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2002 October Council Proceedings Regular Session, October 7, 2002 399 DUBUQUE and suits be referred to the Legal Staff for investigation and report. Seconded by CITY COUNCIL Markham. Motion carried 7-0. OFFICIAL PROCEEDINGS Corporation Counsel advising that the following claims have been referred to Public City Council, Regular Session, October 7, Entity Risk Services of Iowa, the agent for the 2002 Iowa Communities Assurance Pool: Geraldine Council met in Regular Session at 6:30 P.M. in Foley for vehicle damage; Rebecca Roepsch for the Library Auditorium personal injury, Victoria Sawvell for personal injury, Peggy Weland for personal injury, Present: Mayor Duggan, Council Members presented and read. Buol moved that the Buol, Cline, Connors, Markham, Michalski, communications be received and filed and Nicholson, City Manager Michael Van Milligen, concurred. Seconded by Markham. Motion Corporation Counsel Barry Lindahl. carried 7-0. Mayor Duggan read the call and stated this is Corporation Counsel recommending that the the regular session of the City Council called for claim of Denise Kennedy for vehicle damage be the purpose of acting upon such business which denied, presented and read. Buol moved that may properly come before the City Council. the communication be received and filed and concurred. Seconded by Markham. Motion Invocation was given by Joellen McCarthy, carried 7-0. BVM, President of the Sisters of Charity, BVM. Corporation Counsel recommending approval Proclamations: Healthcare Quality Week of the claim of Michael F. Delaney for vehicle (October 13 – 19, 2002) received by John Knox, damage and the Finance Director to issue CEO of The Finley Hospital; YWCA payment, presented and read. Buol moved that Appreciation Month (October, 2002) received by the communication be received and filed and Jane O’Neill; and Make A Will Month (October, concurred. Seconded by Markham. Motion 2002) received by Ken Werth. carried 7-0. CONSENT ITEMS Citizen Communication: Communication from Dow and Susan Prouty regarding the Minutes Submitted: Cable Community resurrection and reconstruction of the narrow Teleprogramming Commission of 9/3 and 10/1; gauge rail line from Dubuque to Cascade, City Council of 9/16; Community Development presented and read. Buol moved that the Advisory Commission of 9/4; Downtown communication be received and filed. Seconded Planning Committee of 9/9; Environmental by Markham. Motion carried 7-0. Stewardship Advisory Commission of 9/3; Five Flags Commission of 7/22 and 7/30; Historic Request to Purchase City-Owned Property: Preservation Commission of 9/19; Human Request from Douglas and Jean Kapp and Rights Commission of 8/12; Park and William and Carole Hartman-Kubler to purchase Recreation Commission of 9/17, presented and a portion of a City street/alley abutting their read. Buol moved that the minutes be received property between 1590 and 1600 Adair Street. and filed. Seconded by Markham. Motion presented and read. Buol moved that the carried 7-0. communication be received and filed and referred to the City Manager. Seconded by Proofs of publication of City Council Markham. Motion carried 7-0. Proceedings for 8/27, 8/29, and 9/3, presented and read. Buol moved that the proofs be Rip Row Valley Utilities Extension: City received and filed. Seconded by Markham. Manager recommending acceptance of the Rip Motion carried 7-0. Row Valley Utilities Extension Project in the final contract amount of $83,115.12, presented and Notice of Claims/Suits: Michael Delaney for read. Buol moved that the communication be vehicle damage; Geraldine A. Foley for vehicle received and filed. Seconded by Markham. damage; Darryl Galle for property damage; Motion carried 7-0. Rebecca L. Griebel for vehicle damage; Denise Kennedy for vehicle damage; Garry Pape for RESOLUTION NO. 521-02 ACCEPTING IMPROVEMENT vehicle damage; Portzen Construction for nonpayment of work; Rebecca Roepsch for Whereas, the contract for the Rip Row Valley personal injury; Kris Weland for personal injury, Utilities Extension Project has been completed presented and read. Buol moved that the claims and the City Manager has examined the work 400 Regular Session, October 7, 2002 and filed his certificate stating that the same has terms of the contract, plans and specifications been completed according to the terms of the and recommends its acceptance. contract, plans and specifications and NOW, THEREFORE, BE IT RESOLVED, BY recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED, BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF 1.That the recommendation of the City DUBUQUE, IOWA: Manager be approved and that said 1. That the recommendation of the City improvement be and the same is hereby Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the General Fund in amount Treasurer be and he is hereby directed to pay to equal to the amount of his contract, less any the contractor from the Water and Sewer Funds retained percentage provided for therein. in amount equal to the amount of his contract, Passed, approved and adopted this 7th day of less any retained percentage provided for October, 2002. therein. Terrance M. Duggan, Mayor Passed, approved and adopted this 7th day of Attest: Jeanne F. Schneider, City Clerk October, 2002. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 524-02 Buol moved adoption of the Resolution. FINAL ESTIMATE Seconded by Markham. Motion carried 7-0. Whereas, the contract for the Five Flags Paint RESOLUTION NO. 522-02 Arena Ceiling and Walls Project has been FINAL ESTIMATE completed and the Engineer has submitted his Whereas, the contract for the Rip Row Valley final estimate showing the cost thereof including Utilities Extension Project has been completed the cost of estimates, notices and inspection and and the Engineer has submitted his final all miscellaneous costs; estimate showing the cost thereof including the NOW, THEREFORE, BE IT RESOLVED, BY cost of estimates, notices and inspection and all THE CITY COUNCIL OF THE CITY OF miscellaneous costs; DUBUQUE, IOWA: NOW, THEREFORE, BE IT RESOLVED, BY Section 1. That the cost of said improvement THE CITY COUNCIL OF THE CITY OF is hereby determined to be $79,190, and the DUBUQUE, IOWA: said amount shall be paid from the General Section 1. That the cost of said improvement is Fund of the City of Dubuque, Iowa. hereby determined to be $83,115.12, and the Passed, approved and adopted this 7th day of said amount shall be paid from the Water and October, 2002. Sewer Funds of the City of Dubuque, Iowa. Terrance M. Duggan, Mayor Passed, approved and adopted this 7th day of Attest: Jeanne F. Schneider, City Clerk October, 2002. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Markham. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Rip Row Valley Ball Field Development Seconded by Markham. Motion carried 7-0. Project: City Manager recommending acceptance of the Rip Row Valley Ball Field Five Flags - Paint Arena Ceiling and Walls Development Project in the final contract amount Project: City Manager recommending of $111,418.49, presented and read. Buol acceptance of the Five Flags – Paint Arena moved adoption of the Resolution. Seconded by Ceiling and Walls Project in the final contract Markham. Motion carried 7-0. amount of $79,190, presented and read. Buol RESOLUTION NO. 525-02 moved that the communication be received and ACCEPTING IMPROVEMENT filed. Seconded by Markham. Motion carried 7- 0. Whereas, the contract for the Rip Row Valley Ball Field Development Project has been RESOLUTION NO. 523-02 completed and the City Manager has examined ACCEPTING IMPROVEMENT the work and filed his certificate stating that the Whereas, the contract for the Five Flags, Paint same has been completed according to the Arena Ceiling and Walls Project has been terms of the contract, plans and specifications completed and the City Manager has examined and recommends its acceptance. the work and filed his certificate stating that the same has been completed according to the Regular Session, October 7, 2002 401 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF John Bell Block Building: Historic Preservation DUBUQUE, IOWA: Commission recommending approval of the 1.That the recommendation of the City nomination of the John Bell Block Building (1301 Manager be approved and that said – 1307 Central Avenue) to the National Register improvement be and the same is hereby of Historic Places, presented and read. Buol accepted. moved that the communication be received and BE IT FURTHER RESOLVED that the City filed and approved recommendation. Seconded Treasurer be and he is hereby directed to pay to by Markham. Motion carried 7-0. the contractor from the General Fund in amount equal to the amount of his contract, less any Historic Bluffs Trail Project Grant Application: retained percentage provided for therein. City Manager recommending approval of the Passed, approved and adopted this 7th day of submission of a TEA-21 Grant Application for October, 2002. construction of the Historic Bluffs Trail Project Terrance M. Duggan, Mayor which involves restoration of the Hodgdon Street Attest: Jeanne F. Schneider, City Clerk and Catherine/West Locust Street