWA: Cline moved that the requirement that a That the contract for the above improvement proposed Ordinance be considered and voted be awarded to FRED JACKSON on for passage at two Council Meetings prior to TUCKPOINTING, and the Manager be and is the meeting at which it is to be finally passed be hereby directed to execute a contract on behalf suspended and further moved final Regular Session, September 3, 2002 359 of the City of Dubuque for the complete has been determined that the bid of Connolly performance of the work. Construction of Peosta, Iowa, in the amount of BE IT FURTHER RESOLVED: $183,821.32 was the lowest bid for the That upon the signing of said contract and the furnishings of all labor and materials and approval of the contractor's bond, the City performing the work as provided for in the plans Treasurer is authorized and instructed to return and specifications. the bid deposits of the unsuccessful bidders. NOW THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 3rd day of THE CITY COUNCIL OF THE CITY OF September, 2002. DUBUQUE, IOWA: Terrance M. Duggan, Mayor That the contract for the above improvement Attest: Jeanne F. Schneider, City Clerk be awarded to Connolly Construction and the Cline moved adoption of the Resolution. Manager be and is hereby directed to execute a Seconded by Nicholson. Motion carried 7-0. contract on behalf of the City of Dubuque for the complete performance of the work. West Locust Storm Sewer Improvements: BE IT FURTHER RESOLVED: Proofs of publication on notice of hearing on That upon the signing of said contract and the plans and specifications and notice to bidders on approval of the contractor’s bond, the City the receipt of bids, and City Manager Treasurer is authorized and instructed to return recommending award of the contract for the the bid deposits of the unsuccessful bidders. rd West Locust Storm Sewer Improvement Project Passed, approved and adopted this 3 day of to Connolly Construction, presented and read. September, 2002. Markham moved that the proofs and Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Nicholson. Motion carried 7-0. Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 448-02 RESOLUTION ADOPTING Hotel Conference Center Parking Lots and PLANS AND SPECIFICATIONS Fifth Street Construction Project: Proofs of st Whereas, on the 31 day of July, 2002, plans, publication on notice of hearing on plans and specifications, form of contract and estimated specifications and notice to bidders on the cost were filed with the City Clerk of Dubuque, receipt of bids, and City Manager recommending Iowa for the West Locust Storm Sewer award of the contract for the Hotel Conference Improvements Project. Center Parking Lots and Fifth Street Whereas, notice of hearing on plans, Construction Project to Portzen Construction, specifications, form of contract, and estimated Inc., presented and read. Cline moved that the cost was published as required by law. proofs and communication be received and filed. NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 450-02 DUBUQUE, IOWA: RESOLUTION ADOPTING That the said plans, specifications, form of PLANS AND SPECIFICATIONS contract and estimated cost are hereby th approved as the plans, specifications, form of Whereas, on the 10 day of July, 2002, plans, contract and estimated cost for said specifications, form of contract and estimated improvements for said project. cost were filed with the City Clerk of Dubuque, rd Passed, adopted and approved this 3 day of Iowa for the Hotel/Conference Center Parking September, 2002. Lots & Fifth Street Construction Project. Terrance M. Duggan, Mayor Whereas, notice of hearing on plans, Attest: Jeanne F. Schneider, City Clerk specifications, form of contract, and estimated Markham moved adoption of the Resolution. cost was published as required by law. Seconded by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 449-02 DUBUQUE, IOWA: AWARDING CONTRACT That the said plans, specifications, form of Whereas, sealed proposals have been contract and estimated cost are hereby submitted by contractors for the West Locust approved as the plans, specifications, form of Storm Sewer Improvements Project pursuant to contract and estimated cost for said Resolution No. 412-02 and notice to bidders improvements for said project. rd published in a newspaper published in the City Passed, adopted and approved this 3 day of th of Dubuque, Iowa on the 9 day of August, September, 2002. 2002. Terrance M. Duggan, Mayor Whereas, said sealed proposals were opened Attest: Jeanne F. Schneider, City Clerk nd and read on the 22 day of August, 2002, and it 360 Regular Session, September 3, 2002 Cline moved adoption of the Resolution. Whereas, notice of hearing on plans, Seconded by Nicholson. Motion carried 7-0. specifications, form of contract, and estimated cost was published as required by law. RESOLUTION NO. 451-02 NOW THEREFORE, BE IT RESOLVED BY AWARDING CONTRACT THE CITY COUNCIL OF THE CITY OF Whereas, sealed proposals have been DUBUQUE, IOWA: submitted by contractors for the That the said plans, specifications, form of Hotel/Conference Center Parking Lots & Fifth contract and estimated cost are hereby Street Construction Project pursuant to approved as the plans, specifications, form of Resolution No. 378-02 and notice to bidders contract and estimated cost for said published in a newspaper published in the City improvements for said project. thrd of Dubuque, Iowa on the 12 day of July, 2002. Passed, approved and adopted this 3 day of Whereas, said sealed proposals were opened September, 2002. nd and read on the 22 day of August, 2002, and it Terrance M. Duggan, Mayor has been determined that the bid of Portzen Attest: Jeanne F. Schneider, City Clerk Construction, Inc. of Dubuque, Iowa, in the Buol moved adoption of the Resolution. amount of $1,097,207.48 was the lowest bid for Seconded by Nicholson. Motion carried 7-0. the furnishings of all labor and materials and performing the work as provided for in the plans RESOLUTION NO. 453-02 and specifications. AWARDING CONTRACT NOW THEREFORE, BE IT RESOLVED BY Whereas, sealed proposals have been THE CITY COUNCIL OF THE CITY OF submitted by contractors for the Education and DUBUQUE, IOWA: Conference Center– Bid Package #3 pursuant to That the contract for the above improvement Resolution No. 381-02 and notice to bidders be awarded to Portzen Construction, Inc. and published in a newspaper published in the City the Manager be and is hereby directed to th of Dubuque, Iowa on the 19 day of July, 2002. execute a contract on behalf of the City of Whereas, said sealed proposals were opened Dubuque for the complete performance of the nd and read on the 22day of August, 2002, and it work. has been determined that the bid of J. P. Cullen BE IT FURTHER RESOLVED: and Sons, Inc. of Janesville, WI in the amount of That upon the signing of said contract and the $23,143,476.00 was the lowest bid for the approval of the contractor’s bond, the City furnishing of all materials and performing the Treasurer is authorized and instructed to return work as provided for in the plans and the bid deposits of the unsuccessful bidders. specifications. rd Passed, approved and adopted this 3 day of NOW THEREFORE, BE IT RESOLVED BY September, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk That the contract for the above improvement Cline moved adoption of the Resolution. be awarded to of J. P. Cullen and Sons, Inc. and Seconded by Nicholson. Motion carried 7-0. the Manager be and is hereby directed to execute a contract on behalf of the City of Education and Conference Center – Bid Dubuque for the complete performance of the Package #3: Proofs of publication on notice of work. hearing on plans and specifications and notice BE IT FURTHER RESOLVED: to bidders on the receipt of bids, and City That upon the signing of said contract and the Manager recommending award of the contract approval of the contractor’s bond, the City for the Education and Conference Center – Bid Treasurer is authorized and instructed to return Package #3 Project to J.P. Cullen and Sons, the bid deposits of the unsuccessful bidders. Inc., presented and read. Buol moved that the rd Passed, approved and adopted this 3 day of proofs and communication be received and filed. September, 2002. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 452-02 Buol moved adoption of the Resolution. RESOLUTION ADOPTING Seconded by Nicholson. Motion carried 7-0. PLANS AND SPECIFICATIONS Whereas, on the July 12, 2002, plans, Buol moved that the rules be reinstated limiting specifications, form of contract and estimated discussion to the Council. Seconded by cost were filed with the City Clerk of Dubuque, Nicholson. Motion carried 7-0. Iowa for the Education and Conference Center– Bid Package #3. ACTION ITEMS Regular Session, September 3, 2002 361 Request for Proposals – Dubuque Star reading of the Ordinance. Seconded by Brewery Building: City Manager requesting Markham. Carried by the following vote: Yeas— authorization to invite The Alexander Company Buol, Cline, Connors, Duggan, Markham. team and the Platinum Hospitality team to Nays—Michalski, Nicholson. respond to a Request for Proposals (RFP) for redevelopment of the former Dubuque Star Alternate Side Street Parking Ordinance: City Brewery Building, presented and read. Manager recommending approval of changes to Fran Henkels, Dubuque Star Brewing Section 32-285 of the Code of Ordinance to Company, addressed the Council and requested allow the City Manager the discretion of that the Company be allowed to respond to the establishing parking restriction hours in the Request for Proposals for the project. Alternate Side Street Parking District designated Buol moved to approve the recommendation by the City Council, presented and read. Buol and that Dubuque Star Brewing Company also moved that the communication be received and be invited to submit a response to the Request filed. Seconded by Michalski. Motion carried 7- for Proposals. Seconded by Nicholson. Motion 0. carried 7-0. An Ordinance Amending City of Dubuque Residential Parking Permit District – Green Code of Ordinances Section 32-285 Alternate Street and Avoca Street: City Manager Side Street Parking by establishing an Alternate recommending that a petition to establish a Side Street Parking District and authorizing the Residential Parking Permit District in the Senior City Manager to establish time restrictions for High School area be denied as none of the parking in the district, presented and read. through streets included in the petition reached the necessary parking occupancy level, OFFICIAL PUBLICATION presented and read. ORDINANCE NO. 71-02 Nicholson moved to table this matter for six AN ORDINANCE AMENDING CITY OF weeks and do another traffic study and count. DUBUQUE CODE OF ORDINANCES Seconded by Cline. Motion failed due to the SECTION 32-285 ALTERNATE SIDE STREET following vote: Yeas--Nicholson, Cline. Nays-- PARKING BY ESTABLISHING AN Connors, Duggan, Markham, Michalski, Buol. ALTERNATE SIDE STREET PARKING Markham moved to receive and file and approve DISTRICT AND AUTHORIZING THE CITY the recommendation to deny. Seconded by MANAGER TO ESTABLISH TIME Buol. Motion carried 7-0. RESTRICTIONS FOR PARKING IN THE DISTRICT. John F. Kennedy Road – Removal of “No NOW, THEREFORE, BE IT ORDAINED BY Parking” Restriction: City Manager THE CITY COUNCIL OF THE CITY OF recommending that the current parking DUBUQUE, IOWA: restriction on John F. Kennedy Road be Section 1. Section 32-285 of the City of amended to allow parking from 230 feet north of Dubuque Code of Ordinances is hereby Spring Valley Road to 360 feet south of the amended to read as follows: Northwest Arterial, presented and read. Buol (a) This section is enacted as an enforcement moved that the communication be received and procedure for the protection of public safety and filed. Seconded by Markham. Carried by the welfare and shall be used to facilitate street following vote: Yeas—Buol, Cline, Connors, sweeping and the removal of snow and ice Duggan, Markham. Nays--Michalski, Nicholson. accumulations on certain public streets. (b) There is hereby established an Alternate An Ordinance Amending Section 32-262 (d) of Side Street Parking District comprised of streets the City of Dubuque Code of Ordinances, and/or portions thereof as follows: prohibiting parking on designated streets or First Street, both sides, from Bluff Street to portions thereof by deleting portions of John F. Iowa Street. Kennedy Road, presented and read. Buol Second Street, both sides, from Bluff Street to moved that the requirement that a proposed Iowa Street. Ordinance be considered and voted on for Third Street, both sides, from Bluff Street to passage at two Council Meetings prior to the Central Avenue. meeting at which it is to be finally passed be Fourth Street, both sides, from Bluff Street to suspended and further moved final White Street. consideration and passage of the Ordinance. Fifth Street, both sides, from Bluff Street to Seconded by Nicholson. Vote on the motion White Street. was as follows: Yeas—Buol, Cline, Connors, Sixth Street, both sides, from Bluff Street to Duggan, Markham. Nays—Michalski, White Street. Nicholson. Motion failed due to lack of ¾ vote. Seventh Street, both sides, from Bluff Street to Buol moved that this be considered the first White Street. 362 Regular Session, September 3, 2002 Eighth Street, both sides, from Bluff Street to with sections 32-431, 32-432 and 32-433 of this White Street. chapter. Ninth Street, both sides, from Bluff Street to Section 3. This ordinance shall take effect Pine Street. upon publication. Tenth Street, both sides, from Bluff Street to Passed, approved and adopted this 3rd day of White Street. September, 2002. Eleventh Street, both sides, from Bluff Street Terrance M. Duggan, Mayor to Pine Street. Attest: Jeanne F. Schneider, City Clerk Twelfth Street, both sides, from Bluff Street to Published officially in the Telegraph Herald th White Street. newspaper this 11 day of September, 2002. Thirteenth Street, both sides, from Bluff Street Jeanne F. Schneider, City Clerk to White Street. 1t 9/11 Fourteenth Street, both sides, from Bluff Street Buol moved that the requirement that a to White Street. proposed Ordinance be considered and voted Twentieth Street, both sides, from Central on for passage at two Council Meetings prior to Avenue to White Street. the meeting at which it is to be finally passed be Twenty-first Street, both sides, from Central suspended and further moved final Avenue to White Street. consideration and passage of the Ordinance. Bluff Street, both sides, from Fourteenth Street Seconded by Michalski. Motion carried 7-0. to Dodge Street. Central Avenue, both sides, from Twenty-Historic District Public Improvement Program: second Street to Third Street. City Manager and Historic Preservation Clarke Drive, south side, from West Locust Commission recommending approval of the Street to a point approximately one hundred Historic District Public Improvement Program (100) feet east of Clarke Crest Drive. guidelines providing matching grants on a Clarke Drive, north side, from the east property competitive basis to neighborhood associations line of 1799 Clarke Drive to Clarke Crest Drive. and neighborhood groups for streetscape Iowa Street, both sides, from Fourteenth Street improvements in the City’s five historic districts, to First Street. presented and read. Markham moved that the Jones Street, both sides, from Main Street to communication be received and filed and Harrison Street. approved recommendation. Seconded by Locust Street, both sides, from Fourteenth Connors. Motion carried 7-0. Street to First Street. Main Street, both sides, from Fourteenth Dubuque County’s Proposed Land Street to Ninth Street and from Fifth Street to Development Plan and Map: Long Range Railroad Avenue. Planning Commission submitting comments on Railroad Avenue, both sides, from Main Street Dubuque County’s proposed land development to South Locust Street. plan and map and recommending City Council White Street, both sides, from Twenty-first approval of the Commission’s recom- Street to Fourth Street. mendations, presented and read. Buol moved (c) The City Manager is hereby authorized and that the communication be received and filed directed to establish time restrictions within the and approved recommendation. Seconded by Alternate Side Street Parking District and to post Nicholson. No vote taken on the motion. appropriate signs therefore. Michalski then moved to table this and go back (d) Upon petition to the City Manager by any to the County and share concerns. Seconded person for parking time restrictions within the by Markham. Carried by the following vote: Alternate Side Street Parking District, the City Yeas--Cline, Connors, Duggan, Markham, Manager shall review such requests and make Michalski. Nays--Buol, Nicholson. such changes as are deemed necessary by the City Manager. Homeownership Assistance Funds: City (e) When any vehicle parked in violation of this Manager recommending sponsorship of an section constitutes a hindrance and a hazard to application for $250,000 to the Federal Home the prompt removal of snow and ice Loan Bank (FHLB) for Affordable Housing accumulations, the police department may Program funds to assist income-qualifying cause the immediate removal of the vehicle. families to purchase a home, presented and When conditions permit, the police department read. Cline moved that the communication be shall make a reasonable effort to contact the last received and filed. Seconded by Michalski. registered owner of the vehicle before summarily Motion carried 7-0. removing the vehicle. (f) The towing and storage of vehicles parking in violation of this section shall be in accordance Regular Session, September 3, 2002 363 RESOLUTION NO. 454-02 process to be used for updating the City’s Code A RESOLUTION AUTHORIZING SPONSOR- of Ordinances, presented and read. Markham SHIP OF AN APPLICATION TO THE moved that the communication be received and FEDERAL HOME LOAN BANK OF DES filed and directed that monthly reports be made, MOINES FOR AFFORDABLE HOUSING highlighting the summary of changes. PROGRAM FUNDS. Whereas, the Federal Home Loan Bank has ITEMS TO BE SET FOR PUBLIC HEARING published notice to availability of funds under the Affordable Housing Program; and Vacating Petition – Kimball Street: City Whereas, local member FHLB lending Manager recommending that a public hearing be institutions have agreed to submit an application set for September 16, 2002 to consider a for these funds, for a program of request from Michael Schmalz to vacate a part homeownership assistance to lower-income of Kimball Street west of Rhomberg Avenue, households; and presented and read. Michalski moved that the Whereas, the City’s Consolidated Plan communication be received and filed and set for promotes the objectives of homeownership Public Hearing on 9/16/02 at 6:30 P.M. in the assistance and stabilization of target Public Library Auditorium and that the City Clerk neighborhoods; and publish notice in the manner prescribed by law. Whereas, provision of homeownership Seconded by Markham. Motion carried 7-0. opportunities to the City’s working families is a RESOLUTION NO. 455-02 necessary complement to on-going economic RESOLUTION APPROVING PLAT OF development efforts. PROPOSED VACATED PART OF KIMBALL NOW, THEREFORE, BE IT RESOLVED BY STREET WEST OF RHOMBERG AVENUE THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. Whereas, there has been presented to the City Section 1. The Mayor is hereby authorized to Council of the City of Dubuque, Iowa, a plat execute this resolution in sponsorship of an dated December 28, 2001, prepared by IIW application to the Federal Home Loan Bank for Engineers & Surveyors, PC, describing the Affordable Housing Program funds, to assist proposed vacated part of Kimball Street west of low- and moderate-income families to purchase Rhomberg Avenue; and homes. Whereas, said plat conforms to the laws and Section 2. This resolution shall take effect statutes pertaining thereto. immediately. rd NOW, THEREFORE, BE IT RESOLVED BY Passed, approved and adopted this 3 day of THE CITY COUNCIL OF THE CITY OF September 2002. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the plat dated December 28, Attest: Jeanne Schneider, City Clerk 2001 prepared by IIW Engineers & Surveyors, Cline moved adoption of the Resolution. PC, relative to the real estate hereinabove Seconded by Michalski. Motion carried 7-0. described be and the same is hereby approved, and the Mayor and City Clerk be and they are FLYDBQ Campaign: City Manager hereby authorized and directed to execute said recommending approval of a request from the plat for and on behalf of the City of Dubuque, Airport Commission for funding in the amount of Iowa. $35,000 for the FLYDBQ Campaign, presented Section 2. That the City Clerk be and is hereby and read. Cline moved that the communication authorized and directed to file said plat and be received and filed and approved certified copy of this resolution in the office of recommendation. Seconded by Nicholson. the Recorder, in and for Dubuque County, Iowa. Motion carried 7-0. Passed, approved and adopted this 3rd day of September, 2002. National League of Cities: Request from the Terrance M. Duggan, Mayor National League of Cities for appointment of a Attest: Jeanne F. Schneider, City Clerk Voting Delegate and Alternate Voting Delegate Michalski moved adoption of the Resolution. for the National League of Cities Annual Seconded by Markham. Motion carried 7-0. Business Meeting on Saturday, December 7, 2002, presented and read. Cline moved that An Ordinance Vacating a part of Kimball Street Council Member Nicholson be designated as the west of Rhomberg Avenue, presented and read. delegate with Council Member Buol as Alternate Delegate. Seconded by Markham. Motion OFFICIAL PUBLICATION carried 7-0. ORDINANCE NO. 72-02 Code of Ordinance Review: City Manager requesting Council direction regarding the 364 Regular Session, September 3, 2002 ORDINANCE VACATING A PART OF Whereas, Clint Johnson, John Duccini, and KIMBALL STREET WEST OF RHOMBERG Michael Schmalz have requested the vacating AVENUE and purchase of City property; and Whereas, Michael Schmalz has requested the Whereas, IIW Engineers & Surveyors, PC has vacating of a part of Kimball Street west of prepared and submitted to the City Council a Rhomberg Avenue; and plat showing the vacated portion of Kimball Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a Street west of Rhomberg Avenue and unused plat showing the vacated part of Kimball Street land of Eagle Point Park and assigned lot west of Rhomberg Avenue and assigned lot numbers thereto, which hereinafter shall be number thereto, which hereinafter shall be known and described as Lot 31A of Eagle Point, known and described as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in in the City of Dubuque, Dubuque County, Iowa; the City of Dubuque, Iowa; and and Whereas, the City Council of the City of Whereas, the City Council of the City of Dubuque, Iowa has determined that these Dubuque, Iowa has determined that portion of parcels are no longer required for public use, Kimball Street west of Rhomberg Avenue is no and vacating and sale of said lands known as longer required for public use, and vacating of Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of said part of Kimball Street west of Rhomberg Eagle Point No. 2 in the City of Dubuque, Avenue known as Lot 31A of Eagle Point, in the Dubuque County, Iowa should be approved. City of Dubuque, Dubuque County, Iowa should NOW, THEREFORE, BE IT RESOLVED BY be approved. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the City of Dubuque intends to DUBUQUE, IOWA: dispose of its interest in Lot 31A of Eagle Point, Section 1. That the real estate described as Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in Lot 31A of Eagle Point in the City of Dubuque, the City of Dubuque, Iowa. Iowa, be and the same is hereby vacated. Section 2. That the conveyance of Lot 1 of Passed, approved and adopted this 3rd day of Eagle Point No. 2 in the City of Dubuque, Iowa, September, 2002. to Clint Johnson be contingent upon the Terrance M. Duggan, Mayor payment of $5,000.00, plus platting, publication Attest: Jeanne F. Schneider, City Clerk and filing fees. Published officially in the Telegraph Herald th Section 3. That the conveyance of Lot 2 of newspaper this 11 day of September, 2002. Eagle Point No. 2 in the City of Dubuque, Iowa, Jeanne F. Schneider, City Clerk to John Duccini be contingent upon the payment 1t 9/11 of $3,850.00, plus platting, publication and filing Michalski moved that the requirement that a fees. proposed Ordinance be considered and voted Section 4. That the conveyance of Lot 3 of on for passage at two Council Meetings prior to Eagle Point No. 2 and Lot 31A of Eagle Point in the meeting at which it is to be finally passed be the City of Dubuque, Iowa, to Michael Schmalz suspended and further moved final be contingent upon the payment of $2,450.00, consideration and passage of the Ordinance. plus platting, publication and filing fees. Seconded by Markham. Motion carried 7-0. Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice of Sale of Property Along Rhomberg Avenue: intent to dispose of said real estate to be City Manager recommending that a public published in the manner as prescribed by law. hearing be set for September 16, 2002 to Passed, approved and adopted this 3rd day of consider a request from Clint Johnson, John September, 2002. Duccini, and Michael Schmalz to purchase Terrance M. Duggan, Mayor property along Rhomberg Avenue, presented Attest: Jeanne F. Schneider, City Clerk and read. Michalski moved that the Michalski moved adoption of the Resolution communication be received and filed. Seconded and further set it for Public Hearing on 9/16/02 at by Markham. Motion carried 7-0. a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk RESOLUTION NO. 456-02 publish notice in the manner prescribed by law. RESOLUTION OF INTENT TO DISPOSE OF Seconded by Markham. Motion carried 7-0. CITY INTEREST IN LOT 31A OF EAGLE POINT, LOT 1, LOT 2, AND LOT 3 OF EAGLE Old Mill Road – Vacating Request: City POINT NO. 2, DUBUQUE, IOWA Manager recommending that a public hearing be set for September 16, 2002 to consider a request from David S. Hartig, Jr., for the Regular Session, September 3, 2002 365 vacating of a portion of Old Mill Road, presented Whereas, the City Council of the City of and read. Michalski moved that the Dubuque, Iowa has determined that this portion communication be received and filed. Seconded of Old Mill Road is no longer required for public by Markham. Motion carried 7-0. use, except for utility easements as noted, and vacating of said portion of Old Mill Road known RESOLUTION NO. 457-02 as Lot A of Old Mill Place, in the City of RESOLUTION APPROVING PLAT OF Dubuque, Dubuque County, Iowa should be PROPOSED VACATED OLD MILL ROAD approved. Whereas, there has been presented to the City NOW, THEREFORE, BE IT ORDAINED BY Council of the City of Dubuque, Iowa, a plat THE CITY COUNCIL OF THE CITY OF dated August 15, 2002 prepared by IIW DUBUQUE, IOWA: Engineers & Surveyors, P.C., describing the Section 1. That the real estate described as proposed vacated portion of Old Mill Road; and Lot A of Old Mill Place in the City of Dubuque, Whereas, said plat conforms to the laws and Dubuque County, Iowa, be and the same is statutes pertaining thereto. hereby vacated. NOW, THEREFORE, BE IT RESOLVED BY Section 2. The City of Dubuque reserves unto THE CITY COUNCIL OF THE CITY OF itself a perpetual easement including the right of DUBUQUE, IOWA: ingress and egress thereto, for the purpose of Section 1. That the plat dated August 15, erecting, installing, constructing, reconstructing, 2002, prepared by IIW Engineers & Surveyors, repairing, owning, operating, and maintaining P.C., relative to the real estate hereinabove water, sewer, drainage, gas, telephone, described be and the same is hereby approved, television cable, fiber optics, and electric lines as and the Mayor and City Clerk be and they are may be authorized by the City of Dubuque, Iowa hereby authorized and directed to execute said as shown on the plat of survey of Lot A and Lot plat and on behalf of the City of Dubuque, Iowa. B of Old Mill Place. rd Section 2. The City of Dubuque reserves unto Passed, approved and adopted this 3 day of itself a perpetual easement including the right of September, 2002. egress thereto, for the purpose of erecting, Terrance M. Duggan, Mayor installing, constructing, reconstructing, repairing, Attest: Jeanne F. Schneider, City Clerk owning, operating, and maintaining water, Published officially in the Telegraph Herald th sewer, drainage, gas, telephone, television newspaper this 11 day of September, 2002. cable, fiber optics, and electric lines as may be Jeanne F. Schneider, City Clerk authorized by the City of Dubuque, Iowa, as 1t 9/11 shown on the plat of survey of Lot A and Lot B of Michalski moved that the requirement that a Old Mill Place. proposed Ordinance be considered and voted Section 3. That the City Clerk be and is hereby on for passage at two Council Meetings prior to authorized and directed to file said plat and the meeting at which it is to be finally passed be certified copy of this resolution in the office of suspended and further moved final the Recorder in and for Dubuque County, Iowa. consideration and passage of the Ordinance. rd Passed, approved and adopted this 3 day of Seconded by Markham. Motion carried 7-0. September, 2002. RESOLUTION NO. 458-02 Terrance M. Duggan, Mayor RESOLUTION OF INTENT TO DISPOSE OF Attest: Jeanne F. Schneider, City Clerk CITY INTEREST IN LOT A OF OLD MILL Michalski moved adoption of the Resolution. PLACE IN THE CITY OF DUBUQUE, Seconded by Markham. Motion carried 7-0. DUBUQUE COUNTY, IOWA An Ordinance Vacating a portion of Old Mill Whereas, David S. Hartig, Jr. has requested Road, presented and read. the vacating of a portion of Old Mill Road; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council OFFICIAL PUBLICATION a plat showing the vacated portion of Old Mill ORDINANCE NO. 73-02 Road and assigned lot numbers thereto, which ORDINANCE VACATING A PORTION OF OLD hereinafter shall be known and described as Lot MILL ROAD A of Old Mill Place in the City of Dubuque, Whereas, David S. Hartig, Jr. has requested Dubuque County, Iowa; and the vacating of a portion of Old Mill Road; and Whereas, the City Council of the City of Whereas, IIW Engineers & Surveyors, P.C. Dubuque, Iowa has determined that this portion has prepared and submitted to the City Council of Old Mill Road is no longer required for public a plat showing the vacated portion of Old Mill use, except for utility easements as noted, and Road and assigned a lot number thereto, which vacating and sale of said portions of alleys and hereinafter shall be known and described as Lot streets known as Lot A of Old Mill Place in the A of Old Mill Place in the City of Dubuque, Dubuque County, Iowa; and 366 Regular Session, September 3, 2002 City of Dubuque, Dubuque County, Iowa should Whereas, said plat conforms to the laws and be approved. statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to Section 1. That the plat dated July 31, 2002, dispose of its interest in Lot A of Old Mill Place prepared by Buesing & Associates, relative to in the City of Dubuque, Dubuque County, Iowa. the real estate hereinabove described be and Section 2. That the conveyance of Lot A of Old the same is hereby approved, and the Mayor Mill Place in the City of Dubuque, Dubuque and City Clerk be and they are hereby County, Iowa to David S. Hartig, Jr. be authorized and directed to execute said plat for contingent upon the payment of $300.00, plus and on behalf of the City of Dubuque, Iowa. platting, publication and filing fees. Section 2. The City of Dubuque reserves unto Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of itself a perpetual easement including the right of ingress and egress thereto, for the purpose of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, may be authorized by the City of Dubuque, Iowa Iowa, as shown on the Plat of Survey of City Lot as shown on the plat of survey of Lot A and Lot 449A. B of Old Mill Place. Section 3. That the City Clerk be and is hereby Section 4. That the City Clerk be and is hereby authorized and directed to file said plat and authorized and directed to cause a notice of certified copy of this resolution in the office of intent to dispose of said real estate to be the Recorder in and for Dubuque County, Iowa. rd published in the manner as prescribed by law. Passed, approved and adopted this 3 day of rd Passed, approved and adopted this 3 day of September, 2002. September, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Michalski moved adoption of the Resolution Seconded by Markham. Motion carried 7-0. and further set this for Public Hearing on 9/16/02 at a meeting to commence at 6:30 P.M. in the An Ordinance Vacating the alley between Iowa th Public Library Auditorium and that the City Clerk Street and Central Avenue from 13 Street to th publish notice in the manner prescribed by law. 14 Street, presented and read. Seconded by Markham. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 74-02 Alley Between Iowa Street and Central Avenue ORDINANCE VACATING THE ALLEY – Request to Vacate: City Manager BETWEEN IOWA STREET AND CENTRAL recommending that a public hearing be set for THTH AVENUE FROM 13 STREET TO 14 September 16, 2002 to consider a request from STREET Dubuque Bank and Trust to vacate the alley between Iowa Street and Central Avenue from Whereas, Dubuque Bank & Trust has thth 13 Street to 14 Street and to establish the requested the vacating of the alley between th purchase price, presented and read. Michalski Iowa Street and Central Avenue from 13 Street th moved that the communication be received and to 14 Street; and filed. Seconded by Markham. Motion carried 7-Whereas, Buesing & Associates has prepared 0. and submitted to the City Council a plat showing the vacated portion of alley between Iowa Street thth RESOLUTION NO. 459-02 and Central Avenue from 13 Street to 14 RESOLUTION APPROVING PLAT OF Street and assigned a lot number thereto, which PROPOSED VACATED ALLEY BETWEEN hereinafter shall be known and described as City IOWA STREET AND CENTRAL AVENUE Lot 449A in the City of Dubuque, Dubuque THTH FROM 13 STREET TO 14 STREET County, Iowa; and Whereas, the City Council of the City of Whereas, there has been presented to the City Dubuque, Iowa has determined that the alley Council of the City of Dubuque, Iowa, a plat between Iowa Street and Central Avenue from dated July 31, 2002, prepared by Buesing & thth 13 Street to 14 Street is no longer required for Associates, describing the proposed vacated public use, except for utility easements as noted, alley between Iowa Street and Central Avenue and vacating of the alley between Iowa Street thth thth from 13 Street to 14 Street; and and Central Avenue from 13 Street to 14 Regular Session, September 3, 2002 367 Street known as City Lot 449A in the City of Section 1. That the City of Dubuque intends to Dubuque, Dubuque County, Iowa should be dispose of its interest in City Lot 449A in the City approved. of Dubuque, Iowa. NOW, THEREFORE, BE IT ORDAINED BY Section 2. That the conveyance of City Lot THE CITY COUNCIL OF THE CITY OF 449A in the City of Dubuque, Iowa to the DUBUQUE, IOWA: Dubuque Bank & Trust be contingent upon the Section 1. That the real estate described as City payment of $8,400.00, plus platting, publication Lot 449A in the City of Dubuque, Iowa, be and and filing fees. the same is hereby vacated. Section 3. The City of Dubuque reserves unto Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of itself a perpetual easement including the right of ingress and egress thereto, for the purpose of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of City Lot 449A. as shown on the Plat of Survey of City Lot 449A. Section 4. That the City Clerk be and is hereby rd Passed, approved and adopted this 3 day of authorized and directed to cause a notice of September, 2002. intent to dispose of said real estate to be Terrance M. Duggan, Mayor published in the manner as prescribed by law. rd Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 3 day of Published officially in the Telegraph Herald September, 2002. newspaper this 11th day of September, 2002. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk 1t 9/11 Michalski moved adoption of the Resolution Michalski moved that the requirement that a and further set this for Public Hearing on 9/16/02 proposed Ordinance be considered and voted at a meeting to commence at 6:30 P.M. in the on for passage at two Council Meetings prior to Public Library Auditorium and that the City Clerk the meeting at which it is to be finally passed be publish notice in the manner prescribed by law. suspended and further moved final Seconded by Markham. Motion carried 7-0. consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Proposed Land Use Map: Long Range Planning Advisory Commission recommending RESOLUTION NO. 460-02 that the City Council set a public hearing for RESOLUTION OF INTENT TO DISPOSE OF September 16, 2002, to consider adoption of the CITY INTEREST IN CITY LOT 449A proposed Land Use Map to complete the update DUBUQUE, IOWA of the 1995 Comprehensive Plan, presented and Whereas, the Dubuque Bank & Trust has read. Michalski moved that the communication requested the vacating of alley between Iowa be received and filed and set this for Public th Street and Central Avenue from 13 Street to Hearing on 9/16/02 at a meeting to commence th 14 Street; and at 6:30 P.M. in the Public Library Auditorium and Whereas, Buesing & Associates has prepared that the City Clerk publish notice in the manner and submitted to the City Council a plat showing prescribed by law. Seconded by Markham. the vacated alley between Iowa Street and Motion carried 7-0. thth Central Avenue from 13 Street to 14 Street and assigned lot numbers thereto, which Mediacom Franchise Extension: City Manager hereinafter shall be known and described as City recommending that a public hearing be set for Lot 449A in the City of Dubuque, Iowa; and September 16, 2002 to consider an additional Whereas, the City Council of the City of three-month lease extension of the existing Dubuque, Iowa has determined that this alley Mediacom cable franchise, presented and read. between Iowa Street and Central Avenue from Michalski moved that the communication be thth 13 Street to 14 Street is no longer required for received and filed. Seconded by Markham. public use, except for utility easements as noted, Motion carried 7-0. and vacating and sale of said alleys known as RESOLUTION NO. 461-02 City Lot 449A in the City of Dubuque, Dubuque A RESOLUTION OF THE CITY'S INTENT TO County, Iowa should be approved. GRANT A SHORT-TERM EXTENSION OF AN NOW, THEREFORE, BE IT RESOLVED BY EXISTING CABLE SERVICES FRANCHISE THE CITY COUNCIL OF THE CITY OF AND AN EXISTING HUB SITE LEASE TO DUBUQUE, IOWA: MCCIOWA L.L.C. 368 Regular Session, September 3, 2002 Whereas, MCCIowa, L.L.C. (Mediacom) is the Attest: Jeanne F. Schneider, City Clerk current holder of a cable services franchise, Michalski moved adoption of the Resolution. embodied in Ordinance No. 42-81, as modified Seconded by Markham. Motion carried 7-0. by a series of waivers and side agreements, and RESOLUTION NO. 463-02 acquired from TCI of Iowa, Inc. via a transfer FIXING DATE OF HEARING approved by the Dubuque City Council on June ON PLANS AND SPECIFICATIONS 18, 2001; and Whereas, one of the side agreements is a WHEREAS, the City Council of the City of lease to Mediacom to build and maintain a Dubuque, Iowa has given its preliminary network hub on City-owned property located at approval on the proposed plans, specifications, 1585 West Third Street in Dubuque; and and form of contract and placed same on file in Whereas, the terms of the franchise and of the the office of the City Clerk for public inspection lease will expire September 30, 2002; and of the Flora Park Rest Room Construction Whereas, representatives of the City of Project. Dubuque and of Mediacom have entered into NOW, THEREFORE, BE IT RESOLVED, BY good faith negotiation of terms and conditions THE CITY COUNCIL OF THE CITY OF for the renewal of the franchise and the lease. DUBUQUE, IOWA, that on the 7th day of NOW, THEREFORE, BE IT RESOLVED BY October, 2002, a public hearing will be held at THE CITY COUNCIL OF THE CITY OF 6:30 p.m. in the Public Library Auditorium, at DUBUQUE, IOWA: which time interested persons may appear and Section 1. That the City of Dubuque intends to be heard for or against the proposed plans and extend the term of the cable services franchise specifications, form of contract and cost of said and the term of the lease to December 31, 2002 improvement, and the City Clerk be and is under the same terms and conditions as hereby directed to cause a notice of time and currently in effect; and place of such hearing to be published in a Section 2. That the City Clerk is hereby newspaper having general circulation in the City authorized and directed to cause notice to be of Dubuque, Iowa, which notice shall be not less published of the proposed extension in the than four days nor more than twenty days prior manner prescribed by law. to the day fixed for its consideration. At the Passed, approved and adopted this 3rd day of hearing, any interested person may appear and September, 2002 file objections to the proposed plans, Terrance M. Duggan, Mayor specifications, contract, or estimated cost of the Attest: Jeanne F. Schneider, City Clerk improvement. Michalski moved adoption of the Resolution Passed, approved and adopted this 3rd day of and further set this for Public Hearing on 9/16/02 September, 2002. at a meeting to commence at 6:30 P.M. in the Terrance M. Duggan, Mayor Public Library Auditorium and that the City Clerk Attest: Jeanne F. Schneider, City Clerk publish notice in the manner prescribed by law. Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 464-02 Flora Park Rest Room Project – Initiate: City ORDERING BIDS Manager recommending initiation of the bidding process for the Flora Park Rest Room Project BE IT RESOLVED BY THE COUNCIL OF and that a public hearing be set for October 7, THE CITY OF DUBUQUE, IOWA: 2002, presented and read. Michalski moved That the Flora Park Rest Room Construction that the communication be received and filed. Project is hereby ordered to be advertised for Seconded by Markham. Motion carried 7-0. bids for construction. BE IT FURTHER RESOLVED, that the amount RESOLUTION NO. 462-02 of the security to accompany each bid shall be in PRELIMINARY APPROVAL OF an amount which shall conform to the provisions PLANS AND SPECIFICATIONS of the notice to bidders hereby approved as a BE IT RESOLVED BY THE CITY COUNCIL part of the plans and specifications heretofore OF THE CITY OF DUBUQUE, IOWA: adopted. That the proposed plans, specifications, form That the City Clerk is hereby directed to of contract and estimated cost for the Flora Park advertise for bids for the construction of the Rest Room Construction Project, in the improvements herein provided, to be published estimated amount of $89,000, are hereby in a newspaper having general circulation in the approved and ordered filed in the office of the City of Dubuque, Iowa, which notice shall not be City Clerk, for public inspection. less than four days nor more than twenty days Passed, approved and adopted this 3rd day of prior to the receipt of said bids at 2:00 p.m. on September, 2002. the 26th day of September, 2002. Bids shall be Terrance M. Duggan, Mayor opened and read by the City Clerk at said time Regular Session, September 3, 2002 369 and will be submitted to the Council for final hearing, any interested person may appear and action at 6:30 p.m. on the 7th day of October, file objections to the proposed plans, 2002. specifications, contract, or estimated cost of the Passed, approved and adopted this 3rd day of improvement. September, 2002. Passed, approved and adopted this 3rd day of Terrance M. Duggan, Mayor September, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Markham. Motion carried 7-0. Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Girls’ Independent League Ballfield RESOLUTION NO. 467-02 Fencing Project – Initiate: City Manager ORDERING BIDS recommending initiation of the bidding process for the Dubuque Girls’ Independent League BE IT RESOLVED BY THE COUNCIL OF Ballfield Fencing Project (Riprow Valley) and THE CITY OF DUBUQUE, IOWA: that a public hearing be set for October 7, 2002. That the DGIL Ballfield Fencing Project is presented and read. Michalski moved that the hereby ordered to be advertised for bids for communication be received and filed. Seconded construction. by Markham. Motion carried 7-0. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in RESOLUTION NO. 465-02 an amount which shall conform to the provisions PRELIMINARY APPROVAL OF of the notice to bidders hereby approved as a PLANS AND SPECIFICATIONS part of the plans and specifications heretofore BE IT RESOLVED BY THE CITY COUNCIL adopted. OF THE CITY OF DUBUQUE, IOWA: That the City Clerk is hereby directed to That the proposed plans, specifications, form advertise for bids for the construction of the of contract and estimated cost for the DGIL improvements herein provided, to be published Ballfield Fencing Project, in the estimated in a newspaper having general circulation in the amount of $65,000, are hereby approved and City of Dubuque, Iowa, which notice shall not be ordered filed in the office of the City Clerk, for less than four days nor more than twenty days public inspection. prior to the receipt of said bids at 2:00 p.m. on Passed, approved and adopted this 3rd day of the 26th day of September, 2002. Bids shall be September, 2002. opened and read by the City Clerk at said time Terrance M. Duggan, Mayor and will be submitted to the Council for final Attest: Jeanne F. Schneider, City Clerk action at 6:30 p.m. on the 7th day of October, Michalski moved adoption of the Resolution. 2002. Seconded by Markham. Motion carried 7-0. Passed, approved and adopted this 3rd day of September, 2002. RESOLUTION NO. 466-02 Terrance M. Duggan, Mayor FIXING DATE OF HEARING Attest: Jeanne F. Schneider, City Clerk ON PLANS AND SPECIFICATIONS Michalski moved adoption of the Resolution. WHEREAS, the City Council of the City of Seconded by Markham. Motion carried 7-0. Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, First Street and Main Street Lighting Project – and form of contract and placed same on file in Initiate: City Manager recommending initiation the office of the City Clerk for public inspection of the bidding process for the First Street and of the DGIL Ballfield Fencing Project. Main Street Lighting Project and that a public NOW, THEREFORE, BE IT RESOLVED, BY hearing be set for October 7, 2002, presented THE CITY COUNCIL OF THE CITY OF and read. Michalski moved that the DUBUQUE, IOWA, that on the 7th day of communication be received and filed. Seconded October, 2002, a public hearing will be held at by Markham. Motion carried 7-0. 6:30 p.m. in the Public Library Auditorium, at RESOLUTION NO. 468-02 which time interested persons may appear and PRELIMINARY APPROVAL OF be heard for or against the proposed plans and PLANS AND SPECIFICATIONS specifications, form of contract and cost of said improvement, and the City Clerk be and is NOW THEREFORE, BE IT RESOLVED BY hereby directed to cause a notice of time and THE CITY COUNCIL OF THE CITY OF place of such hearing to be published in a DUBUQUE, IOWA: newspaper having general circulation in the City That the proposed plans, specifications, form st of Dubuque, Iowa, which notice shall be not less of contract and estimated cost for the 1 and than four days nor more than twenty days prior Main Street Historical Lighting Project, in the to the day fixed for its consideration. At the estimated amount $163,741.60 are hereby 370 Regular Session, September 3, 2002 approved and ordered filed in the office of the in a newspaper having general circulation in the City Clerk for public inspection. City of Dubuque, Iowa, which notice shall not be rd Passed, adopted and approved this 3 day of less than four days nor more than forty-five days September, 2002. prior to the receipt of said bids at 2:00 p.m. on th Terrance M. Duggan, Mayor the 26 day of September, 2002. Bids shall be Attest: Jeanne F. Schneider, City Clerk opened and read by the City Clerk at said time Michalski moved adoption of the Resolution. and will be submitted to the Council for final th Seconded by Markham. Motion carried 7-0. action at 6:30 p.m. on the 7 day of October, 2002. rd RESOLUTION NO. 469-02 Passed, adopted and approved this 3 day of FIXING DATE OF HEARING September, 2002. ON PLANS AND SPECIFICATIONS Terrance M. Duggan, Mayor Whereas, the City Council of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa has given its preliminary Michalski moved adoption of the Resolution. approval on the proposed plans, specifications, Seconded by Markham. Motion carried 7-0. and form of contract and placed same on file in the office of the City Clerk for public inspection Port of Dubuque Phase #3 (Utilities) Project – st of the 1 and Main Street Historical Lighting Initiate: City Manager recommending initiation Project. of the bidding process for the Port of Dubuque NOW THEREFORE, BE IT RESOLVED BY Phase #3 (Utilities) Project and that a public THE CITY COUNCIL OF THE CITY OF hearing be set for October 7, 2002, presented DUBUQUE, IOWA: and read. Michalski moved that the That a public hearing will be held on the 7th communication be received and filed. Seconded day of October, 2002, at 6:30 p.m. in the Public by Markham. Motion carried 7-0. Library Auditorium at which time interested RESOLUTION NO. 471-02 persons may appear and be heard for or against PRELIMINARY APPROVAL OF the proposed plans and specifications, form of PLANS AND SPECIFICATIONS contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a NOW THEREFORE, BE IT RESOLVED BY notice of time and place of such hearing to be THE CITY COUNCIL OF THE CITY OF published in a newspaper having general DUBUQUE, IOWA: circulation in the City of Dubuque, Iowa, which That the proposed plans, specifications, form notice shall be not less than four days nor more of contract and estimated cost for the Port of than twenty days prior to the day fixed for its Dubuque Utility Relocation and Extension consideration. At the hearing, any interested Project – Phase III in the estimated amount person may appear and file objections to the $472,185.98 are hereby approved and ordered proposed plans, specifications, contract, or filed in the office of the City Clerk for public estimated cost of the improvement. inspection. rdrd Passed, adopted and approved this 3 day of Passed, adopted and approved this 3 day of September, 2002. September, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 470-02 RESOLUTION NO. 472-02 ORDERING BIDS FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, Whereas, the City Council of the City of IOWA: Dubuque, Iowa has given its preliminary st That the 1 and Main Street Historical Lighting approval on the proposed plans, specifications, Project is hereby ordered to be advertised for and form of contract and placed same on file in bids for construction. the office of the City Clerk for public inspection BE IT FURTHER RESOLVED, that the amount of the Port of Dubuque Utility Relocation and of the security to accompany each bid shall be in Extension Project – Phase III. an amount which shall conform to the provisions NOW THEREFORE, BE IT RESOLVED BY of the Notice to Bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF part of the plans and specifications heretofore DUBUQUE, IOWA: th adopted. That a public hearing will be held on the 7 That the City Clerk is hereby directed to day of October, 2002, at 6:30 p.m. in the Public advertise for bids for the construction of the Library Auditorium at which time interested improvements herein provided, to be published persons may appear and be heard for or against Regular Session, September 3, 2002 371 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 Approved:__________________________2002 published in a newspaper having general circulation in the City of Dubuque, Iowa, which Adopted:___________________________2002 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 Mayor proposed plans, specifications, contract, or estimated cost of the improvement. ______________________________________ rd Passed, adopted and approved this 3 day of September, 2002. ______________________________________ Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ______________________________________ Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ______________________________________ RESOLUTION NO. 473-02 ______________________________________ ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY ______________________________________ THE COUNCIL OF THE CITY OF DUBUQUE, Council Members IOWA: That the Port of Dubuque Utility Relocation Attest: and Extension Project – Phase III is hereby ordered to be advertised for bids for ______________________________________ construction. City Clerk 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 th the 19 day of September, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final th action at 6:30 p.m. on the 7 day of October, 2002. rd Passed, adopted and approved this 3 day of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:40 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 9/11 372 Regular Session, September 16, 2002 DUBUQUE Notice of Claims/Suits: Eric Sawvell for personal injury; Jerrell M. Vann for vehicle CITY COUNCIL damage; Myra K. and Stanley A. Woodman vs. OFFICIAL City of Dubuque, Iowa and Dubuque County, PROCEEDINGS presented and read. Buol moved that the claims and suits be referred to the Legal Staff for City Council, Regular Session, September 16, investigation and report. Seconded by Cline. 2002 Motion carried 7-0. Council met in Regular Session at 6:30 P.M. in the Library Auditorium Corporation Counsel advising that the Present: Mayor Duggan, Council Members following claim has been referred to Public Entity Buol, Cline, Connors, Markham, Michalski, Risk Services of Iowa, the agent for the Iowa Nicholson, City Manager Michael Van Milligen, Communities Assurance Pool: Jerrell Vann for Corporation Counsel Barry Lindahl. vehicle damage, presented and read. Buol moved that the communication be received and Mayor Duggan read the call and stated this is filed and concurred. Seconded by Cline. Motion the regular session of the City Council called for carried 7-0. the purpose of acting upon such business which may properly come before the City Council. Citizen Communications: Communication of Mark J. Sullivan expressing Invocation was given by Council Member his appreciation to the City for the installation of Michalski. stop signs on Camelot Drive in Embassy West Subdivision, presented and read. Buol moved Proclamations: National Alcohol and Drug that the communication be received and filed. Addiction Recovery Month (September 2002) Seconded by Cline. Motion carried 7-0. received by Denise Mead, Lynn Boffeli, and Communication from Karl Stieglitz, 533 Lowell Lynn Uhall; Crop Walk Day in Dubuque Street, regarding the new refuse disposal (October 6, 2002) received by Marianne program, presented and read. Buol moved that LoGuidice; and Trick or Treat Night (October 31, the communication be received and filed. 2002). Seconded by Cline. Motion carried 7-0. CONSENT ITEMS Housing Commission: John L. Henning submitting his resignation from the Housing Minutes Submitted: Airport Commission of Commission effective immediately, presented 8/26; City Council of 8/29 and 9/3; Civil Service and read. Buol moved that the communication Commission of 7/30 and 8/20; Park and be received and filed and accepted the Recreation Commission of 8/13; Zoning resignation. Seconded by Cline. Motion carried Advisory Commission of 9/4, presented and 7-0. read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion carried 7- Environmental Stewardship Advisory Commis- 0. sion: Communication from Arthur W. Sunleaf advising the Council that he will not be seeking Printed Council Proceedings for June and July, reappointment to the Environmental 2002, presented and read. Buol moved that the Stewardship Advisory Commission, presented proceedings be approved as printed. Seconded and read. Buol moved that the communication by Cline. Motion carried 7-0. be received and filed. Seconded by Cline. Motion carried 7-0. Proofs of publication for City Council Proceedings of 8/19 and List of Claims and Consolidated Annual Performance and Summary of Revenues for the month ending Evaluation Report (CAPER): City Manager July 31, 2002, presented and read. Buol moved recommending approval of the Consolidated that the proofs be received and filed. Seconded Annual Performance and Evaluation Report by Cline. Motion carried 7-0. (CAPER) for the period of July 1, 2001 through June 30, 2002, presented and read. Buol Finance Director submitting the City of moved that the communication be received and Dubuque Financial Reports for the month ending filed. Seconded by Cline. Motion carried 7-0. August 31, 2002, presented and read. Buol moved that the communication and reports be RESOLUTION NO. 474-02 received and filed. Seconded by Cline. Motion RESOLUTION AUTHORIZING THE SUBMIS- carried 7-0. SION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING Regular Session, September 16, 2002 373 JULY 1, 2001 AND CONCLUDING JUNE 30, checks for payment of self-funded workers’ 2002. compensation expenses, presented and read. Whereas, the City of Dubuque, Iowa, is an Buol moved that the communication be received entitlement grant recipient under the Community and filed. Seconded by Cline. Motion carried 7- Development Block Grant (CDBG) Program of 0. the U.S. Department of Housing and Urban RESOLUTION NO. 475-02 Development (HUD); and RESOLUTION AUTHORIZING CERTAIN Whereas, the CDBG regulations require that DESIGNATED AGENTS OF THE CITY OF no later than ninety (90) days after the DUBUQUE LIMITED AUTHORIZATION TO completion of a program year, each entitlement EXECUTE CHECKS ON BEHALF OF THE recipient must submit a performance and CITY OF DUBUQUE, IOWA evaluation report, Consolidated Annual Performance and Evaluation Report (CAPER); Whereas, the City of Dubuque deposits certain and, funds for specific use in local commercial Whereas, the City has 1) prepared a CAPER banking institution; and for the program year commencing July 1, 2001 Whereas, the commercial banking institutions and concluding June 30, 2002; 2) published require authorization by the City Council for City notice of availability of the CAPER in the employees and others to sign checks and drafts Telegraph Herald on August 19, 2002 and in the drawn on such banking institutions; and Dubuque Advertiser on August 14, 2002; 3) Whereas, the City Council has determined that made copies of the CAPER available for public agents of the City of Dubuque who may sign review at the Carnegie Stout Public Library, City checks and drafts drawn on a designated Hall, and Housing and Community Development account on behalf of the City of Dubuque are the Department; 4) held a public hearing pursuant to Alternative Services Concepts (ASC) authorized published notice before the Community check signers for checks issued for the City of Development Advisory Commission on Dubuque Workers’ Compensation Account September 4, 2002; and drawn on account number 2010601 at American Whereas, the Community Development Trust and Savings Bank in Dubuque; and Advisory Commission has voted to approve the NOW, THEREFORE, BE IT RESOLVED BY CAPER and to recommend City Council THE CITY COUNCIL OF THE CITY OF approval. DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED BY Section 1. That the ASC authorized check THE CITY COUNCIL OF THE CITY OF signers are hereby granted ability to sign checks DUBUQUE, IOWA and drafts on behalf of the City of Dubuque for Section 1. That the Consolidated Annual checks issued for the Workers’ Compensation Performance and Evaluation Report (CAPER) Account drawn on account 2010601 at American for the period commencing July 1, 2001 and Trust and Savings Bank in Dubuque. concluding June 30, 2002, a copy of which is Passed, approved and adopted this 16th day attached, is hereby approved for submission. of September, 2002. Section 2. That the Mayor of the City of Terrance M. Duggan, Mayor Dubuque is hereby authorized and directed to Attest: Jeanne F. Schneider, City Clerk execute the Consolidated Annual Performance Buol moved adoption of the Resolution. and Evaluation Report (CAPER) on behalf of the Seconded by Cline. Motion carried 7-0. City of Dubuque, Iowa. Section 3. That the City Manager is hereby Civil Service Commission: Civil Service authorized and directed to submit the Commission submitting the certified list for the Consolidated Annual Performance and positions of Police Corporal and Events Evaluation Report (CAPER) to the U.S. Coordinator and the amended certified list for Department of Housing and Urban the position of Police Officer, presented and Development. read. Passed, approved and adopted this 16th day of September 2002. August 20, 2002 Terrance M. Duggan, Mayor Honorable Mayor and Attest: Jeanne F. Schneider, City Clerk Members of the City Council Buol moved adoption of the Resolution. In accordance with Chapter 400 of the 2001 Seconded by Cline. Motion carried 7-0. Code of Iowa, a written examination for the position of Police Corporal was given on June Designation of Agents to Execute Checks: 27 and July 11, 2002 with oral interviews City Manager recommending that the City completed on July 30 and 31, 2002. We hereby Finance Director/Treasurer and authorized certify that the individuals listed below have signers from Alternative Services Concepts passed the written and oral examination and (ASC) be granted limited authorization to sign vacancies for this position should be made from 374 Regular Session, September 16, 2002 this list and that this list is good for two (2) years Amy Perrin Bruce Anderson from above date. Peggy Degnan Lynda J. Steinwand POLICE CORPORAL LaShell J. Staley Scott Simpson Randel Roy Respectfully submitted, Steven Eastvedt Russell Stecklein Merle Duehr, Chairperson Pablo Ramirez Shane O’Brien Loras Kluesner Scott Engleman Kurt Horch Richard Wertzberger Kevin Klein Scott Baxter Civil Service Commission Respectfully submitted, Buol moved that the above Civil Service Merle Duehr, Chairperson certification be made a matter of record. Loras Kluesner Seconded by Cline. Motion carried 7-0. Richard Wertzberger Civil Service Commission Final Plat – Tiffany Ridge: Zoning Advisory Buol moved that the above Civil Service Commission recommending approval of the final certification be made a matter of record. plat of Lots 1 through 8, Block 4, of Tiffany Seconded by Cline. Motion carried 7-0. Ridge, presented and read. Buol moved that the communication be received and filed. Seconded September 5, 2002 by Cline. Motion carried 7-0. Honorable Mayor and RESOLUTION NO. 476-02 Members of the City Council RESOLUTION APPROVING THE FINAL PLAT In accordance with Chapter 400 of the 2001 OF LOTS 1 THRU 8, BLOCK 4 OF TIFFANY Code of Iowa, an examination for the position of RIDGE IN THE CITY OF DUBUQUE, IOWA Police Officer was given on May 4, 2002 and the list was certified on June 6, 2002. We hereby Whereas, there has been filed with the City recommend that the certified list for the position Clerk a Final Plat of Lots 1 thru 8, Block 4 of of Police Officer be amended to include Adam J. Tiffany Ridge in the City of Dubuque; and Ohnesorge. Whereas, said Final Plat has been examined Respectfully submitted, by the Zoning Advisory Commission and had its Merle Duehr, Chairperson approval endorsed thereon, with the condition Loras Kluesner that Lots 1 thru 8 are designated as non- Richard Wertzberger buildable; and Civil Service Commission Whereas, said Final Plat has been examined Buol moved that the above Civil Service by the City Council and they find that it conforms certification be made a matter of record. to the statutes and ordinances relating thereto. Seconded by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, September 5, 2002 IOWA: Honorable Mayor and Section 1. That the Final Plat of Lots 1 thru 8, Members of the City Council Block 4 of Tiffany Ridge is hereby approved, and In accordance with Chapter 400 of the 2001 the Mayor and City Clerk are hereby authorized Code of Iowa, an examination for the position of and directed to endorse the approval of the City Events Coordinator was conducted. We hereby of Dubuque, Iowa upon said final plat. th certify that the individuals listed on the attached Passed, approved and adopted this 16 day of sheet have passed this written examination and September 2002. the vacancy for this position should be made Terrance M. Duggan, Mayor from this list and that this list is good for two (2) Attest: Jeanne F. Schneider, City Clerk years from above date. Buol moved adoption of the Resolution. Events Coordinator – Certified List Seconded by Cline. Motion carried 7-0. Heidi Burch Kenneth Retzlaff Janine Rauscher John E. Anderson Fiscal Year 2002 Street Finance Report: City Shelley Knepper Jacqui S. Konzen Manager recommending approval of the Fiscal Timothy Abresch Donald Howes Year 2002 Street Finance Report, presented Michael Brennan Dianne M. Love and read. Buol moved that the communication Shelley Decker Kristi Brockway be received and filed. Seconded by Cline. Ann Halvorson Gary W. Abmeyer Motion carried 7-0. Laurie Freking Lin W. Jones RESOLUTION NO. 477-02 Gary Nauman Stephen Collins RESOLUTION APPROVING THE CITY OF Cori Schuller Joanne Gebauer DUBUQUE FISCAL YEAR 2002 STREET Dan LoBianco Kris Neyen FINANCE REPORT Dena M. Stolze Trudy Williams Jeremy Groce Robert Montrose Thomas Muselman Roger Oberfoell Regular Session, September 16, 2002 375 NOW, THEREFORE, BE IT RESOLVED BY between the City of Dubuque and the Iowa THE CITY COUNCIL OF THE CITY OF Department of Transportation. th DUBUQUE, IOWA: Passed, approved and adopted this 16 day of Section 1. That the Street Finance Report for September, 2002. the period July 1, 2001, to June 30, 2002, be Terrance M. Duggan, Mayor and the same is hereby approved and that the Attest: Jeanne F. Schneider, City Clerk City Clerk is hereby authorized and directed to Buol moved adoption of the Resolution and file said report with the Iowa Department of further set this for Public Hearing on 11/4/02 at Transportation. 