steps, Buol moved adoption of the Resolution. presented and read. Buol moved that the Seconded by Markham. Motion carried 7-0. communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 526-02 FINAL ESTIMATERESOLUTION NO. 527-02 RESOLUTION APROVING THE SUBMITTAL Whereas, the contract for the Rip Row Valley, OF AN APPLICIATION FOR STATEWIDE Ball Field Development Project has been TRANSPORTATION ENHANCEMENT FUND- completed and the Engineer has submitted his ING TO THE IOWA DEPARTMENT OF final estimate showing the cost thereof including TRANSPORTATION FOR THE HISTORIC the cost of estimates, notices and inspection and BLUFFS TRAIL PROJECT all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY Whereas, the Iowa Department of THE CITY COUNCIL OF THE CITY OF Transportation has announced the availability of DUBUQUE, IOWA: Statewide Transportation Enhancement Funds; Section 1. That the cost of said improvement is and hereby determined to be $111,418.49, and the Whereas, the rehabilitation and operation of said amount shall be paid from the General historic transportation structures and facilities for Fund of the City of Dubuque, Iowa. pedestrians and bicycles are eligible activities Passed, approved and adopted this 7th day of for enhancement funding; and October, 2002. Whereas, design, engineering and Terrance M. Duggan, Mayor construction costs are eligible for enhancement Attest: Jeanne F. Schneider, City Clerk funding; and Buol moved adoption of the Resolution. Whereas, the City has adopted Heritage Trail Seconded by Markham. Motion carried 7-0. Master Plan that includes a trail system with neighborhood linkages along West Locust Street Amendment to Collective Bargaining and throughout the city. Agreement Between the City and the Police NOW THEREFORE, BE IT RESOLVED BY Protective Association: City Manager THE CITY COUNCIL OF THE CITY OF recommending approval of an amendment to the DUBUQUE, IOWA: Collective Bargaining Agreement between the Section 1. That the Mayor is authorized to sign City and the Dubuque Police Protective and submit this application to the Iowa Association to accommodate the new four-day Department of Transportation for Statewide (ten hour) work week, presented and read. Buol Transportation Enhancement Funds for the moved that the communication be received and Historic Bluffs Trail Project. filed and approved recommendation. Seconded Section 2. That the City Council authorizes the by Markham. Motion carried 7-0. City Manager to utilize budgeted Capital Improvement Program funds to provide the Ziepprecht Block Building: Historic match required by this program. Preservation Commission recommending Section 3. That in the event said application is approval of the nomination of the Ziepprecht approved, the City Council hereby provides its Block Building (1347 Central Avenue) to the written assurance that the completed project will National Register of Historic Places, presented be adequately maintained for its intended public and read. Buol moved that the communication use for a minimum of twenty (20) years following be received and filed and approved the project. recommendation. Seconded by Markham. Motion carried 7-0. 402 Regular Session, October 7, 2002 Section 4. That the City of Dubuque agrees to Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements abide by all local, state and federal requirements applicable to the proposed projects. applicable to the proposed project. Passed, approved and adopted this 7th day of Passed, approved and adopted this 7th day of October 2002. October 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 Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. Iowa 32 (Northwest Arterial) Bike/Hike Path Landscaping Gateways Grant Application: City Grant Application: City Manager recommending Manager recommending approval of the approval of the submission of a Federal submission of a TEA-21 Grant Application for Recreational Trail Grant Application for landscaping of the gateways to the City located construction of the Iowa 32 (Northwest Arterial) at Dodge and Locust Streets, the Port of thth Bike/Hike Path project, presented and read. Dubuque at 5 Street, and at 9 and 11 Streets Buol moved that the communication be received adjacent to Highway 61/151, presented and and filed. Seconded by Markham. Motion read. Buol moved that the communication be carried 7-0. received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 528-02 RESOLUTION APROVING THE SUBMITTAL RESOLUTION NO. 529-02 OF AN APPLICIATION FOR FEDERAL RESOLUTION APROVING THE SUBMITTAL RECREATIONAL TRAIL FUNDING TO THE OF AN APPLICIATION FOR STATEWIDE IOWA DEPARTMENT OF TRANSPORTATION TRANSPORTATION ENHANCEMENT FUND- FOR THE DUBUQUE HERITAGE TRAIL ING TO THE IOWA DEPARTMENT OF EXTENSION: IOWA 32 (NORTHWEST TRANSPORTATION FOR THE DUBUQUE ARTERIAL) BIKE/HIKE TRAIL PROJECT GATEWAYS PROJECT Whereas, the Iowa Department of Whereas, the Iowa Department of Transportation has announced the availability of Transportation has announced the availability of Federal Recreational Trail Funds; and Statewide Transportation Enhancement Funds; Whereas, pedestrian and bicycle facilities are and eligible activities for this funding; and Whereas, landscaping and scenic Whereas, design, engineering and beautification are eligible activities for construction costs are eligible for this funding; enhancement funding; and and Whereas, design, engineering and Whereas, the City has adopted a construction costs are eligible for enhancement Comprehensive Plan that identified a funding; and community-wide bike/pedestrian network that Whereas, the City has a Downtown Circulation includes extension of the Heritage Trail along Study that identified important gateways to the Iowa 32 (Northwest Arterial). community. 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 Mayor is authorized to sign Section 1. That the Mayor is authorized to sign and submit this application to the Iowa and submit this application to the Iowa Department of Transportation for Federal Department of Transportation for Statewide Recreational Trail Funds for the Dubuque Transportation Enhancement Funds for the Heritage Trail Extension: Iowa 32 (Northwest Dubuque Gateways Project. Arterial) Bike/Hike Trail. Section 2. That the City Council authorizes the Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital City Manager to utilize budgeted Capital Improvement Program funds to provide the Improvement Program funds to provide the match required by this program. match required by this program. Section 3. That in the event said application is Section 3. That in the event said application is approved, the City Council hereby provides its approved, the City Council hereby provides its written assurance that the completed project will written assurance that the completed project will be adequately maintained for its intended public be adequately maintained for its intended public use for a minimum of twenty (20) years following use for a minimum of twenty (20) years following the project. the project. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed projects. Regular Session, October 7, 2002 403 Passed, approved and adopted this 7th day of recognition of the City’s Multi-Hazard Mitigation October 2002. Plan, presented and read. Buol moved that the Terrance M. Duggan, Mayor communication be received and filed. Seconded Attest: Jeanne F. Schneider, City Clerk by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from Donna L. Smith, Grant of Easement for Public Sidewalk and Chairperson of the Dubuque County Board of Sprinkler System: City Manager recommending Supervisors, advising that the Supervisors have approval of an easement agreement between adopted the Comprehensive Land Use the City of Dubuque and the Peninsula Gaming Development Plan and Future Land Use Company, LLC for the installation of a public Development Map, presented and read. Buol sidewalk and sprinkler system abutting Bell moved that the communication be received and Street in front of their parking lot at the corner of filed. Seconded by Markham. Motion carried 7- rd 3 and Bell Street, presented and read. Buol 0. moved that the communication be received and filed. Seconded by Markham. Motion carried 7-Bell Street – Award of Contract: City Manager 0. recommending approval of a change in the award date for the Bell Street Construction RESOLUTION NO. 530-02 Project from October 7, 2002 to February 3, GRANT OF EASEMENT FOR PUBLIC 2003 due to a change in the State’s bidding SIDEWALK AND SPRINKLER SYSTEM schedule, presented and read. Buol moved that RELATING TO THE CONSTRUCTION OF the communication be received and filed. SIDEWALK, ORNAMENTAL RAIL AND IRRI- Seconded by Markham. Motion carried 7-0. GATION SYSTEM WITH PENINSULA GAMING COMPANY, L.L.C. RESOLUTION NO. 531-02 ORDERING BIDS Whereas, the City of Dubuque is proposing to construct a sidewalk, ornamental rail and NOW THEREFORE, BE IT RESOLVED BY irrigation system on property owned by THE COUNCIL OF THE CITY OF DUBUQUE, Peninsula Gaming Company, L.L.C. at the IOWA: rd corner of 3 and Bell Streets; and That the Bell Street Construction Project is Whereas, the City of Dubuque has prepared a hereby ordered to be advertised for bids for grant of easement outlining the terms under construction. which the sidewalk, ornamental rail and irrigation BE IT FURTHER RESOLVED, that the amount system would be installed; and of the security to accompany each bid shall be in Whereas, the City Council of the City of an amount which shall conform to the provisions Dubuque approves the terms and conditions of of the Notice to Bidders hereby approved as a said grant of easement. part of the plans and specifications heretofore NOW THEREFORE, BE IT RESOLVED BY adopted. THE CITY COUNCIL OF THE CITY OF That the City Clerk is hereby directed to DUBUQUE, IOWA: advertise for bids for the construction of the Section 1. That Peninsula Gaming Company, improvements herein provided, to be published LLC has executed an easement granting the in a newspaper having general circulation in the City of Dubuque permission to construct a City of Dubuque, Iowa, which notice shall not be sidewalk, ornamental rail and irrigation system less than four days nor more than forty-five days on their property legally described as the east 12 prior to the receipt of said bids at 9:00 a.m. on stth feet of Lot 1 of Adams Company’s 1 Addition the 14 day of January, 2003. Bids shall be nd and Lot 3 of Adams Company’s 2 Addition, all opened and read by the Iowa Department of in the City of Dubuque, Dubuque County, Iowa. Transportation in Ames, Iowa, after 9:30 a.m. on Section 2. That the Mayor be authorized and the same date such as bids are scheduled to be directed to execute two copies of the grant of received. The bid will be submitted to the rd easement. Council for final action at 6:30 p.m. on the 3 th Passed, approved and adopted this 7 day of day of February, 2003, subject to the October, 2002. concurrence of the Federal Highway Terrance M. Duggan, Mayor Administration. th Attest: Jeanne F. Schneider, CMC, City Clerk Passed, adopted and approved this 7 day of Buol moved adoption of the Resolution. October, 2002. Seconded by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ECIA: Communication from ECIA presenting a Buol moved adoption of the Resolution. certificate from the Iowa Emergency Seconded by Markham. Motion carried 7-0. Management Division to the City of Dubuque in 404 Regular Session, October 7, 2002 Hempstead High School: Request of Passed, approved and adopted this 7th day of Hempstead High School to conduct a fireworks October, 2002. display on October 18, 2002 at 7:45 p.m. at their Terrance M. Duggan, Mayor Homecoming Football Game, presented and Attest: Jeanne F. Schneider, CMC, City Clerk read. Buol moved that the communication be Buol moved adoption of the Resolution. received and filed and approved request. Seconded by Markham. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 533-02 State Historical Society of Iowa: Whereas, applications for Liquor Licenses Communication from the State Historical Society have been submitted to this Council for approval of Iowa advising that the Grand Opera House and the same have been examined and was listed in the National Register of Historic approved; and Places effective September 20, 2002, presented Whereas, the premises to be occupied by such and read. Buol moved that the communication applicants were inspected and found to comply be received and filed. Seconded by Markham. with the State Laws and all City Ordinances Motion carried 7-0. relevant thereto and they have filed proper bonds. Liquor License Refunds: NOW, THEREFORE, BE IT RESOLVED BY Request from Galaxies, 3203 Jackson Street, THE CITY COUNCIL OF THE CITY OF for a refund of their liquor license in the amount DUBUQUE, IOWA: of $422.50, presented and read. Buol moved That the Manager be authorized to cause to be that the communication be received and filed issued the following named applicants a Liquor and approved request. Seconded by Markham. License. Motion carried 7-0. CLASS “C” BEER/LIQUOR LICENSE Request from ArCon, Inc. (Arby’s Q-Mart) for a Bierstube Ltd Europa Haus Restaurant refund on their beer and liquor license in the / Bierstube 1301 Rhomberg Ave amount of $75.00 and Cigarette Permit, Dog Gone, Inc Dog House Lounge presented and read. Buol moved that the +(Sunday & Outdoor Sale) 1646 Asbury Rd communication be received and filed and DAMA Corp. Rainbow Lounge+ th approved request. Seconded by Markham. (Sunday Sale) 36 W. 4 St Motion carried 7-0. CLASS “C”(5 DAY SPECIAL EVENT) LICENSE Aramark Educations Serv. Loras College Business Licenses: – Field House 1450 Alta Vista Aramark Educations Serv. Loras College- RESOLUTION NO. 532-02 Alumni Center – Outdoor Sale 1450 Alta Vista BEER Clarke College Clarke College – Atrium – Whereas, applications for Beer Permits have Outdoor Sale 1550 Clarke Dr been submitted and filed to this Council for CLASS “B” WINE approval and the same have been examined Wal-Mart Stores Inc. Wal-Mart and approved: and Supercenter # 2004 4200 Dodge St Whereas, the premises to be occupied by Eagle Food Centers Inc. Eagle Food Center such applicants were inspected and found to # 320 2050 JFK Rd comply with the Ordinances of the City and have Eagle Food Centers Inc. Eagle Food Center filed proper bonds. # 018 300 S Locust NOW, THEREFORE, BE IT RESOLVED BY Eagle Food Centers Inc. Eagle Food Center THE CITY COUNCIL OF THE CITY OF # 130 1800 Elm St th DUBUQUE, IOWA: Passed, approved and adopted this 7 day of That the Manager be authorized to cause to be October, 2002. issued the following named applicants a Beer Terrance M. Duggan, Mayor Permit. Attest: Jeanne F. Schneider, CMC, City Clerk CLASS “C” BEER PERMIT Buol moved adoption of the Resolution. Molo Oil Company Puff N Snuff + Seconded by Markham. Motion carried 7-0. (Sunday Sale) 1101 Rhomberg Ave Eagle Food Center Inc. Eagle Food 130+ ITEMS TO BE SET FOR PUBLIC HEARING (Sunday Sale) 1800 Elm St Eagle Food Center Inc. Eagle Food # 018+ Bond Sale to Support Water Projects: City (Sunday Sale) 300 S Locust St Manager recommending that a public hearing be Eagle Food Center Inc. Eagle Food # 320+ set for October 21, 2002 to consider the sale of (Sunday Sale) 2050 JFK Rd General Obligation Bonds in an amount not to Wal-Mart Store, Inc. Wal-Mart Supercenter+ exceed $3,300,000 to support the new water (Sunday Sale) 4200 Dodge St tower and water main along the Northwest Arterial, presented and read. Michalski moved Regular Session, October 7, 2002 405 that the communication be received and filed. CORPORATE PURPOSE) OF SAID CITY, AND Seconded by Cline. Motion carried 7-0. THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the RESOLUTION NO. 534-02 Council of the City of Dubuque, Iowa, will hold a RESOLUTION FIXING DATE FOR A MEETING public hearing on the 21st day of October, 2002, ON THE PROPOSITION OF THE ISSUANCE at 6:30 o'clock P.M., in the Auditorium, OF NOT TO EXCEED $3,300,000 GENERAL Carnegie-Stout Public Library, Dubuque, Iowa, OBLIGATION BONDS (FOR AN ESSENTIAL at which meeting the Council proposes to take CORPORATE PURPOSE) OF DUBUQUE, additional action for the issuance of not to IOWA, AND PROVIDING FOR PUBLICATION exceed $3,300,000 General Obligation Bonds OF NOTICE THEREOF for an essential corporate purpose of said City, WHEREAS, it is deemed necessary and in order to provide funds to pay costs of the advisable that the City of Dubuque, Iowa, should acquisition, construction, improvement and issue General Obligation Bonds to the amount of equipping of waterworks and water main not to exceed $3,300,000, as authorized by extensions, including water treatment plant Section 384.25 of the City Code of Iowa, for the facilities and water main extensions and purpose of providing funds to pay costs of improvements. carrying out an essential corporate purpose At the above meeting the Council shall receive project as hereinafter described; and oral or written objections from any resident or WHEREAS, before said Bonds may be issued, property owner of said City, to the above action. it is necessary to comply with the provisions of After all objections have been received and said Code, and to publish a notice of the considered, the Council will at this meeting or at proposal to issue such Bonds and of the time any adjournment thereof, take additional action and place of the meeting at which the Council for the issuance of said Bonds or will abandon proposes to take action for the issuance of the the proposal to issue said Bonds. Bonds and to receive oral and/or written This notice is given by order of the Council of objections from any resident or property owner Dubuque, Iowa, as provided by Section 384.25 of said City to such action; of the City Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY Dated this 8th day of October, 2002. THE CITY COUNCIL OF THE CITY OF /s/ Jeanne F. Schneider DUBUQUE, IOWA: City Clerk of Dubuque, Iowa Section 1. That this Council meet in the (End of Notice) Auditorium, Carnegie-Stout Public Library, PASSED AND APPROVED this 7th day of Dubuque, Iowa, at 6:30 o'clock P.M., on the October, 2002. 