6:30 P.M. in the public library auditorium and th Passed, approved, and adopted this 16 day that the City Clerk publish notice in the manner of September, 2002. prescribed by law. Seconded by Cline. Motion Terrance M. Duggan, Mayor carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Quebecor Economic Development District: Seconded by Cline. Motion carried 7-0. City Manager recommending adoption of a Resolution of Necessity finding that the creation US 20 Bridge – Right-of-Way Agreement: City of a new Quebecor Economic Development Manager recommending approval of an District is both necessary and appropriate under agreement between the City and the Iowa Iowa’s urban renewal statute, presented and Department of Transportation for right-of-way read. Buol moved that the communication be acquisition for construction of a new US 20 received and filed. Seconded by Cline. Motion bridge across the Mississippi River, presented carried 7-0. and read. Buol moved that the communication RESOLUTION NO. 479-02 be received and filed. Seconded by Cline. A RESOLUTION OF NECESSITY FINDING Motion carried 7-0. THAT PROPERTY LEASED BY QUEBECOR RESOLUTION NO. 478-02 WORLD DUBUQUE, INC. LOCATED ON RESOLUTION APPROVING AGREEMENT KERPER BOULEVARD IS AN ECONOMIC BETWEEN THE CITY OF DUBUQUE AND THE DEVELOPMENT AREA AND THAT THE IOWA DEPARTMENT OF TRANSPORTATION REDEVELOPMENT OF SAID AREA IS FOR RIGHT-OF-WAY ACQUISITION FOR THE NECESSARY IN THE INTEREST OF THE CONSTRUCTION OF A NEW US 20 BRIDGE RESIDENTS OF THE CITY OF DUBUQUE, CROSSING THE MISSISSIPPI RIVER IOWA. BETWEEN DUBUQUE, IOWA AND EAST Whereas, the City Council of the City of DUBUQUE, ILLINOIS Dubuque has determined that the area Whereas, the City agrees that the Iowa described in Section 1 hereof and leased by Department of Transportation shall acquire right-Quebecor World Dubuque, Inc. will provide new of-way for the construction of a new US 20 opportunities for local economic development bridge crossing the Mississippi River, between activities; and the cities of Dubuque, Iowa, and East Dubuque, Whereas, the City Council has determined that Illinois; and the redevelopment of existing industrial property Whereas, the Iowa Department of will enhance the City's ongoing economic Transportation has prepared a cooperative development efforts; and agreement between the City of Dubuque and the Whereas, the City Council has found that the Iowa Department of Transportation outlining the Quebecor property meets the definition of an process for right-of-way acquisition of the US 20 economic development area as found in Chapter bridge crossing between the cities of Dubuque, 403 "Urban Renewal" of the Iowa Code ; and Iowa, and East Dubuque, Illinois; and Whereas, Chapter 403 of the Iowa Code Whereas, the City Council of the City of requires that before urban renewal authority may Dubuque approves of said agreement. be exercised, a City Council must adopt a NOW, THEREFORE, BE IT RESOLVED BY resolution of necessity finding that the area in THE CITY COUNCIL OF THE CITY OF question is a slum, blighted or economic DUBUQUE, IOWA: development area, and that so designating such Section 1. That the agreement between the area is necessary in the interest of the public City of Dubuque and the Iowa Department of health, safety or welfare of the residents of the Transportation for the right-of-acquisition for municipality. construction of the US 20 bridge crossing NOW, THEREFORE, BE IT RESOLVED BY between the Cities of Dubuque, Iowa, and East THE CITY COUNCIL OF THE CITY OF Dubuque, Illinois be and is hereby approved. DUBUQUE, IOWA: Section 2. That the Mayor be authorized and Section 1. That the following described area is directed to execute two copies of the agreement an economic development area as defined by 376 Regular Session, September 16, 2002 RESOLUTION NO. 480-02 Chapter 403 of the Iowa Code and is A RESOLUTION AUTHORIZING THE appropriate for an urban renewal project, to wit: EXECUTION OF A PHYSICAL INFRA- Lot 1 of Lot 1 of Lot 1 of Block 5 and Lot 1 of Lot STRUCTURE ASSISTANCE PROGRAM 2 of Lot 1 of Block 5 of River Front Subdivision (PIAP) LOAN AGREEMENT FOR SIX HUN- No. 3 and Lot 1 of Lot 2 of Block 1 of River Front DRED NINETY-TWO THOUSAND DOLLARS Subdivision No. 5 all in the City of Dubuque, ($692,000) WITH EAGLE WINDOW & DOOR, Dubuque County, Iowa and any adjoining public INC. right-of-way. (Hereinafter called the Quebecor Economic Whereas, the Physical Infrastructure Development District.) Assistance Program (PIAP) program was Section 2. That the redevelopment of the created by the Iowa Department of Economic Quebecor Economic Development District for Development to assist in the economic new and expanded industrial uses is necessary development efforts of local jurisdictions; and and appropriate to facilitate the proper growth Whereas, on April 22, 1998, the City of and development of the community in Dubuque, Iowa was awarded a one million one accordance with sound planning and local hundred eighty-four thousand dollar community objectives. ($1,184,000) forgivable loan from the PIAP Section 3. That the development of the area program by the Iowa Department of Economic will provide new opportunities for industrial Development to assist in the development of the expansion and job creation in the community. Kerper Boulevard Industrial Park; and Section 4. That the City Manager is authorized Whereas, the City of Dubuque, Iowa desires to and directed to prepare an Urban Renewal Plan assist Eagle Window & Door, Inc. in its efforts to for the Quebecor Economic Development expand its operations in Dubuque and create District, to forward said Plan to the City's Long new, permanent employment opportunities for Range Planning Commission for review and local citizens; and comment and to begin the consultation process Whereas, a PIAP Loan Agreement for required by law with affected taxing entities. $692,000, hereto attached and by this reference Section 5. That the City Clerk is directed to made a part hereof, is to be executed between publish notice of a public hearing on the the City of Dubuque, Iowa and Eagle Window & adoption of an Urban Renewal Plan for the Door, Inc. Quebecor Economic Development District to be NOW, THEREFORE, BE IT RESOLVED BY held on November 4, 2002 at 6:30 p.m. in the THE CITY COUNCIL OF THE CITY OF Carnegie-Stout Public Library Auditorium, 11th DUBUQUE, IOWA: and Bluff Streets, Dubuque, Iowa 52001 and Section 1. That the City Manager be and he is that said notice shall generally identify the area hereby authorized and directed to endorse, on covered by the Plan and the general scope of behalf of the City Council of the City of the Plan and the activities planned for such Dubuque, Iowa, the attached PIAP Loan area. Agreement. Section 6. That the City Clerk is further Section 2. That the City Manager is hereby directed to send by ordinary mail a copy of said authorized to prepare all necessary loan notice of public hearing to the Dubuque documents and is further authorized to disburse Community School District, the County Board of loan funds in accordance with the terms and Supervisors and the Northeast Iowa Community conditions of the executed agreement. th College, as the affected taxing entities. Passed, approved and adopted this 16 day of th Passed, approved and adopted this 16day of September, 2002. September, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. State Historical Society of Iowa: Eagle Window and Door Loan Agreement: Communication from the State Historical Society City Manager recommending approval of a of Iowa advising that the Ziepprecht Block Public Infrastructure Assistance Program (PIAP) Building and John Bell Block Building will be loan agreement with Eagle Window & Door, Inc. considered by the State National Register to finalize a project that has been underway for Nominations Review Committee for nomination over four years and to complete the City’s to the National Register of Historic Places, obligations under its agreement with the State of presented and read. Buol moved that the Iowa for the PIAP funds, presented and read. communication be received and filed. Seconded Buol moved that the communication be received by Cline. Motion carried 7-0. and filed. Seconded by Cline. Motion carried 7- 0. Regular Session, September 16, 2002 377 Hazard Mitigation: City Manager recom-Buol moved adoption of the Resolution. mending approval of the submission of a Hazard Seconded by Cline. Motion carried 7-0. Mitigation Grant Program application for the purchase of six properties in the Catfish Creek Liquor License Transfer: Request of John floodplain area, presented and read. Buol Finn to transfer The Busted Lift liquor license to moved that the communication be received and Murphy Park on October 12, 2002, presented filed. Seconded by Cline. Motion carried 7-0. and read. Buol moved that the communication be received and filed and approved request. RESOLUTION NO. 481-02 Seconded by Cline. Motion carried 7-0. STATE OF IOWA DESIGNATION OF APPLICANT'S Business Licenses: AUTHORIZED REPRESENTATIVE RESOLUTIONRESOLUTION NO. 483-02 BE IT RESOLVED BY THE City of Dubuque NOW, THEREFORE, BE IT RESOLVED BY that Michael Van Milligen, City Manager, is THE CITY COUNCIL OF THE CITY OF hereby authorized to execute on behalf of the DUBUQUE, IOWA: City of Dubuque, the hazard mitigation project That the following having complied with the and to file it with Iowa Emergency Management provisions of law relating to the sale of Division (IEMD) for the purpose of obtaining Cigarettes within the City of Dubuque, Iowa, be Federal/ State financial assistance under the granted a permit to sell Cigarettes and Cigarette Robert T. Stafford Disaster Relief and Papers within said City. Emergency Assistance Act (PL 93-288, as NEW amended) and the Code of Iowa, Chapter 29C. Phillips 66/Arby’s Liberty Station LLC th Passed, approved and adopted this 16 day of 10 S Main th September, 2002. Passed, approved and adopted this 16 day of Terrance M. Duggan, Mayor September, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 482-02 LOCAL MATCH RESOLUTION FOR THE RESOLUTION NO. 484-02 HAZARD MITIGATION GRANT PROGRAM Whereas, applications for Beer Permits have WHEREAS, the City of Dubuque (subgrantee), been submitted and filed to this Council for County of Dubuque, has made application approval and the same have been examined through Iowa Emergency Management Division and approved: and (EMD) to the Federal Emergency Management Whereas, the premises to be occupied by Agency (FEMA) for the Hazard Mitigation Grant such applicants were inspected and found to Program, in the amount of $662,554.00 for the comply with the Ordinances of the City and have total project, or $ 496,916.00 as the 75 % filed proper bonds. federal share, and NOW, THEREFORE, BE IT RESOLVED BY WHEREAS, the City of Dubuque (subgrantee) THE CITY COUNCIL OF THE CITY OF recognizes the fact that this project that is DUBUQUE, IOWA: requested to be funded under the Hazard That the Manager be authorized to cause to be Mitigation Grant Program is a 75 % federal / 10 issued the following named applicants a Beer % state / 15 % local matching grant, and Permit. WHEREAS, the City of Dubuque (subgrantee) CLASS “B” BEER PERMIT shall form an agreement with Iowa EMD and Dubuque Jaycees Chili Cook-Off – FEMA as to the date that said 15 % of local Tent A Cable Car Square funds shall be available to match the federal CLASS “C” BEER PERMIT funds awarded. RKM, LLC Ron’s Discount The City of Dubuque (subgrantee) agrees to Smoke/Beverages+(Sunday Sale) 1701 JFK Rd provide $ 99,383.00 (ninety nine thousand, three Rainbo Oil Company Kwik Stop Food Mart+ hundred eighty three dollars) of local monies to (Sunday Sales) 2360 Central Ave be used as matching funds for this Hazard Liberty Station, LLC Phillips 66/Arby’s+ Mitigation Grant Program project as outlined in (Sunday Sale) 10 S Main St th the grant application. Passed, approved and adopted this 16 day This resolution was passed and approved this of September, 2002. th 16 day of September, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 378 Regular Session, September 16, 2002 RESOLUTION NO. 485-02 Michalski moved that William L. Niemann be Whereas, applications for Liquor Licenses reappointed to a three year term which will have been submitted to this Council for approval expire 10/1/05. Seconded by Markham. Motion and the same have been examined and carried 7-0. approved; and Whereas, the premises to be occupied by such Housing Commission (Two 3-year terms to applicants were inspected and found to comply expire 8/17/05). Applicant: Thomas P. Swift, II. with the State Laws and all City Ordinances Markham moved that Thomas P. Swift II be relevant thereto and they have filed proper reappointed to a three year term which will bonds. expire 8/17/05. Seconded by Nicholson. NOW, THEREFORE, BE IT RESOLVED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: TV Cable Regulatory Commission (One 3-year That the Manager be authorized to cause to be vacant term through 6/30/04). Applicant: Kevin issued the following named applicants a Liquor Nekvinda. Cline moved that Kevin Nekvinda be License. appointed to a unexpired three year term which CLASS “C” BEER/LIQUOR LICENSE will expire 6/30/04. Seconded by Connors. Ibrico, Inc. Fat Tuesday+ Motion carried 7-0. (Sunday Sale) 1121 University Ave PMST, Inc Happy’s Place + TV Cable Community Teleprogramming (Sunday Sale) 2323 Rockdale Rd Commission (Two 3-year terms to expire James/Janet Kohl Grand Tap+ 6/30/05 and two vacant 3-year terms through (Sunday Sale) 802 Central Ave 6/30/03). Applicant: Carol Hoverman, OSF. Main Street Caboose, Inc Main Street Caboose Michalski moved that Carol Hoverman, OSF, be +(Sunday Sale) 253 Main St reappointed to a three year term which will Angela Mangeno Angie’s Bar+ expire 6/30/05. Seconded by Cline. Motion (Sunday Sale) 1401 Elm St carried 7-0. One Flight Up, Inc One Flight Up+ (Sunday Sale) 44-48 Main St PUBLIC HEARINGS Davey Robertson Public Bar Inc. Busted Lift (1Day 9-28 Outdoor Sale) 180 Main St Michalski moved that the rules be suspended Davey Robertson Public Bar Inc Busted Lift to allow anyone present to speak. Seconded by (1Day 10-12 Outdoor Sale) 180 Main St Cline. Motion carried 7-0. SPECIAL CLASS “C” LIQUOR (BW) Raymond Sanders Sugar Ray’s Barbeque 2531 John F. Kennedy Road – Rezoning 951 Main St Request: Proof of publication on notice of Legion-Aires Drum/Bugle Corp. Colts Com-hearing to consider rezoning property located at munity Center+(Sunday Sale) 1101 Central Ave 2531 John F. Kennedy Road from R-1 Single- th Passed, approved and adopted this 16 day of Family Residential District to C-2 Neighborhood September, 2002. Shopping Center District at the request of Kathy Terrance M. Duggan, Mayor Spear and Zoning Advisory Commission Attest: Jeanne F. Schneider, City Clerk recommending rezoning to C-1 Neighborhood Buol moved adoption of the Resolution. Commercial District with conditions, presented Seconded by Cline. Motion carried 7-0. and read. Michalski moved that the proof be received and filed. Seconded by Cline. Motion BOARDS/COMMISSIONS carried 7-0. Appointments to the following Commissions: Kathy Spear, applicant, spoke in favor of the Airport Commission (One 4-year term to expire proposed rezoning. 9/14/06). Applicants: Steven R. Accinelli, Evan W. Fleisher. Vote on the appointment was as An Ordinance Amending Appendix A (the follows: Buol voted for Accinelli. Cline voted for Zoning Ordinance) of the City of Dubuque Code Fleisher. Connors voted for Accinelli. Duggan of Ordinances by reclassifying hereinafter voted for Accinelli. Markham voted for Accinelli. described property located at 2531 John F. Michalski voted for Fleisher. Nicholson voted for Kennedy Road from R-1 Single-Family Accinelli. Therefore, Steven R. Accinelli Residential District to C-2 Neighborhood appointed to the four year term which will expire Shopping Center District, presented and read. 9/14/06. No motion made on this Ordinance. Environmental Stewardship Advisory An Ordinance Amending Appendix A (the Commission (Two 3-year terms to expire Zoning Ordinance) of the City of Dubuque Code 10/1/05) Applicant: William L. Niemann. of Ordinances by reclassifying hereinafter Regular Session, September 16, 2002 379 described property located at 2531 John F. 1) That uses grocery store/drug store, bakery- Kennedy Road from R-1 Single-Family retail only, laundromat, book/ stationary store Residential District to C-1 Neighborhood and sporting goods sales/rental be eliminated Shopping Center District, with conditions, from the list of permitted uses; and presented and read. 2) That storm water detention be provided on site. OFFICIAL PUBLICATION B) Reclassification of the Subject Property. The ORDINANCE NO. 75-02 City of Dubuque, Iowa may initiate zoning AN ORDINANCE AMENDING APPENDIX A reclassification proceedings to the District (THE ZONING ORDINANCE) OF THE CITY OF (which rezoning will include the removal of the DUBUQUE CODE OF ORDINANCES BY performance standards in Section A above) if RECLASSIFYING HEREINAFTER DESCRI- the property owner fails to complete any of the BED PROPERTY LOCATED AT 2531 JOHN F. conditions or provisions of this Agreement. KENNEDY ROAD FROM R-1 SINGLE FAMILY C) Modifications. Any modifications of this RESIDENTIAL DISTRICT TO C-1 NEIGHBOR- Agreement shall be considered a zoning HOOD COMMERCIAL ZONING DISTRICT, reclassification and shall be subject to the WITH CONDITIONS. provisions of the Zoning Ordinance governing NOW, THEREFORE, BE IT ORDAINED BY zoning reclassifications. All such modifications THE CITY COUNCIL OF THE CITY OF must be approved by the City Council of DUBUQUE, IOWA: Dubuque, Iowa. Section 1. That Appendix A (the Zoning D) Recording. A copy of this Agreement shall Ordinance) of the City of Dubuque Code of be recorded with the Dubuque County Recorder Ordinances is hereby amended by reclassifying as a permanent record of the conditions hereinafter described property from R-1 Single accepted as part of this rezoning approval within Family Residential Zoning District to C-1 ten (10) days of the adoption of Ordinance No. Neighborhood Commercial Zoning District, with 75-02. conditions to wit: E) Construction. This Agreement shall be Lot 2 of Lot 2 of E. 2 acres of Lot 1, except the construed and interpreted as though it were part north 60’ x 110’ portion of J.P. Mettel’s of Appendix A of the Code of Ordinances of the Subdivision No. 2, and to the centerline of the City of Dubuque, also known as the Zoning adjoining public right-of-way, all in the City of Ordinance of the City of Dubuque, Iowa. Dubuque, Iowa. F) This Agreement shall be binding upon the Section 2. The foregoing amendment has undersigned and his/her heirs, successor and been heretofore reviewed by the Zoning assignees. Advisory Commission of the City of Dubuque, ACCEPTANCE OF ORDINANCE NO. 75-02 Iowa I, Kathy Spear, property owner, having read Section 3. This Ordinance shall take effect the terms and conditions of the Ordinance No. immediately upon publication as provided by 75-02 and being familiar with the conditions law. thereof, hereby accept this same and agree to Passed, approved and adopted this 16th day the conditions required therein. th of September 2002. Dated in Dubuque, Iowa this 16 day of Terrance M. Duggan, Mayor September 2002. Attest: Jeanne F. Schneider, City