21st day of October, 2002, for the purpose of Terrance M. Duggan, Mayor taking action on the matter of the issuance of not Attest: Jeanne F. Schneider, City Clerk to exceed $3,300,000 General Obligation Bonds Michalski moved adoption of the Resolution for an essential corporate purpose of said City, and further set this for Public Hearing on the proceeds of which bonds will be used to 10/21/02 at a meeting to commence at 6:30 provide funds to pay costs of the acquisition, P.M. in the Public Library Auditorium and that construction, improvement and equipping of the City Clerk publish notice in the manner waterworks and water main extensions, prescribed by law. Seconded by Cline. Motion including water treatment plant facilities and carried 7-0. water main extensions and improvements. Section 2. That the Clerk is hereby directed to Bond Sale to Refund $3,100,000 General cause at least one publication to be made of a Obligation Bonds: City Manager recommending notice of said meeting, in a legal newspaper, that a public hearing be set for October 21, 2002 printed wholly in the English language, to consider the proposition of selling not to published at least once weekly, and having exceed $650,000 in General Obligation Bonds general circulation in said City, said publication for the purpose of refunding $3,100,000 General to be not less than four clear days nor more than Obligation Bonds, presented and read. Michalski twenty days before the date of said public moved that the communication be received and meeting on the issuance of said Bonds. filed. Seconded by Cline. Motion carried 7-0. Section 3. The notice of the proposed action RESOLUTION NO. 535-02 to issue said Bonds shall be in substantially the RESOLUTION FIXING DATE FOR A MEETING following form: ON THE PROPOSITION OF THE ISSUANCE NOTICE OF MEETING OF THE COUNCIL OF OF NOT TO EXCEED $650,000 GENERAL THE CITY OF DUBUQUE, IOWA, ON THE OBLIGATION BONDS (FOR AN ESSENTIAL MATTER OF THE PROPOSED ISSUANCE OF CORPORATE PURPOSE) OF DUBUQUE, NOT TO EXCEED $3,300,000 GENERAL IOWA, AND PROVIDING FOR PUBLICATION OBLIGATION BONDS (FOR AN ESSENTIAL OF NOTICE THEREOF 406 Regular Session, October 7, 2002 WHEREAS, it is deemed necessary and indebtedness of the City, consisting of the advisable that the City of Dubuque, Iowa, should General Obligation Bonds, Series 1994, dated issue General Obligation Bonds to the amount of May 1, 1994. not to exceed $650,000, as authorized by At the above meeting the Council shall receive Section 384.25 of the City Code of Iowa, for the oral or written objections from any resident or purpose of providing funds to pay costs of property owner of said City, to the above action. carrying out an essential corporate purpose After all objections have been received and project as hereinafter described; and considered, the Council will at this meeting or at WHEREAS, before said Bonds may be issued, any adjournment thereof, take additional action it is necessary to comply with the provisions of for the issuance of said Bonds or will abandon said Code, and to publish a notice of the the proposal to issue said Bonds. proposal to issue such Bonds and of the time This notice is given by order of the Council of and place of the meeting at which the Council Dubuque, Iowa, as provided by Section 384.25 proposes to take action for the issuance of the of the City Code of Iowa. Bonds and to receive oral and/or written Dated this 8th day of October, 2002. objections from any resident or property owner /s/ Jeanne F. Schneider, of said City to such action. City Clerk of Dubuque, Iowa NOW, THEREFORE, BE IT RESOLVED BY (End of Notice) THE CITY COUNCIL OF THE CITY OF PASSED AND APPROVED this 7th day of DUBUQUE, IOWA: October, 2002. Section 1. That this Council meet in the Terrance M. Duggan, Mayor Council Chambers, City Hall, Dubuque, Iowa, at ATTEST: Jeanne F. Schneider, City Clerk 6:30 o'clock P.M., on the 21st day of October, Michalski moved adoption of the Resolution 2002, for the purpose of taking action on the and further set this for Public Hearing on matter of the issuance of not to exceed 10/21/02 at a meeting to commence at 6:30 $650,000 General Obligation Bonds for an P.M. in the Public Library Auditorium and that essential corporate purpose of said City, the the City Clerk publish notice in the manner proceeds of which Bonds will be used to provide prescribed by law. Seconded by Cline. Motion funds to pay costs of refunding and refinancing carried 7-0. certain outstanding indebtedness of the City, consisting of the General Obligation Bonds, Concrete Repairs on Kerper Boulevard and Series 1994, dated May 1, 1994. North Grandview Avenue – Initiate: City Section 2. That the Clerk is hereby directed to Manager recommending initiation of the bidding cause at least one publication to be made of a process for the Concrete Repairs on Kerper notice of said meeting, in a legal newspaper, Boulevard and North Grandview Avenue Project printed wholly in the English language, and recommending that a public hearing on the published at least once weekly, and having plans and specifications be set for November 4, general circulation in said City, said publication 2002, presented and read. Michalski moved that to be not less than four clear days nor more than the communication be received and filed. twenty days before the date of said public Seconded by Cline. Motion carried 7-0. meeting on the issuance of said Bonds. RESOLUTION NO. 536-02 Section 3. The notice of the proposed action PRELIMINARY APPROVAL OF to issue said Bonds shall be in substantially the PLANS AND SPECIFICATIONS following form: NOTICE OF MEETING OF THE COUNCIL OF NOW THEREFORE, BE IT RESOLVED BY THE CITY OF DUBUQUE, IOWA, ON THE THE CITY COUNCIL OF THE CITY OF MATTER OF THE PROPOSED ISSUANCE OF DUBUQUE, IOWA: NOT TO EXCEED $650,000 GENERAL That the proposed plans, specifications, form OBLIGATION BONDS (FOR AN ESSENTIAL of contract and estimated cost for the Concrete CORPORATE PURPOSE) OF SAID CITY, AND Repair Project on Kerper Boulevard and North THE HEARING ON THE ISSUANCE THEREOF Grandview in the estimated amount $93,399.08 PUBLIC NOTICE is hereby given that the are hereby approved and ordered filed in the Council of the City of Dubuque, Iowa, will hold a office of the City Clerk for public inspection. stth public hearing on the 21 day of October, 2002, Passed, adopted and approved this 7 day of at 6:30 o'clock P.M., in the Auditorium, October, 2002. Carnegie-Stout Public Library, Dubuque, Iowa, Terrance M. Duggan, Mayor at which meeting the Council proposes to take Attest: Jeanne F. Schneider, CMC, City Clerk additional action for the issuance of not to Michalski moved adoption of the Resolution. exceed $650,000 General Obligation Bonds for Seconded by Cline. Motion carried 7-0. an essential corporate purpose of said City, in order to provide funds to pay costs of refunding and refinancing certain outstanding Regular Session, October 7, 2002 407 th RESOLUTION NO. 537-02 action at 6:30 p.m. on the 4 day of November, FIXING DATE OF HEARING 2002. th ON PLANS AND SPECIFICATIONS Passed, adopted and approved this 7 day of Whereas, the City Council of the City of October, 2002. Dubuque, Iowa has given its preliminary Terrance M. Duggan, Mayor approval on the proposed plans, specifications, Attest: Jeanne F. Schneider, CMC, City Clerk and form of contract and placed same on file in Michalski moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Cline. Motion carried 7-0. of the Concrete Repair Project on Kerper Boulevard and North Grandview. BOARDS/COMMISSIONS NOW THEREFORE, BE IT RESOLVED BY Applicants are invited to address the Council THE CITY COUNCIL OF THE CITY OF regarding their desire to serve on the following DUBUQUE, IOWA: Commission: th That a Public Hearing will be held on the 4 Housing Commission (One 3-year unexpired day of November, 2002, at 6:30 p.m. in the term through 8/17/04 and one 3-year term to Public Library Auditorium at which time expire 8/17/05) interested persons may appear and be heard for Applicant: William D. Helling. Mr. Helling or against the proposed plans and spoke requesting consideration for appointment. specifications, form of contract and cost of said improvement, and the City Clerk be and is PUBLIC HEARINGS hereby directed to cause a notice of time and place of such hearing to be published in a Buol moved that the rules be suspended to newspaper having general circulation in the City allow anyone present to speak. Seconded by of Dubuque, Iowa, which notice shall be not less Michalski. Motion carried 7-0. than four days nor more than twenty days prior to the day fixed for its consideration. At the Dubuque Girls’ Independent League Ballfield hearing, any interested person may appear and Fencing Project: Proofs of publication on notice file objections to the proposed plans, of hearing on plans and specifications and specifications, contract, or estimated cost of the notice to bidders on the receipt of bids, and City improvement. Manager recommending award of the contract th Passed, adopted and approved this 7 day of for the Dubuque Girls’ Independent League October, 2002. Project to Pride Fencing and Landscaping in the Terrance M. Duggan, Mayor amount of $54,111.47, presented and read. Attest: Jeanne F. Schneider, CMC, City Clerk Markham moved that the proofs and Michalski moved adoption of the Resolution. communication be received and filed. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 538-02 RESOLUTION NO. 539-02 ORDERING BIDSRESOLUTION ADOPTING PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, Whereas, on the 3rd day of September, 2002, IOWA: plans, specifications, form of contract and That the Concrete Repair Project on Kerper estimated cost were filed with the City Clerk of Boulevard and North Grandview is hereby Dubuque, Iowa for the DGIL Ballfield Fencing ordered to be advertised for bids for Project.. construction. WHEREAS, notice of hearing on plans, BE IT FURTHER RESOLVED, that the amount specifications, form of contract, and estimated of the security to accompany each bid shall be in cost was published as required by law. 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: adopted. That the said plans, specifications, form of That the City Clerk is hereby directed to contract and estimated cost are hereby advertise for bids for the construction of the approved as the plans, specifications, form of improvements herein provided, to be published contract and estimated cost for said in a newspaper having general circulation in the improvements for said project. City of Dubuque, Iowa, which notice shall not be Passed, approved and adopted this 7th day of less than four days nor more than forty-five days October, 2002. prior to the receipt of said bids at 2:00 p.m. on Terrance M. Duggan, Mayor th the 24 day of October, 2002. Bids shall be Attest: Jeanne F. Schneider, City Clerk opened and read by the City Clerk at said time Markham moved adoption of the Resolution. and will be submitted to the Council for final Seconded by Cline. Motion carried 7-0. 408 Regular Session, October 7, 2002 RESOLUTION NO. 540-02 Dubuque, Dubuque County, Iowa to consider AWARDING CONTRACT the proposal for the release of real estate WHEREAS, sealed proposals have been described as: submitted by contractors for the DGIL A 20-foot wide storm sewer easement on Lot BALLFIELD FENCING PROJECT pursuant to 36 of Shady Oaks Subdivision in the City of Resolution No. 467-02, and notice to bidders Dubuque, Iowa, as shown on the attached published in a newspaper published in the City Exhibit A of Dubuque, Iowa, on the 13th day of Whereas, the City Council of the City of September, 2002. Dubuque, Iowa overruled any and all objections, WHEREAS, said sealed proposals were oral or written to the proposal to dispose of opened and read on the 26th day of September, interest of the City of Dubuque, Iowa, in the 2002, and it has been determined that the bid of hereinabove described real estate. Pride Fencing and Landscaping in the amount of NOW, THEREFORE, BE IT RESOLVED BY $54,111.47 was the lowest bid for the THE CITY COUNCIL OF THE CITY OF furnishings of all labor and materials and DUBUQUE, IOWA: performing the work as provided for in the plans Section 1. That the disposal of the interest of and specifications. the City of Dubuque, Dubuque County, Iowa in NOW THEREFORE, BE IT RESOLVED BY real property described as a 20-foot wide storm THE CITY COUNCIL OF THE CITY OF sewer easement on Lot 36 of Shady Oaks DUBUQUE, IOWA: Subdivision in the City of Dubuque, Iowa be and That the contract for the above improvement the same is hereby approved for the cost of be awarded to Pride Fencing and Landscaping, publication and filing fees. and the Manager be and is hereby directed to Section 2. That the Mayor be authorized and execute a contract on behalf of the City of directed to execute a Release of Easement, and Dubuque for the complete performance of the the City Clerk be and is hereby authorized and work. directed to deliver said Release to Michael D. BE IT FURTHER RESOLVED: Steele upon receipt of the above fees. That upon the signing of said contract and the Section 3. That the City Clerk be and is hereby approval of the contractor's bond, the City authorized and directed to record a certified Treasurer is authorized and instructed to return copy of this resolution in the offices of the City the bid deposits of the unsuccessful bidders. Assessor, Dubuque County Recorder and Passed, approved and adopted this 7th day of Dubuque County Auditor. th October, 2002. Passed, approved and adopted this 7 day of Terrance M. Duggan, Mayor October, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Markham 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 Nicholson. Motion carried 7-0. Shady Oaks Storm Sewer – Request to Vacate: Proof of publication on notice of hearing Tiffany Ridge – Sale of Property: Proof of to consider a request from Ed Tschiggfrie to publication on notice of hearing to consider the vacate a twenty-foot wide storm sewer sale of a portion of City-owned property on easement over Lot 36 of Shady Oaks and City Tiffany Ridge to the abutting property owners Manager recommending approval, presented and City Manager recommending approval, and read. Buol moved that the proof and presented and read. Buol moved that the proof communication be received and filed. Seconded and communication be received and filed. by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 541-02 RESOLUTION NO. 542-02 RESOLUTION DISPOSING OF INTEREST RESOLUTION DISPOSING OF CITY AND VACATE A 20-FOOT WIDE STORM INTEREST IN LOT 1, LOT 2, LOT 3, LOT 4, SEWER EASEMENT OVER LOT 36 OF LOT 5, LOT 6, LOT 7, AND LOT 8 OF BLOCK SHADY OAKS SUBDIVISION IN THE CITY OF 4 OF TIFFANY RIDGE, DUBUQUE, IOWA DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published Whereas, pursuant to resolution and published notice of time and place of hearing, published in notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, circulation published in the City of Dubuque, Iowa on the 27th day of September, 2002, the th Iowa on this 27 day of September, 2002, the City Council of the City of Dubuque, Iowa met on City Council of the City of Dubuque, Iowa met on the 7th day of October, 2002, at 6:30 p.m. in the th the 7 day of October, 2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11th Street, Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider Regular Session, October 7, 2002 409 the proposal for the sale of real estate described Section 8. That the sale of City of Dubuque as: real property described as Lot 8 of Block 4 of Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 6, Lot 7, and Tiffany Ridge in the City of Dubuque, Iowa to Lot 8 of Block 4 of Tiffany Ridge in the City of Jeffrey and Jayne Duve, be and the same is Dubuque, Iowa hereby approved for the sum of $1.00, plus cost Whereas, the City Council of the City of of publication, platting and filing fees. Dubuque, Iowa overruled any and all objections, Conveyance shall be by Quit Claim Deed. oral or written to the proposal to sell such real Section 9. That the Mayor be authorized and estate, except for easement as noted. directed to execute a Quit Claim Deed, and the NOW, THEREFORE, BE IT RESOLVED BY City Clerk be and is hereby authorized and THE CITY COUNCIL OF THE CITY OF directed to deliver said deed of conveyance to DUBUQUE, IOWA: Merlin Langkamp, Jeffrey and Jayne Duve, Section 1. That the sale of City of Dubuque George Coe, Mary Geisler, Keith Jeschke, Ray real property described as Lot 1 of Block 4 of Herzog, Darrell Deutmeyer, and Jeffrey and Tiffany Ridge in the City of Dubuque, Iowa to Jayne Duve upon receipt of the purchase price Merlin Langkamp, be and the same is hereby in full. approved for the sum of $1.00, plus cost of Section 10. That the City Clerk be and is publication, platting and filing fees. Conveyance hereby authorized and directed to record a shall be by Quit Claim Deed. certified copy of this resolution in the offices of Section 2. That the sale of City of Dubuque the City Assessor, Dubuque County Recorder real property described as Lot 2 of Block 4 of and Dubuque County Auditor. Tiffany Ridge in the City of Dubuque, Iowa to Passed, approved and adopted this 7th day of Jeffrey and Jayne Duve be and the same is October, 2002. hereby approved for the sum of $1.00, plus cost Terrance M. Duggan, Mayor of publication, platting and filing fees. Attest: Jeanne F. Schneider, CMC, City Clerk Conveyance shall be by Quit Claim Deed. Buol moved adoption of the Resolution. Section 3. That the sale of City of Dubuque Seconded by Nicholson. Motion carried 7-0. real property described as Lot 3 of Block 4 of Tiffany Ridge in the City of Dubuque, Iowa to Lease Agreement with ConAgra, Inc.: Proof of George Coe, be and the same is hereby publication on notice of hearing to consider approved for the sum of $1.00, plus cost of disposing of interest in real property by lease publication, platting and filing fees. Conveyance agreement with ConAgra Foods, Inc. d/b/a shall be by Quit Claim Deed. Peavey Company for property on the Twelfth Section 4. That the sale of City of Dubuque Street Extension and City Manager real property described as Lot 4 of Block 4 of recommending approval, presented and read. Tiffany Ridge in the City of Dubuque, Iowa to Michalski moved that the proof and Mary Geisler, be and the same is hereby communication be received and filed. Seconded approved for the sum of $1.00, plus cost of by Connors. Motion carried 7-0. publication, platting and filing fees. Conveyance RESOLUTION NO. 543-02 shall be by Quit Claim Deed. RESOLUTION DISPOSING OF AN INTEREST Section 5. That the sale of City of Dubuque IN REAL PROPERTY BY LEASE real property described as Lot 5 of Block 4 of AGREEMENT TO CONAGRA FOODS, INC. Tiffany Ridge in the City of Dubuque, Iowa to d/b/a PEAVEY COMPANY Keith Jeschke, be and the same is hereby approved for the sum of $1.00, plus cost of Whereas, the City of Dubuque, Iowa (City) is publication, platting and filing fees. Conveyance the owner of the real property legally described shall be by Quit Claim Deed. as: Lot 9, Block 4, River Front Subdivision # 2, Section 6. That the sale of City of Dubuque Dubuque, Iowa; and real property described as Lot 6 of Block 4 of Whereas, ConAgra Foods, Inc. d/b/a Peavey Tiffany Ridge in the City of Dubuque, Iowa to Company desires to lease the City Property for Ray Herzog, be and the same is hereby the purpose of storing commodities and other approved for the sum of $1.00, plus cost of river-related business activities upon the terms publication, platting and filing fees. Conveyance set forth in the Lease Agreement attached shall be by Quit Claim Deed. hereto; and Section 7. That the sale of City of Dubuque Whereas, the City Council has held a public real property described as Lot 7 of Block 4 of hearing on the City’s intent to dispose of the th Tiffany Ridge in the City of Dubuque, Iowa to foregoing-described City Property on the 7 day of Darrell Deutmeyer, be and the same is hereby October, 2002, pursuant to notice as required by approved for the sum of $1.00, plus cost of law, and following the public hearing overruled all publication, platting and filing fees. Conveyance objections thereto. shall be by Quit Claim Deed. 410 Regular Session, October 7, 2002 NOW, THEREFORE, BE IT RESOLVED BY THE Passed, approved and adopted this 7th day of CITY COUNCIL OF THE CITY OF DUBUQUE, October, 2002. IOWA: Terrance M. Duggan, Mayor Section 1. The City Council of the City of Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa, hereby approves the Lease Michalski moved adoption of the Resolution. Agreement with ConAgra Foods, Inc. d/b/a Seconded by Connors. Motion carried 7-0. Peavey Company, a copy of which is attached hereto, for the above-described City Property. Fiscal Year 2003 Budget Amendment: Proof Section 2. The Mayor is hereby authorized and of publication on notice of hearing to consider directed to sign the Lease Agreement on behalf of the first amendment to the Fiscal Year 2003 the City of Dubuque. budget and City Manager recommending Section 3. The City Clerk is hereby authorized approval, presented and read. Cline moved and directed to record this Resolution with the that the proof and communication be received Dubuque County Recorder. and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 7, 2002 411 Cline moved adoption of the Resolution. X Adopted, without amendment, and all Seconded by Nicholson. Motion carried 7-0. objections filed or made having been duly considered are overruled. 2000 Sidewalk Installation Program: Proofs of Adopted as amended by the Schedule of publication on notice of hearing on plans and Assessments attached hereto as Exhibit A, and specifications and notice to bidders on the made a part hereof by reference. All objections receipt of bids, and City Manager recommending filed or made having been duly considered are award of the contract for the 2000 Sidewalk overruled. Installation Program to Perry Construction in the Deferred for later consideration to a City amount of $24,985.34, presented and read. Council meeting to be held on the _____ day of Cline moved that the proofs and communication , 2002, next at 6:30 p.m. in the Public Library be received and filed. Seconded by Nicholson. Auditorium, with jurisdiction retained for further Motion carried 7-0. consideration and action at the adjourned meeting. RESOLUTION NO. 545-02 Abandoned. th RESOLUTION ADOPTING PLANS Passed, adopted and approved this 7 day of AND SPECIFICATIONS October, 2002. th Whereas, on the 11 day of September, 2002, Terrance M. Duggan, Mayor plans, specifications, form of contract and Attest: Jeanne F. Schneider, City Clerk estimated cost were filed with the City Clerk of Cline moved adoption of the Resolution. Dubuque, Iowa for the 2000 Sidewalk Seconded by Nicholson. Motion carried 7-0. Installation Program. RESOLUTION NO. 547-02 Whereas, notice of hearing on plans, AWARDING CONTRACT specifications, form of contract, and estimated cost was published as required by law. Whereas, sealed proposals have been NOW THEREFORE, BE IT RESOLVED BY submitted by contractors for the 2000 Sidewalk THE CITY COUNCIL OF THE CITY OF Installation Program pursuant to Resolution No. DUBUQUE, IOWA: 520-02 and notice to bidders published in a That the said plans, specifications, form of newspaper published in the City of Dubuque, th contract and estimated cost are hereby Iowa on the 20 day of September, 2002. approved as the plans, specifications, form of Whereas, said sealed proposals were opened th contract and estimated cost for said and read on the 26 day of September, 2002, improvements for said project. and it has been determined that the bid of Perry th Passed, adopted and approved this 7 day of Construction of Dubuque, Iowa in the amount of October, 2002. $24,985.34 was the lowest bid for the Terrance M. Duggan, Mayor furnishings of all labor and materials and Attest: Jeanne F. Schneider, CMC, City Clerk performing the work as provided for in the plans Cline moved adoption of the Resolution. and specifications. Seconded by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 546-02 DUBUQUE, IOWA: RESOLUTION RESCINDING RESOLUTION That the contract for the above improvement 472-00 AND APPROVING IN LIEU THEREOF be awarded to Perry Construction and the A NEW RESOLUTION WITH RESPECT TO Manager be and is hereby directed to execute a THE ADOPTION OF THE 2000 SIDEWALK contract on behalf of the City of Dubuque for the INSTALLATION PROGRAM complete performance of the work. Whereas, the City Council has proposed a BE IT FURTHER RESOLVED: Resolution of Necessity for the 2000 Sidewalk That upon the signing of said contract and the Installation Program has given notice of the approval of the contractor’s bond, the City public hearing thereon as required by law; and Treasurer is authorized and instructed to return Whereas, the public hearing has been held, all the bid deposits of the unsuccessful bidders. th persons offering objections have been heard Passed, approved and adopted this 7 day of and consideration given to all objections and is October, 2002. pending before this Council; and Terrance M. Duggan, Mayor Whereas, this is the time and place set as Attest: Jeanne F. Schneider, City Clerk provided for the taking of action on the proposed Cline moved adoption of the Resolution. Resolution of Necessity. Seconded by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Flora Park Rest Room Project: Proofs of DUBUQUE, IOWA: publication on notice of hearing on plans and That the proposed Resolution of Necessity specifications and notice to bidders on the described above is hereby: receipt of bids, and City Manager recommending 412 Regular Session, October 7, 2002 award of the contract for the Flora Park Rest Passed, approved and adopted this 7th day of Room Project to S & S Construction in the October, 2002. amount of $119,000, presented and read. Terrance M. Duggan, Mayor Markham moved that the proofs and Attest: Jeanne F. Schneider, City Clerk communication be received and filed. Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 548-02 First Street and Main Street Lighting Project: RESOLUTION ADOPTING Proofs of publication on notice of hearing on PLANS AND SPECIFICATIONS plans and specifications and notice to bidders on WHEREAS, on the 3rd day of September, the receipt of bids, and City Manager 2002, plans, specifications, form of contract and recommending award of the contract for the First estimated cost were filed with the City Clerk of Street and Main Street Lighting Project to A&G Dubuque, Iowa for the FLORA PARK REST Electric in the amount of $115,671.10, presented ROOM PROJECT. and read. Cline moved that the proofs and WHEREAS, notice of hearing on plans, communication be received and filed and specifications, form of contract, and estimated recommendation approved. Seconded by cost was published as required by law. Michalski. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 550-02 THE CITY COUNCIL OF THE CITY OF RESOLUTION ADOPTING DUBUQUE, IOWA: PLANS AND SPECIFICATIONS That the said plans, specifications, form of contract and estimated cost are hereby Whereas, on the 28th day of August, 2002, approved as the plans, specifications, form of plans, specifications, form of contract and contract and estimated cost for said estimated cost were filed with the City Clerk of st improvements for said project. Dubuque, Iowa for the 1 and Main Street Passed, approved and adopted this 7th day of Historical Lighting Project. October, 2002. Whereas, notice of hearing on plans, Terrance M. Duggan, Mayor specifications, form of contract, and estimated Attest: Jeanne F. Schneider, City Clerk cost was published as required by law. Markham moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 549-02 That the said plans, specifications, form of AWARDING CONTRACT contract and estimated cost are hereby WHEREAS, sealed proposals have been approved as the plans, specifications, form of submitted by contractors for the FLORA PARK contract and estimated cost for said REST ROOM PROJECT pursuant to Resolution improvements for said project. th No. 464-02, and notice to bidders published in a Passed, adopted and approved this 7 day of newspaper published in the City of Dubuque, October, 2002. Iowa, on the 13th day of September, 2002. Terrance M. Duggan, Mayor WHEREAS, said sealed proposals were Attest: Jeanne F. Schneider, City Clerk opened and read on the 26th day of September, Cline moved adoption of the Resolution. 