Clerk By /s/ Kathy Spear MEMORANDUM OF AGREEMENT Published officially in the Telegraph Herald rd Pursuant to the Iowa Code Section 414.5 newspaper this 23 day of September, 2002. (2001), and as an express condition of rezoning Jeanne F. Schneider, City Clerk of the property described as: 1t 9/23 Lot 2 of Lot 2 of E. 2 acres of Lot 1, except the Michalski moved that the requirement that a north 60’ x 110’ portion of J.P. Mettel’s proposed Ordinance be considered and voted Subdivision No. 2., and to the center line of the on for passage at two Council Meetings prior to adjoining public right-of-way, all in the City of the meeting at which it is to be finally passed be Dubuque, Iowa suspended and further moved final which is the subject of Ordinance No. 75-02, a consideration and passage of the Ordinance. copy of which is attached hereto and Seconded by Cline. Motion carried 7-0. incorporated herein by reference, the undersigned property owners, agree to the The following item was removed from the following conditions, all of which the property Agenda at the request of the applicant: Radford owner further agrees are reasonable and are Road – Request to Rezone: Proof of publication imposed to satisfy public needs which are on notice of hearing to consider rezoning caused directly by the rezoning: property located on Radford Road from C-2 A) Conditions: Neighborhood Shopping Center District to PC Planned Commercial District at the request of 380 Regular Session, September 16, 2002 Patricia Friedman/Radford Road Development Lot 1 of Lot 1 of Tschirgi and Schwind’s and Zoning Advisory Commission Subdivision, and to the centerline of the recommending approval; Communication from adjoining public right-of-way, all in the City of Mary Janice Giesler requesting that sidewalks Dubuque, Iowa. be installed on Radford Road along with the Section 2. The foregoing amendment has proposed rezoning; an Ordinance Amending heretofore been reviewed by the Zoning Appendix A (the Zoning Ordinance) of the City of Advisory Commission of the City of Dubuque, Dubuque Code of Ordinances by reclassifying Iowa. hereinafter described property located on Section 3. This ordinance shall take effect Radford Road from C-2 Neighborhood Shopping immediately upon publication, as provided by Center District to PUD Planned Unit law. Development District with a PC Planned Passed, approved and adopted this 16th day Commercial District designation. of September, 2002. Terrance M. Duggan, Mayor 1875 – 1895 University Avenue – Request to Attest: Jeanne F. Schneider, City Clerk Rezone: Proof of publication on notice of ACCEPTANCE OF ORDINANCE NO. 76-02 hearing to consider rezoning property located at I, Patricia Friedman, representing Lee Manor 1875 – 1895 University Avenue from C-2 Investments, Ltd., property owner, having read Neighborhood Commercial District to C-2 the terms and conditions of the Ordinance No. Neighborhood Shopping Center District at the 76-02 and being familiar with the conditions request of Patricia Friedman/Lee Manor thereof, hereby accept this same and agree to Investments, Ltd and Zoning Advisory the conditions required therein. Commission recommending approval, with Dated in Dubuque, Iowa this 17th day of conditions, presented and read. Buol moved September, 2002. that the proof and communication be received By /s/ Patricia Friedman and filed. Seconded by Nicholson. Motion ACCEPTANCE OF ORDINANCE NO. 76-02 carried 7-0. I, Janet Edwards, representing Lee Manor Investments, Ltd., property owner, having read Patricia Friedman, as applicant, spoke in the terms and conditions of the Ordinance No. support of the Ordinance. 76-02 and being familiar with the conditions thereof, hereby accept this same and agree to An Ordinance Amending Appendix A (the the conditions required therein. Zoning Ordinance) of the City of Dubuque Code Dated in Dubuque, Iowa this 29th day of of Ordinances by reclassifying hereinafter October, 2002. described property located at 1875 – 1895 By /s/ Janet Edwards University Avenue from C-1 Neighborhood Published officially in the Telegraph Herald Commercial District to C-2 Neighborhood newspaper this 7th day of November, 2002. Shopping Center District, with conditions, Jeanne F. Schneider, City Clerk presented and read. 1t 11/7 Buol moved that the requirement that a OFFICIAL PUBLICATION proposed Ordinance be considered and voted ORDINANCE NO. 76-02 on for passage at two Council Meetings prior to AN ORDINANCE AMENDING APPENDIX A the meeting at which it is to be finally passed be (THE ZONING ORDINANCE) OF THE CITY OF suspended and further moved final DUBUQUE CODE OF ORDINANCES BY consideration and passage of the Ordinance. RECLASSIFYING HEREINAFTER DESCRI- Seconded by Nicholson. Motion carried 7-0. BED PROPERTY LOCATED AT 1875-1895 UNIVERSITY AVENUE FROM C-1 Text Amendment – City of Dubuque: Proof of NEIGHBORHOOD COMMERCIAL DISTRICT publication on notice of hearing to consider TO C-2 NEIGHBORHOOD SHOPPING amending Section 5-3.4(c) of the Zoning CENTER, WITH CONDITIONS. Ordinance to eliminate the stipulation in a NOW, THEREFORE, BE IT ORDAINED BY conditional use permit that an applicant has six THE CITY COUNCIL OF THE CITY OF months to obtain a building permit and to begin DUBUQUE, IOWA: construction or an occupancy permit, if required, Section 1. That Appendix A (The Zoning at the request of the City of Dubuque and Ordinance) of the City of Dubuque Code of Zoning Advisory Commission recommending Ordinances is hereby amended by reclassifying approval, presented and read. Buol moved that the hereinafter described property from C-1 the proof and communication be received and Neighborhood Commercial District to C-2 filed. Seconded by Nicholson. Motion carried 7- Neighborhood Shopping Center District, with 0. conditions, to wit: Regular Session, September 16, 2002 381 An Ordinance Amending Section 5-3.4(c) of a request from Michael Schmalz to purchase a the Zoning Ordinance of the City of Dubuque portion of Kimball Street and City Manager Code of Ordinances by extending the period of recommending approval, presented and read. validity for conditional use permits from six Cline moved that the proof and communication months to two years, presented and read. be received and filed. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 77-02 Attorney Brian Kane, representing CR Boats, AN ORDINANCE AMENDING SECTION 5- spoke in favor of this proposal, stating that the 3.4(F) OF THE ZONING ORDINANCE OF THE conditions are acceptable. CITY OF DUBUQUE CODE OF ORDINANCES BY EXTENDING THE PERIOD OF VALIDITY RESOLUTION NO. 486-02 FOR CONDITIONAL USE PERMITS FROM SIX RESOLUTION APPROVING THE FINAL PLAT MONTHS TO TWO YEARS OF EAGLE POINT NO. 2 IN THE CITY OF DUBUQUE, IOWA. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Whereas, there has been filed with the City DUBUQUE, IOWA: Clerk a final plat of Eagle Point No. 2 in the City Section 1. Section 5-3.4(F) of the Zoning of Dubuque, Iowa; and Ordinance of the City of Dubuque Code of Whereas, said plat provides Lots 1, 2, 3 and 4 Ordinances is hereby amended by extending the with 0 feet of lot frontage, where 60 feet of lot period of validity for conditional use permits from frontage is required; and six months to two years. Whereas, said final plat has been examined by Period of Validity (F) : No conditional use permit the Zoning Advisory Commission and had its granted by the board shall be valid for a period approval endorsed thereon; and longer than two (2) years from the date on which Whereas, said final plat has been examined by the board grants the permit, unless within such the City Council and they find that it conforms to two-year period: the statutes and ordinances relating thereto. (1) A building permit is obtained and the NOW, THEREFORE, BE IT RESOLVED BY erection or alteration of a structure is started, or THE CITY COUNCIL OF THE CITY OF (2) An occupancy permit is obtained, if DUBUQUE, IOWA: required, and the use is commenced. Section 1. That Section 42-19(b) of the The board may grant a maximum of one (1) Subdivision Regulations is waived to allow Lots extension not exceeding six (6) months, upon 1, 2, 3 and 4 to have 0 feet of lot frontage where written application, without notice of hearing. 60 feet of lot frontage is required. Section 2. The foregoing amendment has Section 2. That the final plat of Eagle Point No. heretofore been reviewed by the Zoning 2 is hereby approved and the Mayor and City Advisory Commission of the City of Dubuque, Clerk are hereby authorized and directed to Iowa. endorse the approval of the City of Dubuque, Section 3. This ordinance shall take effect Iowa upon said final plat. th immediately upon publication, as provided by Passed, approved and adopted this 16 day of law. September2002. Passed, approved and adopted this 16th day Terrance M. Duggan, Mayor of September 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Cline moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Connors. Motion carried 7-0. Published officially in the Telegraph Herald rd RESOLUTION NO. 487-02 newspaper this 23 day of September, 2002. RESOLUTION DISPOSING OF CITY Jeanne F. Schneider, City Clerk INTEREST IN LOT 31A OF EAGLE POINT, 1t 9/23 LOT 1, LOT 2, AND LOT 3 OF EAGLE POINT Buol moved that the requirement that a NO. 2, DUBUQUE, IOWA proposed Ordinance be considered and voted on for passage at two Council Meetings prior to Whereas, pursuant to resolution and published the meeting at which it is to be finally passed be notice of time and place of hearing, published in suspended and further moved final the Telegraph Herald, a newspaper of general consideration and passage of the Ordinance. circulation published in the City of Dubuque, Seconded by Nicholson. Motion carried 7-0. Iowa on this 6th day of September, 2002, the City Council of the City of Dubuque, Iowa met on Sale of Property Along Rhomberg Avenue / the 16th day of September, 2002, at 6:30 p.m. in Kimball Street: Proof of publication on notice of the Public Library Auditorium, 360 West 11th hearing to consider a request from Clint Street, Dubuque, Dubuque County, Iowa to Johnson, John Duccini, and Michael Schmalz to consider the proposal for the sale of real estate purchase property along Rhomberg Avenue and described as: 382 Regular Session, September 16, 2002 THE CITY OF DUBUQUE, DUBUQUE Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of COUNTY, IOWA Eagle Point No. 2 in the City of Dubuque, Iowa Whereas, the City Council of the City of Whereas, pursuant to resolution and published Dubuque, Iowa overruled any and all objections, notice of time and place of hearing, published in oral or written to the proposal to sell such real the Telegraph Herald, a newspaper of general estate, except for easement as noted. circulation published in the City of Dubuque, th NOW, THEREFORE, BE IT RESOLVED BY Iowa on this 6 day of September, 2002, the THE CITY COUNCIL OF THE CITY OF City Council of the City of Dubuque, Iowa met on th DUBUQUE, IOWA: the 16 day of September, 2002, at 6:30 p.m. in th Section 1. That the sale of City of Dubuque the Public Library Auditorium, 360 West 11 real property described as Lot 1 of Eagle Point Street, Dubuque, Dubuque County, Iowa to No. 2 in the City of Dubuque, Iowa to Clint V. consider the proposal for the sale of real estate Johnson, be and the same is hereby approved described as: for the sum of $5,000.00, plus cost of Lot A of Old Mill Place in the City of Dubuque, publication, platting and filing fees. Conveyance Dubuque County, Iowa shall be by Quit Claim Deed. Whereas, the City Council of the City of Section 2. That the sale of City of Dubuque Dubuque, Iowa overruled any and all objections, real property described as Lot 2 of Eagle Point oral or written to the proposal to sell such real No. 2 in the City of Dubuque, Iowa to John estate, except for easement as noted. Duccini, be and the same is hereby approved for NOW THEREFORE, BE IT RESOLVED BY the sum of $3,850.00, plus cost of publication, THE CITY COUNCIL OF THE CITY OF platting and filing fees. Conveyance shall be by DUBUQUE, IOWA: Quit Claim Deed. Section 1. That the sale of City of Dubuque Section 3. That the sale of City of Dubuque real property described as Lot A of Old Mill real property described as Lot 31A of Eagle Place in the City of Dubuque, Dubuque County, Point and Lot 3 of Eagle Point No. 2 in the City Iowa, to David S. Hartig, Jr. be and the same is of Dubuque, Iowa to Michael and Marlene hereby approved for the sum of $300.00 plus Schmalz, be and the same is hereby approved cost of publication, platting and filing fees. for the sum of $2,450.00, plus cost of Conveyance shall be by Quit Claim Deed. publication, platting and filing fees. Conveyance Section 2. The City of Dubuque reserves unto shall be by Quit Claim Deed. itself a perpetual easement including the right of Section 4. That the Mayor be authorized and ingress and egress thereto, for the purpose of directed to execute a Quit Claim Deed, and the erecting, installing, constructing, reconstructing, City Clerk be and is hereby authorized and repairing, owning, operating, and maintaining directed to deliver said deed of conveyance to water, sewer, drainage, gas, telephone, Clint V. Johnson, John Duccini, and Michael and television cable, fiber optics, and electric lines as Marlene Schmalz upon receipt of the purchase may be authorized by the City of Dubuque, Iowa price in full. as shown on the plat of survey of Lot A and Lot Section 5. That the City Clerk be and is hereby B of Old Mill Place. authorized and directed to record a certified Section 3. That the Mayor be authorized and copy of this resolution in the offices of the City directed to execute a Quit Claim Deed, and the Assessor, Dubuque County Recorder and City Clerk be and is hereby authorized and Dubuque County Auditor. directed to deliver said deed of conveyance to Passed, approved and adopted this 16th day David S. Hartig, Jr. upon receipt of the purchase of September, 2002. price in full. Terrance M. Duggan, Mayor Section 4: That the City Clerk be and is hereby Attest: Jeanne F. Schneider, City Clerk authorized and directed to record a certified Cline moved adoption of the Resolution. copy of this resolution in the offices of the City Seconded by Connors. Motion carried 7-0. Assessor, Dubuque County Recorder and Dubuque County Auditor. th Old Mill Road – Vacating Request: Proof of Passed, approved and adopted this 16 day of publication on notice of hearing to consider a September, 2002. request from David S. Hartig, Jr., for the Terrance M. Duggan, Mayor vacating and sale of a portion of Old Mill Road Attest: Jeanne F. Schneider, City Clerk and City Manager recommending approval, Markham moved adoption of the Resolution. presented and read. Markham moved that the Seconded by Nicholson. Motion carried 7-0. proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Alley Between Iowa Street and Central Avenue – Request to Vacate: Proof of publication on RESOLUTION NO. 488-02 notice of hearing to consider vacating and RESOLUTION DISPOSING OF CITY disposing of the alley between Iowa Street and thth INTEREST IN LOT A OF OLD MILL PLACE IN Central Avenue from 13 Street to 14 Street to Regular Session, September 16, 2002 383 Dubuque Bank and Trust and City Manager recommending approval, presented and read. Proposed Land Use Map: Proof of publication Cline moved that the proof and communication on notice of hearing to consider the City’s be received and filed. Seconded by Nicholson. Proposed Land Use Map and Long Range Motion carried 7-0. Planning Advisory Commission recommending adoption to complete the update of the 1995 RESOLUTION NO. 489-02 Comprehensive Plan, presented and read. RESOLUTION DISPOSING OF CITY INTER- Walt McFadden spoke questioning the EST IN CITY LOT 449A, DUBUQUE, IOWA proposed use of his property. Whereas, pursuant to resolution and published Cline moved that the proof and communication notice of time and place of hearing, published in be received and filed and further to adopt the the Telegraph Herald, a newspaper of general Land Use Map update. Seconded by Buol. circulation published in the City of Dubuque, Motion carried 7-0. th Iowa on this 6 day of September, 2002, the RESOLUTION NO. 489A-02 City Council of the City of Dubuque, Iowa met on th RESOLUTION ADOPTING THE CITY’S the 16 day of September, 2002, at 6:30 p.m. in PROPOSED LAND USE MAP the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to Whereas, the City of Dubuque has updated consider the proposal for the sale of real estate the 1995 Comprehensive Plan; and described as: Whereas, the Long Range Planning Advisory City Lot 449A in the City of Dubuque, Dubuque Commission has undertaken a land use County, Iowa planning process to update the 1995 Future Whereas, the City Council of the City of Land Use Map, a part of the 1995 Dubuque, Iowa overruled any and all objections, Comprehensive Plan; and oral or written to the proposal to sell such real Whereas, the Long Range Planning Advisory estate, except for easement as noted. Commission has completed this planning NOW, THEREFORE, BE IT RESOLVED BY process and now recommends adoption of the THE CITY COUNCIL OF THE CITY OF Proposed Land Use Map to complete the update DUBUQUE, IOWA: of the Comprehensive Plan; and Section 1. That the sale of City of Dubuque Whereas, the Zoning Advisory Commission real property described as City Lot 449A in the has reviewed the Proposed Land Use Map and City of Dubuque, Iowa to Dubuque Bank & Trust found it acceptable as an interim guide for be and the same is hereby approved for the sum rezoning, subdivision and annexation requests; of $8,400.00 plus cost of publication, platting and and filing fees. Conveyance shall be by Quit Whereas, the City Council has reviewed the Claim Deed. Proposed Land Use Map and found it Section 2. The City of Dubuque reserves unto acceptable as an interim guide for rezoning, itself a perpetual easement including the right of subdivision and annexation requests. NOW, THEREFORE, BE IT RESOLVED BY ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, THE CITY COUNCIL OF THE CITY OF repairing, owning, operating, and maintaining DUBUQUE, IOWA: water, sewer, drainage, gas, telephone, Section 1. That the Proposed Land Use Map is television cable, fiber optics, and electric lines as hereby adopted an interim guide for rezoning, may be authorized by the City of Dubuque, Iowa subdivision and annexation requests made to as shown on the Plat of Survey of City Lot 449A. the City of Dubuque. Section 3. That the Mayor be authorized and th Passed, approved and adopted this 16 day of directed to execute a Quit Claim Deed, and the September, 2002. City Clerk be and is hereby authorized and Terrance M. Duggan, Mayor directed to deliver said deed of conveyance to Attest: Jeanne F. Schneider, City Clerk Dubuque Bank & Trust upon receipt of the Cline moved adoption of the Resolution. purchase price in full. Seconded by Buol. Motion carried 7-0. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified Mediacom Franchise Extension: Proof of copy of this resolution in the offices of the City publication on notice of hearing to consider an Assessor, Dubuque County Recorder and additional three-month lease extension of the Dubuque County Auditor. existing Mediacom cable franchise and City th Passed, approved and adopted this 16 day of Manager recommending approval, presented September, 2002. and read. Buol moved that the proof and Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Nicholson. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 384 Regular Session, September 16, 2002 An Ordinance Extending the term of the $2,171,905.67, presented and read. Cline existing Cable Franchise Agreement and Hub moved that the proof and communication be Site Lease of MCCIowa, LLC to December 31, received and filed and recommendation 2002, presented and read. approved. Seconded by Michalski. Motion carried 7-0. OFFICIAL PUBLICATION RESOLUTION NO. 490-02 ORDINANCE NO. 78-02 RESOLUTION ADOPTING AN ORDINANCE EXTENDING THE TERM OF PLANS AND SPECIFICATIONS st THE EXISTING CABLE FRANCHISE Whereas, on the 1 day of August, 2002, AGREEMENT AND HUB SITE LEASE OF plans, specifications, form of contract and MCCIOWA, L.L.C. TO DECEMBER 31, 2002 estimated cost were filed with the City Clerk of Whereas, MCCIowa, L.L.C. (Mediacom) is the Dubuque, Iowa for the Ice Harbor West Road current holder of a cable services franchise, and Trail Project. embodied in Ordinance No. 42-81, as modified Whereas, notice of hearing on plans, by a series of waivers and side agreements, and specifications, form of contract, and estimated acquired from TCI of Iowa, Inc. via a transfer cost was published as required by law. approved by the Dubuque City Council on June NOW THEREFORE, BE IT RESOLVED BY 18, 2001; and THE CITY COUNCIL OF THE CITY OF Whereas, one of the side agreements is a DUBUQUE, IOWA: lease to Mediacom to build and maintain a That the said plans, specifications, form of network hub on City-owned property located at contract and estimated cost are hereby 1585 West Third Street in Dubuque; and approved as the plans, specifications, form of Whereas, the terms of the franchise and of the contract and estimated cost for said lease will expire September 30, 2002; and improvements for said project. th Whereas, representatives of the City of Passed, adopted and approved this 16 day of Dubuque and of Mediacom have entered into September, 2002. good faith negotiation of terms and conditions Terrance M. Duggan, Mayor for the renewal of the franchise and the lease. Attest: Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT ORDAINED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0. DUBUQUE, IOWA: RESOLUTION NO. 491-02 Section 1. The term of the cable services AWARDING CONTRACT franchise and the term of the lease are hereby extended to December 31, 2002, with all the Whereas, sealed proposals have been rights, privileges and responsibilities submitted by contractors for the Ice Harbor West appertaining thereunto; and Road and Trail Project pursuant to Resolution Section 2. The City Manager is hereby No. 415-02 and notice to bidders published in a authorized to sign and administer the extension newspaper published in the City of Dubuque, th agreement on behalf of the City of Dubuque. Iowa on the 16 day of August, 2002. Passed, approved and adopted this 16th day Whereas, said sealed proposals were opened th of September, 2002. and read on the 10 day of September, 2002, Terrance M. Duggan, Mayor and it has been determined that the bid of Attest: Jeanne F. Schneider, City Clerk Tschiggfrie Excavating Co. of Dubuque, Iowa, in Published officially in the Telegraph Herald the amount of $2,447,166.67 was the lowest bid rd newspaper this 23 day of September, 2002. for the furnishings of all labor and materials and Jeanne F. Schneider, City Clerk performing the work as provided for in the plans 1t 9/23 and specifications. Buol moved that the requirement that a NOW THEREFORE, BE IT RESOLVED BY proposed Ordinance be considered and voted THE CITY COUNCIL OF THE CITY OF on for passage at two Council Meetings prior to DUBUQUE, IOWA: the meeting at which it is to be finally passed be That the contract for the above improvement suspended and further moved final be awarded to Tschiggfrie Excavating Co. and consideration and passage of the Ordinance. the Manager be and is hereby directed to Seconded by Nicholson. Motion carried 7-0. execute a contract on behalf of the City of Dubuque for the complete performance of the Ice Harbor West Road and Trail Project: work. Proofs of publication on notice of hearing on BE IT FURTHER RESOLVED: plans and specifications and notice to bidders on That upon the signing of said contract and the the receipt of bids, and City Manager approval of the contractor’s bond, the City recommending award of the contract for the Ice Treasurer is authorized and instructed to return Harbor West Road and Trail Project to the bid deposits of the unsuccessful bidders. Tschiggfrie Excavating in the amount of Regular Session, September 16, 2002 385 th Passed, approved and adopted this 16 day of $119,929 was the lowest bid for the furnishings September, 2002. of all labor and materials and performing the Terrance M. Duggan, Mayor work as provided for in the plans and Attest: Jeanne F. Schneider, CMC, City Clerk specifications. Cline moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Michalski. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Five Flags Theater Projects – Roof Replace-That the contract for the above improvement ment, Paint Exterior Façade and Replace Front be awarded to KLAUER CONSTRUCTION Doors. Proofs of publication on notice of COMPANY, and the Manager be and is hereby hearing on plans and specifications and notice directed to execute a contract on behalf of the to bidders on the receipt of bids, and City City of Dubuque for the complete performance Manager recommending award of the contract of the work. for the Five Flags Theater - Roof Replacement, BE IT FURTHER RESOLVED: Paint Exterior Façade, and Front Door That upon the signing of said contract and the Replacement Project to Klauer Construction approval of the contractor's bond, the City Company (Roof Replacement and Replace Treasurer is authorized and instructed to return Front Doors) and to Fred Jackson Tuckpointing the bid deposits of the unsuccessful bidders. (Paint Exterior Façade), presented and read. Passed, approved and adopted this 16th day Cline moved that the proofs and communication of September, 2002. be received and filed. Seconded by Nicholson. Terrance M. Duggan, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 492-02 Seconded by Nicholson. Motion carried 7-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONSRESOLUTION NO. 494-02 RESOLUTION ADOPTING WHEREAS, on the 19th day of August, 2002, PLANS AND SPECIFICATIONS plans, specifications, form of contract and estimated cost were filed with the City Clerk of WHEREAS, on the 19th day of August, 2002, Dubuque, Iowa for the FIVE FLAGS THEATER plans, specifications, form of contract and ROOF REPLACEMENT PROJECT. estimated cost were filed with the City Clerk of WHEREAS, notice of hearing on plans, Dubuque, Iowa for the Five Flags Theater Paint specifications, form of contract, and estimated Exterior Facade Project. cost was published as required by law. WHEREAS, notice of hearing on plans, NOW THEREFORE, BE IT RESOLVED BY specifications, form of contract, and estimated THE CITY COUNCIL OF THE CITY OF cost was published as required by law. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY That the said plans, specifications, form of THE CITY COUNCIL OF THE CITY OF contract and estimated cost are hereby DUBUQUE, IOWA: approved as the plans, specifications, form of That the said plans, specifications, form of contract and estimated cost for said contract and estimated cost are hereby improvements for said project. approved as the plans, specifications, form of Passed, approved and adopted this 16th day contract and estimated cost for said of September, 2002. improvements for said project. Terrance M. Duggan, Mayor Passed, approved and adopted this 16th day Attest: Jeanne F. Schneider, City Clerk of September, 2002. Cline moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 493-02 Seconded by Nicholson. Motion carried 7-0. AWARDING CONTRACT RESOLUTION NO. 495-02 WHEREAS, sealed proposals have been AWARDING CONTRACT submitted by contractors for the Five Flags Theater Roof Replacement Project pursuant to WHEREAS, sealed proposals have been Resolution No. 430-02, and notice to bidders submitted by contractors for the Five Flags published in a newspaper published in the City Theater Paint Exterior Facade Project, pursuant of Dubuque, Iowa, on the 6th day of September, to Resolution No. 433-02, and notice to bidders 2002. published in a newspaper published in the City WHEREAS, said sealed proposals were of Dubuque, Iowa, on the 6th day of September, opened and read on the 5th day of September, 2002. 2002, and it has been determined that the bid of WHEREAS, said sealed proposals were Klauer Construction Company in the amount of opened and read on the 5th day of September, 386 Regular Session, September 16, 2002 2002, and it has been determined that the bid of WHEREAS, said sealed proposals were Fred Jackson Tuckpointing in the amount of opened and read on the 5th day of September, $38,300 was the lowest bid for the furnishings of 2002, and it has been determined that the bid of all labor and materials and performing the work Klauer Construction Company in the amount of as provided for in the plans and specifications. $26,870 was the lowest bid for the furnishings of NOW THEREFORE, BE IT RESOLVED BY all labor and materials and performing the work THE CITY COUNCIL OF THE CITY OF as provided for in the plans and specifications. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY That the contract for the above improvement THE CITY COUNCIL OF THE CITY OF be awarded to Fred Jackson Tuckpointing, and DUBUQUE, IOWA: the Manager be and is hereby directed to That the contract for the above improvement execute a contract on behalf of the City of be awarded to KLAUER CONSTRUCTION Dubuque for the complete performance of the COMPANY, and the Manager be and is hereby work. directed to execute a contract on behalf of the BE IT FURTHER RESOLVED: City of Dubuque for the complete performance That upon the signing of said contract and the of the work. approval of the contractor's bond, the City BE IT FURTHER RESOLVED: Treasurer is authorized and instructed to return That upon the signing of said contract and the the bid deposits of the unsuccessful bidders. approval of the contractor's bond, the City Passed, approved and adopted this 16th day Treasurer is authorized and instructed to return of September, 2002. the bid deposits of the unsuccessful bidders. Terrance M. Duggan, Mayor Passed, approved and adopted this 16th day Attest: Jeanne F. Schneider, City Clerk of September, 2002. Cline moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. RESOLUTION NO. 496-02 Seconded by Nicholson. Motion carried 7-0. RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Michalski moved that the rules be reinstated WHEREAS, on the 19th day of August, 2002, limiting discussion to the Council. Seconded by plans, specifications, form of contract and Markham. Motion carried 7-0. estimated cost were filed with the City Clerk of Dubuque, Iowa for the Five Flags Theater ACTION ITEMS Replace Front Doors Project. WHEREAS, notice of hearing on plans, Faces and Voices, a Cultural Celebration: specifications, form of contract, and estimated Request of Judy Giesen to address the Council cost was published as required by law. to announce the One Book One Dubuque NOW THEREFORE, BE IT RESOLVED BY initiative, an all-city “book club,” presented and THE CITY COUNCIL OF THE CITY OF read. DUBUQUE, IOWA: Judy Giesen, 1600 Lori Ct., spoke inviting all That the said plans, specifications, form of residents of Dubuque to read the same book “To contract and estimated cost are hereby Kill A Mockingbird” and participate in the approved as the plans, specifications, form of scheduled discussions at the Library. contract and estimated cost for said Nicholson moved that the communication be improvements for said project. received and filed. Seconded by Buol. Motion Passed, approved and adopted this 16th day carried 7-0. of September, 2002. Terrance M. Duggan, Mayor Ed Tschiggfrie: Request of Ed Tschiggfrie to Attest: Jeanne F. Schneider, City Clerk address the Council regarding an access Cline moved adoption of the Resolution. situation at the Tower Investment Subdivision, Seconded by Nicholson. Motion carried 7-0. presented and read. Nicholson moved that the communication be received and filed and RESOLUTION NO. 497-02 referred to the City Manager. Seconded by AWARDING CONTRACT Michalski. Motion carried 7-0. WHEREAS, sealed proposals have been Mr. Tschiggfrie spoke giving the history of the submitted by contractors for the Five Flags acquisition of Tower Subdivision and explained Theater Replace Front Doors Project pursuant that when he purchased the property there were to Resolution No. 436-02, and notice to bidders two access roads. The City Council approved a published in a newspaper published in the City final plat for Jaeger Heights Subdivision which of Dubuque, Iowa, on the 6th day of September, subsequently caused the removal of one of the 2002. access roads to his development. Council Member Nicholson commented that when a final Regular Session, September 16, 2002 387 plat approval impacts an area, the adjoining Standards of Review to include design property owners should be notified of the action. guidelines for the historic districts; by amending Section 25-8 Alteration of Landmarks, Landmark John F. Kennedy Road – Removal of “No Sites, and Historic Structures in the Historic Parking” Restriction (First Reading on Districts to include site plan approval, presented September 3, 2002): City Manager and read. recommending that the current parking OFFICIAL PUBLICATION restriction on John F. Kennedy Road be ORDINANCE NO. 79-02 amended to allow parking from 230 feet north of AN ORDINANCE AMENDING CHAPTER 25 Spring Valley Road to 360 feet south of the (HISTORIC PRESERVATION ORDINANCE) Northwest Arterial, presented and read. Buol OF THE CITY OF DUBUQUE CODE OF moved that the communication be received and ORDINANCES BY AMENDING SECTION 25- filed. Seconded by Markham. Carried by the 10 STANDARDS OF REVIEW TO INCLUDE following vote: Yeas—Buol, Cline, Connors, DESIGN GUIDELINES FOR THE HISTORIC Duggan, Markham. Nays—Michalski, DISTRICTS; BY AMENDING SECTION 25-8 Nicholson. ALTERATION OF LANDMARKS, LANDMARK SITES, AND HISTORIC STRUCTURES IN THE An Ordinance Amending Section 32-262 (d) of HISTORIC DISTRICTS TO INCLUDE SITE the City of Dubuque Code of Ordinances, PLAN APPROVAL prohibiting parking on designated streets or portions thereof by deleting portions of John F. Whereas, the Historic Preservation Kennedy Road, presented and read. Buol Commission has recommended amendments to moved that this be the second reading of the Chapter 25 (Historic Preservation Ordinance) of Ordinance. Seconded by Markham. Carried by the Code of Ordinances of the City of Dubuque; the following vote: Yeas--Buol, Cline, Connors, and Duggan, Markham. Nays—Michalski, Nicholson. Whereas, the City Council finds that the Dubuque County’s Proposed Land recommended amendments to the Historic Development Plan and Map (Tabled from Preservation Ordinance are consistent with the September 3, 2002): goals and objectives of the Comprehensive Plan Michalski moved that the following item be and the purpose and intent of the Historic removed from the table. Seconded by Cline. Preservation Ordinance. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY Long Range Planning Commission submitting THE CITY COUNCIL OF THE CITY OF comments on Dubuque County’s proposed land DUBUQUE, IOWA: development plan and map and requesting City Section 1. The Historic Preservation Council approval of the Commission’s Ordinance (Chapter 25) of the City of Dubuque recommendations, presented and read. Code of Ordinances is hereby amended by Anna O’Shea, Zoning Administrator for the adding the Design Review Guidelines as a County, spoke clarifying Council concerns of Standard of Review to Section 25-10 as follows: urban sprawl. Section 25-10 Standards of Review. Nicholson moved that the communication be (c) The commission shall also be guided by the Architectural Guidelines for Historic Structures in received and filed and approve the the Historic Districts of the City of Dubuque, recommendations of the Long Range Planning Iowa; Streetscape and Landscape Commission. Carried by the following vote: the Guidelines for the Historic Districts of the City of Yeas—Connors, Markham, Michalski, Dubuque, Iowa; Nicholson, Buol, Cline. Nays—Duggan. and any design standards specified in the ordinance or amendment Historic Preservation Ordinance: Historic designating the landmark, landmark site or Preservation Commission recommending historic district. approval of amendments to the Historic Section 2. The Historic Preservation Preservation Ordinance to officially incorporate Ordinance (Chapter 25) of the City of Dubuque the recently adopted Design Guidelines in the Code of Ordinances is hereby amended by design review process and to add approval of adding site plan approval to the design review site plans in historic districts and at landmark process in Section 25-8 as follows: sites to the design review process, presented Section 25-8 Alteration of landmarks, landmark and read. Buol moved that the communication sites or structures in historic districts; be received and filed. Seconded by Nicholson. determination of no material effect; certificate of Motion carried 7-0. appropriateness; review of preservation alternatives; certificate of economic non-viability. An Ordinance Amending Chapter 25 (Historic (A) After designation of a landmark, landmark Preservation Ordinance) of the City of Dubuque site or historic district by the city council, any Code of Ordinances by amending Section 25-10 proposed alteration or activity which will affect a 388 Regular Session, September 16, 2002 landmark, landmark site or structure or site obtain a regulated permit or site plan approval within any historic district, and for which a and to proceed with the proposed alteration or regulated permit or site plan approval is activity. Disapprove the proposed project; review of required, shall be reviewed by the historic (3) preservation alternatives; certificate of preservation commission; however, nothing in appropriateness. this chapter shall be construed to prevent ordinary maintenance or repair of any landmark, a. The commission shall issue a certificate of landmark site or structure or site within a historic appropriateness, upon application for and after district where such maintenance or repair does conducting a review of preservation alternatives, not involve a material change of appearance it finds: which necessitates issuance of a regulated 1. That the property owner or the property permit or site plan approval as herein defined. owner's representative has established that the (B) No regulated permit or site plan approval preservation alternatives for the proposed may be issued prior to review by the alteration or activity comply with the standards commission. for review set forth by this chapter and regulated (C) Upon review, the commission shall have the by the commission, and conform to the purpose authority to take the following actions: and intent of this chapter; and Authorize the proposed project, (1) 2. That creating, changing, destroying or determination of no material effect. affecting the exterior architectural features of the a. If an application submitted to the commission structure, improvement or site upon which the demonstrates compliance with the "Secretary of work is to be done will not have a substantial Interior's Standards and Guidelines for adverse effect on the aesthetic, historic or Archaeology and Historic Preservation”, the architectural significance and value of either the Secretary of Interior's “Standards and Guidelines property itself or of the neighboring for the Treatment of Historic Properties”, and the improvements in a district. "Secretary of the Interior's Standards for b. The issuance of a certificate of Rehabilitation and Guidelines for Rehabilitating appropriateness after a review of preservation Historic Buildings," codified as 36 CFR 68, as alternatives shall enable the applicant to obtain amended, as established by this chapter and, a regulated permit or site plan approval and to pursuant to the bylaws adopted by the proceed with the proposed alteration or activity. Disapprove the proposed project; certificate commission, a determination may be made that (4) of economic non-viability. such work or activity would: The commission shall 1. Not result in a material change in issue a certificate of economic non-viability, appearance; or upon application or upon its own motion, if: 2. Not be visible from the public way. a. A review of preservation alternatives has b. The city manager or city manager's been conducted and a certificate of designee shall make such determination and appropriateness has been denied; and may issue a determination of no material effect, b. The commission determines that which shall authorize the proposed work or disapproval of the proposed work or activity activity to proceed without a public meeting of would prevent the property owner from earning the commission. any reasonable economic return from the Approve the proposed project; certificate of (2) property. In considering whether the property appropriateness. has been prevented from earning any a. The commission shall issue a certificate of reasonable economic return, the commission appropriateness if, upon application and after shall deny the certificate of non-viability where conducting a review of the application, it finds: the inability to earn any reasonable economic 1. That the property owner or the property return has been created by the property owners’ owner's representative has established that the conduct including, but not limited to, neglect of proposed alteration or activity complies with the maintenance or absence of bona fide attempts standards for review set forth by this chapter to earn a reasonable economic return. and regulated by the commission and conforms (D) The building official, city engineer or other to the purpose and intent of this chapter; and local authorities shall not issue a regulated 2. That creating, changing, destroying or permit or site plan approval until there has been affecting the exterior architectural features of the a determination of no material effect or a structure, improvement or site upon which the certificate of appropriateness or a certificate of work is to be done will not have a substantial economic non-viability issued. adverse effect on the aesthetic, historic or (E) The transfer of a determination of no architectural significance and value of either the material effect, certificate of appropriateness or property itself or of the neighboring certificate of economic non-viability from one improvements in a district. structure, improvement or site to another b. The issuance of a certificate of structure, improvement or site or from one appropriateness shall enable the applicant to person to another is prohibited. Regular Session, September 16, 2002 389 (F) Each determination of no material effect, RESOLUTION NO. 498-02 certificate of appropriateness or certificate of RESOLUTION AUTHORIZING CERTAIN economic non-viability issued under the DESIGNATED AGENTS OF THE CITY OF provisions of this article shall expire and become DUBUQUE LIMITED AUTHORIZATION TO null and void if the alteration, construction, EXECUTE CHECKS ON BEHALF OF THE repair, removal, demolition or excavation for CITY OF DUBUQUE, IOWAQUE, IOWA which the determination of no material effect, certificate of appropriateness or certificate of Whereas, the City of Dubuque desires to enter economic non-viability was issued is not initiated into an agreement with American Trust and within one (1) year of its issuance. Savings Bank of Dubuque, Iowa, as Custodian Section 3. That the foregoing has heretofore to undertake the duties and responsibilities set been reviewed by the Historic Preservation forth in the attached Custodian Agreement and Commission of the City of Dubuque, Iowa. related documents for the assets to be managed Section 4. This ordinance shall take effect by an additional City of Dubuque Investment immediately upon publication. Advisor; and Passed, approved and adopted this 16th day Whereas, the City of Dubuque desires to enter of September 2002. into a separate agreement with an additional Terrance M. Duggan, Mayor Investment Advisor, namely First Community Attest: Jeanne F. Schneider, City Clerk Trust (FCT) to provide investment advisory Published officially in the Telegraph Herald services as set forth in the attached Investment rd newspaper this 23 day of September, 2002. Advisor Agreement and related documents. Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT RESOLVED BY 1t 9/23 THE CITY COUNCIL OF THE CITY OF Buol moved that the requirement that a DUBUQUE, IOWA: proposed Ordinance be considered and voted Section 1. That the City Manager is hereby on for passage at two Council Meetings prior to authorized and directed to enter into said the meeting at which it is to be finally passed be agreements by and between the City of suspended and further moved final Dubuque, Iowa, and American Trust and consideration and passage of the Ordinance. Savings Bank providing for custodian services Seconded by Nicholson. Motion carried 7-0. for the assets managed by an additional City of Dubuque Investment Advisor, namely, First Demolition District Ordinance: Historic Community Trust (FCT); and Preservation Commission recommending Section 2. That the City Manager is hereby approval of amendments to the Demolition authorized and directed to enter into said District Ordinance to expand the downtown agreement attached hereto and made a part demolition district and establish three new hereof by and between the City of Dubuque, demolition districts and an Ordinance Amending Iowa, and First Community Trust (FCT) Chapter 11 (Building Regulations) of the City of providing for investment advisor services for the Dubuque Code of Ordinances by amending City’s “non-operating” funds as defined and Section 11-4(a) by expanding the Downtown restricted in the attached Investment Advisor Neighborhood District and creating three new Agreement. th demolition districts, presented and read. Buol Passed, approved and adopted this 16 day of moved that the requirement that a proposed September, 2002. Ordinance be considered and voted on for Terrance M. Duggan, Mayor passage at two Council Meetings prior to the Attest: Jeanne F. Schneider, City Clerk meeting at which it is to be finally passed be Markham moved adoption of the Resolution. suspended and further moved final Seconded by Nicholson. Motion carried 7-0. consideration and passage of the Ordinance. Seconded by Nicholson. No vote taken on this Naming Focus Group – Education and motion. Michalski then moved to table action Conference Center: City Manager requesting on this matter. Seconded by Buol. Carried by that the Council appoint two representatives, in the following vote: Yeas—Connors, Markham, addition to the Mayor, to serve on the naming Michalski, Nicholson, Buol. Nays—Duggan, focus group for the Education and Conference Cline. Center, presented and read. Cline moved that the communication be received and filed and Investment Advisor: City Manager appointed Council Members Cline and Markham recommending approval of an additional to serve. Seconded by Michalski. Motion Investment Advisor, First Community Trust, for carried 7-0. City of Dubuque funds, presented and read. Markham moved that the communication be Brewery Amphitheater – Naming Opportunity: received and filed. Seconded by Nicholson. City Manager recommending approval of a Motion carried 7-0. request to name the amphitheater in front of the 390 Regular Session, September 16, 2002 Brewery the Alliant Energy Amphitheater; Passed, approved and adopted this 16th day Communication from Alliant Energy requesting of September, 2002. that the amphitheater be named the “Alliant Terrance M. Duggan, Mayor Energy Amphitheater” with a plaque indicating Attest: Jeanne F. Schneider, City Clerk that the project was in honor of Wayne Published officially in the Telegraph Herald Stoppelmoor, former President and Chairman of newspaper this 23rd day of September, 2002. Interstate Power Company and communication Jeanne F. Schneider, City Clerk from Jerry Enzler, Dubuque County Historical 1t 9/23 Society, in support of the naming of the Alliant Buol moved that the requirement that a Energy Amphitheater, presented and read. proposed Ordinance be considered and voted Buol moved that the communications be on for passage at two Council Meetings prior to received and filed and approved the meeting at which it is to be finally passed be recommendation. Seconded by Cline. Motion suspended and further moved final carried 7-0. consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Code of Ordinances – Meeting Procedure: City Manager recommending approval of an ITEMS TO BE SET FOR PUBLIC HEARING amendment to the Code of Ordinances to change the order of business and agenda of City Shady Oaks Storm Sewer – Request to Council meetings, presented and read. Buol Vacate: City Manager recommending that a moved that the communication be received and public hearing be set for October 7, 2002 to filed. Seconded by Michalski. Motion carried 7-consider a request from Ed Tschiggfrie to vacate 0. a twenty foot wide storm sewer easement over Lot 36 of Shady Oaks, presented and read. An Ordinance No. 80-02 Amending Section 2-Michalski moved that the communication be 40 Order of Business and Agenda of the City of received and filed. Seconded by Cline. Motion Dubuque Code of Ordinances, presented and carried 7-0. read. RESOLUTION NO. 499-02 OFFICIAL PUBLICATION RESOLUTION OF INTENT TO DISPOSE OF ORDINANCE NO. 80-02 INTEREST AND VACATE STORM SEWER AMENDING SECTION 2-40 ORDER OF EASEMENT OVER LOT 36 OF SHADY OAKS BUSINESS AND AGENDA OF THE CITY OF SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE CODE OF ORDINANCESDUBUQUE COUNTY, IOWA NOW, THEREFORE, BE IT ORDAINED BY Whereas, Michael D. Steele is the current THE CITY COUNCIL OF THE CITY OF owner of Lot 36 of Shady Oaks Subdivision; and DUBUQUE, IOWA: Whereas, a 20-foot wide storm sewer Section 1. Sec. 2-40 of the City of Dubuque easement is currently platted on said lot; and Code of Ordinances is amended to read as Whereas, Michael D. Steele has petitioned to follows vacate the easement in said lot. Sec. 2-40. Agenda and Order Of Business: NOW, THEREFORE, BE IT RESOLVED BY (a) Agenda: The order of business of each THE CITY COUNCIL OF THE CITY OF regular meeting shall be as contained in the DUBUQUE, IOWA: agenda prepared by the City Clerk. The agenda Section 1. That the City of Dubuque intends to shall be a listing by topic of subjects to be dispose of its interest and vacate a 20-foot wide considered by the City Council. storm sewer easement over Lot 36 of Shady (b) Order Of Business: The general rule as to Oaks Subdivision in the City of Dubuque, as the order of business in regular meetings shall showed on the attached Exhibit A. be as follows: Section 2. That the City Clerk be and is hereby (1) Reading of the call. authorized and directed to cause a notice of (2) Roll call. intent to be published as prescribed under (3) Proclamations. Section 364.7 Code of Iowa, 1999 or amended. th (4) Consent items; business licenses. Passed, approved and adopted this 16 day of (5) Items to be set for public hearing. September, 2002. (6) Appointments to boards and commissions. Terrance M. Duggan, Mayor (7) Public hearings. Attest: Jeanne F. Schneider, City Clerk (8) Action items. Michalski moved adoption of the Resolution (9) Public input. and further set this for public hearing on 10/7/02 (10) Adjournment. at a meeting to commence at 6:30 P.M. in the Section 2. This ordinance shall take effect Public Library Auditorium and that the City Clerk upon publication. publish notice in the manner prescribed by law. Seconded by Cline. Motion carried 7-0. Regular Session, September 16, 2002 391 payment of $1.00, plus platting, publication and Tiffany Ridge – Sale of Property: City Manager filing fees. recommending that a public hearing be set for Section 6. That the conveyance of Lot 5 of October 7, 2002 to consider the sale of a portion Block 4 of Tiffany Ridge in the City of Dubuque, of City-owned property on Tiffany Ridge to the Iowa, to Keith Jeschke be contingent upon the abutting property owners, presented and read. payment of $1.00, plus platting, publication and Michalski moved that the communication be filing fees. received and filed. Seconded by Cline. Motion Section 7. That the conveyance of Lot 6 of carried 7-0. Block 4 of Tiffany Ridge in the City of Dubuque, Iowa, to Ray Herzog be contingent upon the RESOLUTION NO. 500-02 payment of $1.00, plus platting, publication and RESOLUTION OF INTENT TO DISPOSE OF filing fees. CITY INTEREST IN LOT 1, LOT 2, LOT 3, LOT Section 8. That the conveyance of Lot 7 of 4, LOT 5, LOT 6, LOT 7, AND LOT 8 OF Block 4 of Tiffany Ridge in the City of Dubuque, BLOCK 4 OF TIFFANY RIDGE, DUBUQUE, Iowa, to Darrell Deutmeyer be contingent upon IOWA the payment of $1.00, plus platting, publication Whereas, Merlin Langkamp, Jeffrey and Jayne and filing fees. Duve, George Coe, Mary Geisler, Keith Section 9. That the conveyance of Lot 8 of Jeschke, Ray Herzog, Darrell Deutmeyer, and Block 4 of Tiffany Ridge in the City of Dubuque, Jeffrey and Jayne Duve have requested the Iowa, to Jeffrey and Jayne Duve be contingent vacating and purchase of City property; and upon the payment of $1.00, plus platting, Whereas, IIW Engineers & Surveyors, PC has publication and filing fees. prepared and submitted to the City Council a Section 10. That the City Clerk be and is plat showing the unused land and assigned lot hereby authorized and directed to cause a numbers thereto, which hereinafter shall be notice of intent to dispose of said real estate to known and described as Lot 1, Lot 2, Lot 3, Lot be published in the manner as prescribed by 4, Lot 5, Lot 6, Lot 7, and Lot 8 of Block 4 of law. Tiffany Ridge, in the City of Dubuque, Iowa; and Passed, approved and adopted this 16th day Whereas, the City Council of the City of of September, 2002. Dubuque, Iowa has determined that these Terrance M. Duggan, Mayor parcels are no longer required for public use, Attest: Jeanne F. Schneider, City Clerk and vacating and sale of said lands known as Michalski moved adoption of the Resolution Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7, and and further set this for public hearing on 10/7/02 Lot 8 of Block 4 of Tiffany Ridge in the City of at a meeting to commence at 6:30 P.M. in the Dubuque, Dubuque County, Iowa should be Public Library Auditorium and that the City Clerk approved. publish notice in the manner prescribed by law. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ConAgra, Inc. Lease and Real Estate Section 1. That the City of Dubuque intends to Purchase: City Manager recommending that the dispose of its interest in Lot 1, Lot 2, Lot 3, Lot 4, City execute a Real Estate Purchase Agreement Lot 5, Lot 6, Lot 7, and Lot 8 of Block 4 of Tiffany with ConAgra, Inc. for property on the Fourth Ridge in the City of Dubuque, Iowa. Street Peninsula and that a public hearing be set Section 2. That the conveyance of Lot 1 of for October 7, 2002 to consider a lease Block 4 of Tiffany Ridge in the City of Dubuque, agreement with ConAgra for property on the Iowa, to Merlin Langkamp be contingent upon Twelfth Street Extension, presented and read. the payment of $1.00, plus platting, publication Michalski moved that the communication be and filing fees. received and filed. Seconded by Cline. Motion Section 3. That the conveyance of Lot 2 of carried 7-0. Block 4 of Tiffany Ridge in the City of Dubuque, RESOLUTION NO. 501-02 Iowa, to Jeffrey and Jayne Duve be contingent RESOLUTION OF INTENT TO DISPOSE OF upon the payment of $1.00, plus platting, AN INTEREST IN REAL PROPERTY BY publication and filing fees. LEASE AGREEMENT WITH CONAGRA Section 4. That the conveyance of Lot 3 of FOODS, INC. d/b/a PEAVEY COMPANY Block 4 of Tiffany Ridge in the City of Dubuque, Iowa, to George Coe be contingent upon the WHEREAS, the City of Dubuque, Iowa (City) payment of $1.00, plus platting, publication and and ConAgra Foods, Inc. d/b/a Peavey filing fees. Company (Peavey) have entered into a Section 5. That the conveyance of Lot 4 of purchase agreement pursuant to which City will Block 4 of Tiffany Ridge in the City of Dubuque, purchase from Peavey certain real estate; and Iowa, to Mary Geisler be contingent upon the WHEREAS, the purchase agreement includes as a condition of the purchase of the property a 392 Regular Session, September 16, 2002 proposed Lease Agreement, a copy of which is Passed, approved and adopted this 16th day attached hereto, pursuant to which City will of September, 2002. lease to Peavey the following described real Terrance M. Duggan, Mayor property upon the terms and conditions set forth Attest: Jeanne F. Schneider, City Clerk therein; Michalski moved adoption of the Resolution Lot 9, Block 4, River Front Subdivision # 2, setting the Public Hearing for 10/7/02 at a Dubuque, Iowa; and meeting to commence at 6:30 P.M. in the Public WHEREAS, the City Council has tentatively Library Auditorium and that the City Clerk determined that it would be in the best interests of publish notice in the manner prescribed by law.. the City to enter into the Lease Agreement. Seconded by Cline. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Grandview Avenue United Methodist Church – DUBUQUE, IOWA: Voluntary Annexation Request: City Manager Section 1. The City of Dubuque intends to recommending that a public hearing be set for dispose of its interest in the foregoing-described October 21, 2002 to consider a voluntary real property by Lease Agreement, a copy of annexation request of Grandview Avenue United which is attached hereto. Methodist Church, presented and read. Section 2. The City Clerk is hereby authorized Michalski moved that the communication be and directed to cause this Resolution and a notice received and filed and further set this for public to be published as prescribed by Iowa Code hearing on 10/21/02 at a meeting to commence Section 364.7 of a public hearing on the City's at 6:30 P.M. in the Public Library Auditorium and intent to dispose of the foregoing-described real that the City Clerk publish notice in the manner property, to be held on the 7th day of October, prescribed by law. Seconded by Cline. Motion 2002, at 6:30 o'clock p.m. at the Public Library carried 7-0. Auditorium, 11th & Locust, Dubuque, Iowa. th Passed, approved and adopted this 16 day of Northwest Arterial Watermain Extension September, 2002. Project – Initiate: City Manager recommending Terrance M. Duggan, Mayor initiation of the bidding process for the Attest: Jeanne F. Schneider, City Clerk Northwest Arterial Watermain Extension Project Michalski moved adoption of the Resolution and that a public hearing on the plans and and further set this for public hearing on 10/7/02 specifications be set for October 21, 2002, at a meeting to commence at 6:30 P.M. in the presented and read. Michalski moved that the Public Library Auditorium and that the City Clerk communication be received and filed. Seconded publish notice in the manner prescribed by law. by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 503-02 PRELIMINARY APPROVAL OF Fiscal Year 2003 Budget Amendment: City PLANS AND SPECIFICATIONS Manager recommending that a public hearing be set for October 7, 2002 to consider the first Whereas, the proposed plans, specifications amendment to the Fiscal Year 2003 budget, and form of contract for the installation of presented and read. Michalski moved that the approximately 17,140 feet of 16 inch ductile iron communication be received and filed. Seconded watermain along the Northwest Arterial and by Cline. Motion carried 7-0. approximately 1,400 feet of 12-inch ductile iron watermain along Pennsylvania Avenue in the RESOLUTION NO. 502-02 estimated amount of $1,118,070.00 dollars have RESOLUTION DIRECTING THE CITY CLERK been prepared by Veenstra & Kimm, Inc. of TO PUBLISH PROPOSED AMENDMENT TO West Des Moines, Iowa. THE FISCAL YEAR 2003 BUDGET AND DATE NOW THEREFORE, BE IT RESOLVED BY OF PUBLIC HEARING THE CITY COUNCIL OF THE CITY OF Whereas, it is proposed that the City of DUBUQUE, IOWA: Dubuque amend its Fiscal Year 2003 budget; Section 1. The proposed plans, specifications and and form of contract are approved and ordered Whereas, Section 384.16 of the Code of Iowa filed in the office of the City Clerk for public stipulates that a public hearing must be held on inspection. such a budget amendment. Passed, approved and adopted this 16th day NOW THEREFORE, BE IT RESOLVED BY of September, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. That the City Clerk by and is hereby Michalski moved adoption of the Resolution. authorized and directed to publish notice of Seconded by Cline. Motion carried 7-0. public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Regular Session, September 16, 2002 393 th RESOLUTION NO. 504-02 at 2:00 p.m. on the 9 day of October, 2002. FIXING DATE FOR HEARING Bids shall be opened and read by the City Clerk ON PLANS AND SPECIFICATIONS at said time and will be submitted to the Council st Whereas, the City Council of the City of for final action at 6:30 p.m. on the 21 day of Dubuque, Iowa has given it’s preliminary October, 2002. approval on the proposed plans, specifications, Passed, approved and adopted this 16th day and form of contract and placed same on file in of September, 2002. the office of the City Clerk for public inspection Terrance M. Duggan, Mayor of the construction of approximately 17,400 feet Attest: Jeanne F. Schneider, City Clerk of 16” ductile iron water main along the Michalski moved adoption of the Resolution. Northwest Arterial and approximately 1,400 feet Seconded by Cline. Motion carried 7-0. of 12 inch watermain with accessories along Pennsylvania Avenue. Fourth Zone Water Tower Project – Initiate: NOW THEREFORE, BE IT RESOLVED BY City Manager recommending initiation of the THE CITY COUNCIL OF THE CITY OF bidding process for the Fourth Zone Water DUBUQUE, IOWA: Tower Project and that a public hearing on the st That on the 21 day of October 2002 a public plans and specifications be set for October 21, hearing will be held at 6:30 p.m. in the Public 2002, presented and read. Michalski moved that Library Auditorium at which time interested the communication be received and filed. persons may appear and be heard for or against Seconded by Cline. Motion carried 7-0. the proposed plans and specifications, form of RESOLUTION NO. 506–02 contract and cost of said improvement, and the PRELIMINARY APPROVAL OF City Clerk be and is hereby directed to cause a PLANS AND SPECIFICATIONS notice of time and place of such hearing to be published in a newspaper having general Whereas, the proposed plans, specifications circulation in the City of Dubuque, Iowa, which and form of contract for the construction of a notice shall be not less than four days nor more water tower to be located along John F. than twenty days prior to the day fixed for this Kennedy Road in the estimated amount of consideration. At the hearing, any interested $1,250.000.00 dollars have been prepared by person may appear and file objections to the Veenstra & Kimm, Inc. of West Des Moines, proposed plans, specifications, contract, or Iowa. estimated cost of the improvement. NOW THEREFORE, BE IT RESOLVED BY Passed, adopted and approved this 16th day THE CITY COUNCIL OF THE CITY OF of September, 2002. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. The proposed plans, specifications Attest: Jeanne F. Schneider, City Clerk and form of Contract are approved and ordered Michalski moved adoption of the Resolution. filed in the office of the City Clerk for public Seconded by Cline. Motion carried 7-0. inspection. Passed, approved and adopted this 16th day RESOLUTION NO. 505-02 of September, 2002. ORDERING BIDS Terrance M. Duggan, Mayor NOW THEREFORE, BE IT RESOLVED BY Attest: Jeanne F. Schneider, City Clerk THE CITY COUNCIL OF THE CITY OF Michalski moved adoption of the Resolution. DUBUQUE, IOWA: Seconded by Cline. Motion carried 7-0. Section 1.That the installation of approximately RESOLUTION NO. 507–02 17,140 feet of 16 inch ductile iron water main FIXING DATE FOR HEARING along the Northwest Arterial and 1,400 feet of 12 ON PLANS AND SPECIFICATIONS inch ductile iron watermain with accessories along Pennsylvania Avenue is hereby ordered to Whereas, the City Council of the City of be advertised for bids for construction. Dubuque, Iowa has given its preliminary Section 2. That the amount of the security to approval on the proposed plans, specifications, accompany each bid shall be in an amount and form of contract and placed same on file in which shall conform to the provisions of the the office of the City Clerk for public inspection notice to bidders hereby approved as part of the of the construction of a water tower to be located plans and specifications heretofore adopted. next to the Soccer Complex on John F. Kennedy Section 3. That the City Clerk is hereby Road. directed to advertise for bids for the construction NOW THEREFORE, BE IT RESOLVED BY of the improvement herein provided to be THE CITY COUNCIL OF THE CITY OF published in a newspaper having general DUBUQUE, IOWA: st circulation in the City of Dubuque, Iowa, which That on the 21 day of October, 2002 a public notice shall not be less than four days nor more hearing will be held at 6:30 p.m. in the Public than twenty days prior to the receipt of said bids Library Auditorium at which time interested 394 Regular Session, September 16, 2002 persons may appear and be heard for or against received and filed. Seconded by Cline. Motion the proposed plans and specifications, form of carried 7-0. contract and cost of said improvement, and the RESOLUTION NO. 509–02 City Clerk be and is hereby directed to cause a PRELIMINARY APPROVAL OF notice of time and place of such hearing to be PLANS AND SPECIFICATIONS published in a newspaper having general circulation in the City of Dubuque, Iowa, which Whereas, the proposed plans, specifications notice shall be not less than four days nor more and form of contract for the installation of than twenty days prior to the day fixed for this approximately 1,700 feet of 12-inch ductile iron consideration. At the hearing, any interested watermain on Old U. S. Highway 20 in the person may appear and file objections to the estimated amount of $82,670 dollars have been proposed plans, specifications, contract, or prepared by I.I.W. Engineering and Surveyors, estimated cost of the improvement. P.C. of Dubuque, Iowa. Passed, adopted and approved this 16th day NOW THEREFORE, BE IT RESOLVED BY of September, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. The proposed plans, specifications Michalski moved adoption of the Resolution. and form of Contract are approved and ordered Seconded by Cline. Motion carried 7-0. filed in the office of the City Clerk for public inspection. th RESOLUTION NO. 508–02 Passed, approved and adopted this 16 day of ORDERING BIDS September, 2002. NOW THEREFORE, BE IT RESOLVED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA: Michalski moved adoption of the Resolution. Section 1. That the construction of a water Seconded by Cline. Motion carried 7-0. tower on John F. Kennedy Road is hereby RESOLUTION NO. 510-02 ordered to be advertised for bids for FIXING DATE FOR HEARING construction. ON PLANS AND SPECIFICATIONS Section 2. That the amount of the security to accompany each bid shall be in an amount Whereas, the City Council of the City of which shall conform to the provisions of the Dubuque, Iowa has given its preliminary notice to bidders hereby approved as part of the approval on the proposed plans, specifications, plans and specifications heretofore adopted. and form of contract and placed same on file in Section 3. That the City Clerk is hereby the office of the City Clerk for public inspection directed to advertise for bids for the construction of the construction of approximately 1,700 feet of the improvements herein provided to be of 12 inch water main with accessories on Old published in a newspaper having general Highway 20 west of Radford Road. circulation in the City of Dubuque, Iowa, which NOW THEREFORE, BE IT RESOLVED BY notice shall not be less than four days nor more THE CITY COUNCIL OF THE CITY OF than twenty days prior to the receipt of said bids DUBUQUE, IOWA: st at 2:00 p. m. on the 9th day of October, 2002. That on the 21 day of October, 2002 a public Bids shall be opened and read by the City Clerk hearing will be held at 6:30 p.m. in the Public at said time and will be submitted to the Council Library Auditorium at which time interested st for final action at 6:30 p.m. on the 21 day of persons may appear and be heard for or against October, 2002. the proposed plans and specifications, form of Passed, approved and adopted this 16th day contract and cost of said improvement, and the of September, 2002. City Clerk be and is hereby directed to cause a Terrance M. Duggan, Mayor notice of time and place of such hearing to be Attest: Jeanne F. Schneider, City Clerk published in a newspaper having general Michalski moved adoption of the Resolution. circulation in the City of Dubuque, Iowa, which Seconded by Cline. Motion carried 7-0. notice shall be not less than four days nor more than twenty days prior to the day fixed for this Old U.S. Highway 20 Watermain Extension consideration. At the hearing, any interested Phase II Project – Initiate: City Manager person may appear and file objections to the recommending initiation of the bidding process proposed plans, specifications, contract, or for the Old U.S. Highway 20 Watermain estimated cost of the improvement. Extension Phase II Project and that a public Passed, adopted and approved this 16th day hearing on the plans and specifications be set of September, 2002. for October 21, 2002, presented and read. Terrance M. Duggan, Mayor Michalski moved that the communication be Attest: Jeanne F. Schneider, City Clerk Regular Session, September 16, 2002 395 Michalski moved adoption of the Resolution. Passed, adopted and approved this 16th day Seconded by Cline. Motion carried 7-0. of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 511–02 Michalski moved adoption of the Resolution. ORDERING BIDS Seconded by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 513-02 THE CITY COUNCIL OF THE CITY OF FIXING DATE OF THE HEARING DUBUQUE, IOWA: ON PLANS AND SPECIFICATIONS Section 1. That the installation of approximately 1,700 feet of 12-inch ductile iron Whereas, the City Council of the City of water main with accessories on Old U. S. Dubuque, Iowa has given its preliminary Highway 20 is hereby ordered to be advertised approval on the proposed plans, specifications, for bids for construction. and form of contract and placed same on file in Section 2. That the amount of the security to the office of the City Clerk for public inspection accompany each bid shall be in amount which of the Ice Harbor Retention Basin Pump shall conform to the provisions of the notice to Improvement Project. bidders hereby approved as part of the plans NOW THEREFORE, BE IT RESOLVED BY and specifications heretofore adopted. THE CITY COUNCIL OF THE CITY OF Section 3. That the City Clerk is hereby DUBUQUE, IOWA: directed to advertise for bids for the construction That on the 21st of October, 2002, a public of the improvement herein provided to be hearing will be held at 6:30 p.m. in the Public published in a newspaper having general Library Auditorium at which time interested circulation in the City of Dubuque, Iowa, which persons may appear and be heard for or against notice shall not be less than four days nor more the proposed plans and specifications, form of than twenty days prior to the receipt of said bids contract and cost of said improvement, and the th at 10:00 a.m. on the 9 day of October, 2002. City Clerk be and is hereby directed to cause a Bids shall be opened and read by the City Clerk notice of time and place of such hearing to be at said time and will be submitted to the Council published in a newspaper having general st for final action at 6:30 p.m. on the 21 day of circulation in the City of Dubuque, Iowa, which October, 2002. notice shall be not less than four days nor more th Passed, approved and adopted this 16 day of than twenty days prior to the day fixed for its September, 2002. consideration. At the hearing, any interested Terrance M. Duggan, Mayor person may appear and file objections to the Attest: Jeanne F. Schneider, City Clerk proposed plans, specifications, contract, or Michalski moved adoption of the Resolution. estimated cost of the improvement. Seconded by Cline. Motion carried 7-0. Passed, adopted and approved this 16th day of September, 2002. Ice Harbor Retention Basin Pump Terrance M. Duggan, Mayor Improvement Project – Initiate: City Manager Attest: Jeanne F. Schneider, City Clerk recommending initiation of the bidding process Michalski moved adoption of the Resolution. for the Ice Harbor Retention Basin Pump Seconded by Cline. Motion carried 7-0. Improvement Project and that a public hearing RESOLUTION NO. 514-02 on the plans and specifications be set for ORDERING BIDS October 21, 2002, presented and read. Michalski moved that the communication be NOW THEREFORE, BE IT RESOLVED BY received and filed. Seconded by Cline. Motion THE COUNCIL OF THE CITY OF DUBUQUE, carried 7-0. IOWA: That the Ice Harbor Retention Basin Pump RESOLUTION NO. 512-02 Improvement Project is hereby ordered to be PRELIMINARY APPROVAL OF advertised for bids for construction. PLANS AND SPECIFICATIONS BE IT FURTHER RESOLVED, that the amount `NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF an amount which shall conform to the provisions DUBUQUE, IOWA: of the notice to bidders hereby approved as a That the proposed plans, specifications, form part of the plans and specifications heretofore of contract and estimated cost for the Ice Harbor adopted. Pump Retention Basin Pump Improvement That the City Clerk is hereby directed to Project in the estimated amount of $153,600.00, advertise for bids for the construction of the are hereby approved and ordered filed in the improvements herein provided, to be published office of the City Clerk for public inspection. in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be 396 Regular Session, September 16, 2002 less than four days nor more than twenty days published in a newspaper having general prior to the receipt of said bids at 2:00 p.m. on circulation in the City of Dubuque, Iowa, which the 9th day of October, 2002. Bids shall be notice shall be not less than four days nor more opened and read by the City Clerk at said time than twenty days prior to the day fixed for its and will be submitted to the Council for final consideration. At the hearing, any interested action at 6:30 p.m. on the 21st day of October, person may appear and file objections to the 2002. proposed plans, specifications, contract, or Passed, adopted and approved this 16th day estimated cost of the improvement. th of September, 2002. Passed, adopted and approved this 16 day of Terrance M. Duggan, Mayor September, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution. Attest: Jeanne, F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0. Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. 2000 Sidewalk Installation Program: City RESOLUTION NO. 517-02 Manager recommending that a public hearing be RESOLUTION OF NECESSITY set for October 7, 2002 to consider a special assessment program for the 2000 Sidewalk Whereas, proposed plans have been duly Installation Program, presented and read. prepared and approved by the City Council of Michalski moved that the communication be the City of Dubuque and are now on file in the received and filed. Seconded by Cline. Motion office of City Clerk showing among other things carried 7-0. the plans, specifications, form of contract, estimated cost and preliminary plat and RESOLUTION NO. 515-02 schedule showing the amount proposed to be PRELIMINARY APPROVAL OF assessed against each lot and the valuation of PLANS AND SPECIFICATIONS each lot as filed by the City Council, for the 2000 NOW THEREFORE, BE IT RESOLVED BY Sidewalk Installation Program. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF That the proposed plans, specifications, form DUBUQUE, IOWA: of contract and estimated cost for the 2000 That the City Council deems it advisable and Sidewalk Installation Program in the estimated necessary for the public welfare to make the amount $38,220.20 are hereby approved and herein mentioned improvements, and unless ordered filed in the office of the City Clerk for property owners at the time of the final public inspection. consideration of this proposed resolution have th Passed, adopted and approved this 16 day of on file with the City Clerk objections to the September, 2002. Resolution of Necessity, they shall be deemed Terrance M. Duggan, Mayor to have waived all objections pertaining to the Attest: Jeanne F. Schneider, City Clerk regularity of the proceeding and the legality of Michalski moved adoption of the Resolution. using the special assessment procedure. Seconded by Cline. Motion carried 7-0. Said improvements shall be constructed and done in accordance with the plans and RESOLUTION NO. 516-02 specifications which have been approved by the FIXING DATE OF HEARING ON City Council and now on file with the City Clerk. PLANS AND SPECIFICATIONS That the cost and expense of making such Whereas, the City Council of the City of improvement will be assessed partially or totally Dubuque, Iowa has given its preliminary against privately owned property lying with the approval on the proposed plans, specifications, assessment limits, and in an amount not to and form of contract and placed same on file in exceed that provided by law, and in proportion to the office of the City Clerk for public inspection the special benefits conferred. of the 2000 Sidewalk Installation Program. The portion of the cost which shall be borne by NOW THEREFORE, BE IT RESOLVED BY the City will be paid from the 1% Local Option THE CITY COUNCIL OF THE CITY OF Sales Tax Fund, the Street Construction Fund, DUBUQUE, IOWA: and special assessment bonds may be issued in th That a Public Hearing will be held on the 7 anticipation of deferred payments of day of October, 2002, at 6:30 p.m. in the Public assessments when a contract has been Library Auditorium at which time interested performed and accepted, and the proceeds persons may appear and be heard for or against thereof used to pay the contractor. the proposed plans and specifications, form of The above resolution was introduced, contract and cost of said improvement, and the approved and ordered placed on file with the th City Clerk be and is hereby directed to cause a City Clerk this 16 day of September, 2002. notice of time and place of such hearing to be Approved and placed on file for final action. Regular Session, September 16, 2002 397 ASSESSMENTS FOR THE 2000 SIDEWALK Terrance M. Duggan, Mayor INSTALLATION PROGRAM Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Whereas, the City Council passed Resolution Seconded by Cline. Motion carried 7-0. 437-00 dated September 5, 2000, approving the Preliminary Schedule of Assessments for the RESOLUTION NO. 518-02 2000 Sidewalk Installation Program; and, FIXING DATE OF HEARING Whereas, the scope of the project has been ON RESOLUTION OF NECESSITY amended and a new Preliminary Schedule of Whereas, the City Council of the City of Assessments has been prepared. Dubuque, Iowa, has given its preliminary NOW THEREFORE, BE IT RESOLVED BY approval on the proposed plans, specifications THE CITY COUNCIL OF THE CITY OF and form of contract and placed same on file in DUBUQUE, IOWA: the office of the City Clerk for public inspection That the attached sheets, 1 to 1 inclusive, are for the 2000 Sidewalk Installation Program. The hereby determined to be the schedule of project consists of the installation of public proposed assessments for the 2000 Sidewalk sidewalks on the west side of Cedar Cross Installation Program and the valuations set out Road, from Starlite Drive to Center Grove Drive herein are hereby approved. th and the property at the northeast corner of Passed, approved and adopted this 16 day of Embassy West Drive and Pennsylvania Avenue; September, 2002. and, Terrance M. Duggan, Mayor Whereas, the proposed Resolution of Attest: Jeanne F. Schneider, City Clerk Necessity for said improvement has been Michalski moved adoption of the Resolution. introduced and is now on file in the City Clerk's Seconded by Cline. Motion carried 7-0. office for public inspection. RESOLUTION NO. 520-02 NOW THEREFORE, BE IT RESOLVED BY ORDERING BIDS THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY th That on the 7 day of October, 2002, a public THE COUNCIL OF THE CITY OF DUBUQUE, hearing will be held at 6:30 p.m. in the Public IOWA: Library Auditorium in the City of Dubuque at That the 2000 Sidewalk Installation Program is which time the owners of property subject to hereby ordered to be advertised for bids for assessment for the proposed improvement or construction. any other person having an interest in the matter BE IT FURTHER RESOLVED, that the amount may appear and be heard for or against the of the security to accompany each bid shall be in making of the improvement, the boundaries of an amount which shall conform to the provisions the district, the cost, the assessment against any of the Notice to Bidders hereby approved as a lot, or the final adoption of a Resolution of part of the plans and specifications heretofore Necessity and the City Clerk be and is hereby adopted. authorized and directed to cause a notice of time That the City Clerk is hereby directed to and place of such hearing to be published in a advertise for bids for the construction of the newspaper having general circulation in the City improvements herein provided, to be published of Dubuque, Iowa, which notice shall be in a newspaper having general circulation in the published once each week for two consecutive City of Dubuque, Iowa, which notice shall not be weeks, the first publication of which shall be not less than four days nor more than forty-five days less than ten days prior to the day fixed for its prior to the receipt of said bids at 2:00 p.m. on th consideration. Unless property owners at the the 26 day of September, 2002. Bids shall be time of the final consideration of this proposed opened and read by the City Clerk at said time resolution have on file with the City Clerk and will be submitted to the Council for final th objections to the Resolution of Necessity they action at 6:30 p.m. on the 7 day of October, shall be deemed to have waived all objections 2002. th thereto. Passed, adopted and approved this 16 day of th Passed, adopted and approved this 16 day of September, 2002. September, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. Designation of Urban Revitalization Districts: RESOLUTION NO. 519-02 City Manager recommending that a public RESOLUTION RESCINDING RESOLUTION hearing be set for November 4, 2002 to consider 437-00 AND APPROVING IN LIEU THEREOF designating the Old Main, Cathedral, and A NEW PRELIMINARY SCHEDULE OF Langworthy Historic Districts as Urban 398 Regular Session, September 16, 2002 Revitalization Districts, presented and read. Passed, approved and adopted this 16th day Michalski moved that the communication be of September 2002. received and filed. Seconded by Cline. Motion Terrance M. Duggan, Mayor carried 7-0. Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. RESOLUTION NO. 521-02 Seconded by Cline. Motion carried 7-0. RESOLUTION FINDING THAT THE DESIGNATION OF OLD MAIN, CATHEDRAL There being no further business, Markham AND LANGWORTHY URBAN REVITALI- moved to adjourn. Seconded by Cline. Motion ZATION PLANS ARE NECESSARY IN THE carried 7-0. The meeting adjourned at 8:51 P.M. INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS /s/ Jeanne F. Schneider, CMC OF THE CITY OF DUBUQUE, IOWA AND City Clerk PROVIDING FOR A PUBLIC HEARING 1t 9/l25 THEREON. Whereas, the City Council of the City of Approved:__________________________2002 Dubuque finds that properties in the Old Main, Cathedral and Langworthy historic districts are Adopted:___________________________2002 in an area in which there is a predominance of buildings or improvements which by reason age, history, architecture or significance should be ______________________________________ preserved or restored to productive use; and Mayor Whereas, Chapter 404 of the Code of Iowa provides for the establishment of an urban ______________________________________ revitalization area for such properties following a public hearing. ______________________________________ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ______________________________________ DUBUQUE, IOWA: Section 1. That the rehabilitation, conservation ______________________________________ and redevelopment of the areas described in the attached Langworthy Revitalization Plan, the Old ______________________________________ Main Urban Revitalization Plan and the Cathedral Urban Revitalization Plan are found to ______________________________________ be necessary in the interest of the public health, Council Members safety and welfare of the residents of the City, to wit: Attest: Section 2. That the Langworthy Revitalization Plan, the Old Main Urban Revitalization Plan ______________________________________ and the Cathedral Urban Revitalization Plan as City Clerk proposed meet the eligibility criteria of Chapter 404.1 of the Code of Iowa, 2001. Section 3. That the aforementioned Urban Revitalization Plans shall be a matter of record and shall be available for pubic inspection in the th office of the City Clerk at City Hall, 50 West 13 Street, Dubuque, Iowa. Section 4. That the City is authorized and directed to submit the aforementioned Urban Revitalization Plans to the City’s Long Range Planning Advisory Commission for review and comment; and Section 5. That the City Clerk is directed to publish notice of a public hearing on the aforementioned Urban Revitalization Area Plans to be held on November 4, 2002 at 6:30 p.m. in the Carnegie Stout Library Auditorium, 360 West th 11 Street, Dubuque, Iowa 52001; and Section 6. That the owners of record and tenants living within the proposed areas will be notified by the thirtieth day prior to the public hearing.