2002, and it has been determined that the bid of Seconded by Michalski. Motion carried 7-0. S & S Construction in the amount of RESOLUTION NO. 551-02 $119,000.00 was the lowest bid for the AWARDING CONTRACT furnishings of all labor and materials and performing the work as provided for in the plans Whereas, sealed proposals have been st and specifications. submitted by contractors for the 1 and Main NOW THEREFORE, BE IT RESOLVED BY Street Historical Lighting Project pursuant to THE CITY COUNCIL OF THE CITY OF Resolution No. 551-02 and notice to bidders DUBUQUE, IOWA: published in a newspaper published in the City th That the contract for the above improvement of Dubuque, Iowa on the 6 day of September, be awarded to S & S Construction, and the 2002. Manager be and is hereby directed to execute a Whereas, said sealed proposals were opened th contract on behalf of the City of Dubuque for the and read on the 26 day of September, 2002, complete performance of the work. and it has been determined that the bid of A&G BE IT FURTHER RESOLVED: Electric of Dubuque, Iowa, in the amount of That upon the signing of said contract and the $115,671.10 was the lowest bid for the approval of the contractor's bond, the City furnishings of all labor and materials and Treasurer is authorized and instructed to return performing the work as provided for in the plans the bid deposits of the unsuccessful bidders. and specifications. Regular Session, October 7, 2002 413 NOW THEREFORE, BE IT RESOLVED BY Utility Relocation and Extension Project – Phase THE CITY COUNCIL OF THE CITY OF III pursuant to Resolution No. 473-02 and notice DUBUQUE, IOWA: to bidders published in a newspaper published th That the contract for the above improvement in the City of Dubuque, Iowa on the 6 day of be awarded to A&G Electric and the Manager be September, 2002. and is hereby directed to execute a contract on Whereas, said sealed proposals were opened th behalf of the City of Dubuque for the complete and read on the 19 day of September, 2002, performance of the work. and it has been determined that the bid of WC BE IT FURTHER RESOLVED: Stewart Construction of Dubuque, Iowa, in the That upon the signing of said contract and the amount of $337,837.45 was the lowest bid for approval of the contractor’s bond, the City the furnishings of all labor and materials and Treasurer is authorized and instructed to return performing the work as provided for in the plans the bid deposits of the unsuccessful bidders. and specifications. th Passed, approved and adopted this 7 day of NOW THEREFORE, BE IT RESOLVED BY October, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, CMC, City Clerk That the contract for the above improvement Cline moved adoption of the Resolution. be awarded to WC Stewart Construction and the Seconded by Michalski. Motion carried 7-0. Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the Port of Dubuque Phase #3 (Utilities) Project: complete performance of the 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 Port Treasurer is authorized and instructed to return of Dubuque Phase #3 (Utilities) Project to WC the bid deposits of the unsuccessful bidders. th Stewart Construction in the amount of Passed, approved and adopted this 7 day of $337,837.45, presented and read. Cline moved October, 2002. that the proofs and communication be received Terrance M. Duggan, Mayor and filed. Seconded by Nicholson. Motion Attest: Jeanne F. Schneider, City Clerk carried 7-0. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 552-02 RESOLUTION ADOPTING Markham moved that the rules be reinstated PLANS AND SPECIFICATIONS limiting discussion to the Council. Seconded by th Whereas, on the 28 day of August, 2002, Connors. Motion carried 7-0. plans, specifications, form of contract and estimated cost were filed with the City Clerk of ACTION ITEMS Dubuque, Iowa for the Port of Dubuque Utility Relocation and Extension Project – Phase III. Michele Harry – Request to Address the Whereas, notice of hearing on plans, Council: Request of Michele Harry to address specifications, form of contract, and estimated the City Council to present the current results of cost was published as required by law. the petitioning being performed in the north end NOW THEREFORE, BE IT RESOLVED BY community regarding the open water way, THE CITY COUNCIL OF THE CITY OF presented and read. Nicholson moved that the DUBUQUE, IOWA: communication be received and filed. Seconded That the said plans, specifications, form of by Buol. Motion carried 7-0. contract and estimated cost are hereby Michelle Harry spoke citing statistical approved as the plans, specifications, form of information of those petitioners in favor of the contract and estimated cost for said open water way and requested no more delays improvements for said project. in commencement of action to alleviate the th Passed, adopted and approved this 7 day of flooding. October, 2002. Petitions submitted by Michele Harry, Terrance M. Duggan, Mayor presented and read. Nicholson moved that the Attest: Jeanne F. Schneider, City Clerk petitions be received and filed. Seconded by Cline moved adoption of the Resolution. Buol. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Mayor Duggan turned control of the meeting to RESOLUTION NO. 553-02 Mayor Pro-Tem Buol due to possible conflict of AWARDING CONTRACT interest. Whereas, sealed proposals have been Mississippi Valley Truck Center, Inc. Property: submitted by contractors for the Port of Dubuque City Manager recommending approval of the 414 Regular Session, October 7, 2002 OFFICIAL PUBLICATION commencement of eminent domain proceedings ORDINANCE NO. 81-02 for acquisition of the property of Mississippi AN ORDINANCE AMENDING THE CODE OF Valley Truck Center, Inc. in the Port of Dubuque, ORDINANCES OF THE CITY OF DUBUQUE, presented and read. Cline moved that the proof IOWA, BY MODIFYING SUBSECTION (b) OF be received and filed. Seconded by Nicholson. SECTION 32-214 THEREOF PROVIDING FOR Motion carried 7-0. THE ADDITION OF STOP SIGNS ON VERNON RESOLUTION NO. 554-02 STREET AT GLEN OAK AUTHORIZING THE COMMENCEMENT OF NOW, THEREFORE, BE IT ORDAINED BY PROCEEDINGS FOR THE ACQUISITION BY THE CITY COUNCIL OF THE CITY OF EMINENT DOMAIN OF REAL PROPERTY DUBUQUE, IOWA: OWNED BY MISSISSIPPI VALLEY TRUCK Section 1. That the Code of Ordinances of the CENTER, INC. City of Dubuque, Iowa, be amended by adding Whereas, the City of Dubuque (City) intends to Vernon Street and Glen Oak to Subsection (b) of acquire certain real property owned by Section 32-214 thereof as follows: Mississippi Valley Truck Center, Inc., legally “Sec. 32-214. Stop Intersections. described on Exhibit A attached hereto (the (b) Property); and * * * * Whereas, by Resolution No. 269-02, adopted Eastbound and Westbound May 20, 2002, the City established the fair Vernon Street and Glen Oak Street th market value of the Property as $442,669.00; Passed, approved and adopted this 7 day of and October, 2002. Whereas, the City Manager and Corporation Terrance M. Duggan, Mayor Counsel have negotiated in good faith with Attest: Jeanne F. Schneider, CMC, City Clerk Mississippi Valley Truck Center, Inc. for the Published officially in the Telegraph Herald th purchase of the Property; and newspaper this 14 day of October, 2002. Whereas, the City has not been able to reach Jeanne F. Schneider, City Clerk an agreement for the voluntary acquisition of the 1t 10/14 property. Markham 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 The Corporation Counsel is hereby authorized suspended and further moved final to commence proceedings for the acquisition of consideration and passage of the Ordinance. the Property by eminent domain as provided by Seconded by Nicholson. Motion carried 7-0. law. th Passed, approved and adopted this 7 day of Seventeenth Street – No Parking Area: City October, 2002. Manager recommending approval of the creation Roy D. Buol, Mayor Pro-Tem of a new “No Parking” district between the hours Attest: Jeanne F. Schneider, City Clerk of 5:00 a.m. and 5:00 p.m. and that the south th Cline moved adoption of the Resolution. side of 17 Street be included within the district, Seconded by Nicholson. Motion carried 7-0. presented and read. Cline moved that the communication be received and filed. Seconded Mayor Duggan resumed control of the by Michalski. Motion carried 7-0. meeting. An Ordinance Amending the Code of Installation of Stop Signs – Vernon Street at Ordinances of the City of Dubuque, Iowa, by Glen Oak Street: City Manager recommending enacting a new Subsection (i) of Section 32-262 approval of the installation of stop signs on thereto providing for no parking between five Vernon Street at Glen Oak Street, presented o’clock (5:00) a.m. and five o’clock (5:00) p.m., and read. Markham moved that the Monday through Saturday, except public communication be received and filed. holidays and designating certain areas in Seconded by Nicholson. Motion carried 7-0. Subsection (i) in Section 32-262, presented and read. An Ordinance Amending the Code of OFFICIAL PUBLICATION Ordinances of the City of Dubuque, Iowa, by ORDINANCE NO. 82-02 modifying Subsection (b) of Section 32-214 AN ORDINANCE AMENDING CITY OF thereof providing for the addition of stop signs DUBUQUE CODE OF ORDINANCES BY on Vernon Street at Glen Oak, presented and ADDING A NEW SUBSECTION (i) TO read. SECTION 32-262 FOR THE ESTABLISHMENT OF PARKING RESTRICTIONS FROM Regular Session, October 7, 2002 415 MONDAY THROUGH SATURDAY FROM THE NOW THEREFORE, BE IT RESOLVED BY HOURS OF 5:00 AM TO 5:00 PM THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1.That the City Council hereby waives DUBUQUE, IOWA: Article IV, Design and Improvement Standards Section 1. hat the Code of Ordinances of the of the Subdivision Regulations, except Section City of Dubuque, Iowa, be amended by adding 42-19, Lots and Blocks. the following new Subsection (i) to Section 32-Section 2. That the final plat of Wild Wood 262 thereof as follows: Estates is hereby approved and the Mayor and (i) No Parking 5:00 AM to 5:00 PM, Monday City Clerk are hereby authorized and directed to Through Saturday, Except Holidays: When endorse the approval of the City of Dubuque, signs are erected giving notice thereof, no Iowa, upon said subdivision plat. person shall park a vehicle between the hours of Passed, approved and adopted this 7th day of five o’clock (5:00) a.m. to five o’clock (5:00) October 2002. p.m., Monday through Saturday, except Terrance M. Duggan, Mayor holidays, upon the following streets parts of Attest: Jeanne F. Schneider, City Clerk streets: Cline moved adoption of the Resolution. Seventeenth Street, west, from a point thirty Seconded by Nicholson. Motion carried 7-0. (30) feet west of Central Avenue to the alley east of Iowa Street. Disposition of Lamar Billboards on John F. th Passed, approved and adopted this 7 day of Kennedy Road and First Street: City Manager October, 2002. recommending that Lamar Advertising be issued Terrance M. Duggan, Mayor a notice of violation for the billboards on John F. Attest: Jeanne F. Schneider, City Clerk Kennedy Road (Calcars Hyundai) and First Published officially in the Telegraph Herald Street (U.S. Cellular) which would allow the newspaper this 14th day of October, 2002. billboards to remain until the advertising Jeanne F. Schneider, City Clerk contracts have lapsed, at which time the on- 1t 10/14 premise copy would be removed or subject to Cline moved that the requirement that a civil citation, presented and read. Markham proposed Ordinance be considered and voted moved to receive and file the communication on for passage at two Council Meetings prior to and approve the recommendation for the Lamar the meeting at which it is to be finally passed be Billboard at First Street. Seconded by Connors. suspended and further moved final Motion carried 7-0. consideration and passage of the Ordinance. Markham moved to receive and file and Seconded by Michalski. Motion carried 7-0. approve the recommendation for the Lamar Billboard on John F. Kennedy Road. Seconded Wild Wood Estates – Final Plat: City Manager by Nicholson. Carried by the following vote: recommending approval of the final plat of Wild Yeas—Buol, Connors, Duggan, Markham, Wood Estates, a new residential development Nicholson. Nays—Cline, Michalski. off of North Cascade Road in Dubuque County, presented and read. Cline moved that the proof Sunset Ridge Repaving Request: be received and filed. Seconded by Nicholson. Communication from Douglas M. Henry, Motion carried 7-0. representing residents of Sunset Ridge, requesting the repaving of Sunset Ridge as a RESOLUTION NO. 555-02 public street, and additional communication from RESOLUTION APPROVING THE FINAL PLAT Douglas Henry, presented and read. Buol OF WILD WOOD ESTATES IN DUBUQUE moved that the communication be received and COUNTY, IOWA filed. Seconded by Nicholson. Carried by the Whereas, there has been filed with the City following vote: Yeas—Buol, Cline, Connors, Clerk a final plat of Wild Wood Estates; and Markham, Michalski, Nicholson. Nays— Whereas, the preliminary plat has been Duggan. examined by the Zoning Advisory Commission Attorney Doug Henry, representing Sunset and has its approval endorsed thereon, with the Ridge property owners, spoke in support of the waiver of Article IV, Design and Improvement proposed Resolution. Standards of the Subdivision Regulations, RESOLUTION NO. 556-02 except for Section 41-29; and A RESOLUTION ACKNOWLEDGING THE Whereas, said final plat has been reviewed by ACCEPTANCE OF SUNSET RIDGE AS A the City Planner and had her approval endorsed PUBLIC STREET OF THE CITY OF DUBUQUE thereon; and Whereas, said final plat has been examined by NOW, THEREFORE, BE IT RESOLVED BY the City Council and they find that it conforms to THE CITY COUNCIL OF THE CITY OF the statutes and ordinances relating thereto. DUBUQUE, IOWA: 416 Regular Session, October 7, 2002 Whereas, on February 27, 1926, the plat of Carrie Zaber, Diamond Jo Casino, spoke in Sun Set Ridge, a Subdivision in the City of support of the gaming referendum. Dubuque, Iowa, was filed for record with the Nicholson moved that that the communication Recorder of Dubuque County; and be received and filed and that staff prepare a Whereas, said plat was duly approved by Resolution of Support. Seconded by Cline. Resolution of the City Council of the City of Carried by the following vote: Yeas—Markham, Dubuque, and such approval was duly endorsed Michalski, Nicholson, Buol, Cline, Connors. thereon by the Mayor; and Nays—None. Abstain—Duggan. Whereas, a roadway is shown upon the plat, consisting of a parcel designated Sun Set Drive John F. Kennedy Road – Removal of “No and including a cul-de-sac at the southerly end Parking” Restriction (First Reading on thereof, and 15 feet of additional right-of-way on September 3, 2002; Second Reading on all sides outside the platted boundaries of Sun September 16, 2002): Set Drive and a circular area in the center of the An Ordinance Amending Section 32-262 (d) of cul-de-sac, which roadway is now known as the City of Dubuque Code of Ordinances, Sunset Ridge; and prohibiting parking on designated streets or Whereas, no public record has been found of portions thereof by deleting portions of John F. the acceptance by the City of Dubuque of said Kennedy Road, said Ordinance having been roadway as a public street; and read on 9/3/02 and 9/16/02, now presented for Whereas, in order to resolve questions of final action. ownership and responsibility with respect to OFFICIAL PUBLICATION such roadway and to avoid the necessity of ORDINANCE NO. 83-02 litigation, a declaration must be made with AN ORDINANCE AMENDING SECTION 32- respect to acceptance of said roadway as a 262 (d) OF THE CITY OF DUBUQUE CODE OF public street; ORDINANCES, PROHIBITING PARKING ON NOW, THEREFORE, BE IT RESOLVED, BY DESIGNATED STREETS OR PORTIONS THE CITY COUNCIL OF THE CITY OF THEREOF BY DELETING PORTIONS OF DUBUQUE, IOWA, AS FOLLOWS: JOHN F. KENNEDY ROAD 1. That the City of Dubuque has accepted the roadway shown upon the recorded plat of Sun NOW, THEREFORE, BE IT ORDAINED BY Set Ridge, a Subdivision in the City of Dubuque, THE CITY COUNCIL OF THE CITY OF Iowa, a copy of which is attached hereto, DUBUQUE, IOWA: consisting of the parcel designated Sun Set Section 1. That the Code of Ordinances of the Drive and including a cul-de-sac on the City of Dubuque, Iowa, is amended by deleting southerly end thereof, and 15 feet of additional from Subsection (d) of Section 32-262 the right-of-way on all sides outside the platted following: boundaries of Sun Set Drive and a circular area John F. Kennedy Road, both sides, from in the center of the cul-de-sac, which roadway is University Avenue to the northerly terminus. now known as Sunset Ridge. Section 2. That the Code of Ordinances of the 2. That such acceptance is effective, nunc pro City of Dubuque, Iowa, is amended by adding to tunc, from the filing of the plat on February 26, Subsection (d) of Section 32-262 the following: 1926. John F. Kennedy Road, both sides, from 3. That the Clerk shall file a copy of this University Avenue to point two hundred thirty Resolution with the Dubuque County Recorder. feet (230’) north of Spring Valley Road and from th Passed, approved and adopted this 7 day of a point three hundred sixty feet (360’) south of October, 2001. the Northwest Arterial to its northerly terminus. Terrance M. Duggan, Mayor Passed, approved and adopted this 7th day of Attest: Jeanne F. Schneider, City Clerk October, 2002. Buol moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Nicholson. Carried by the following Attest: Jeanne F. Schneider, City Clerk vote: Yeas--Buol, Cline, Connors, Markham, Published officially in the Telegraph Herald th Michalski, Nicholson. Nays--Duggan. newspaper this 14 day of October, 2002. Jeanne F. Schneider, City Clerk Citizens Committed to Our Communities: 1t 10/14 Communication from Arnold N. Honkamp, Co-Buol moved final consideration and passage of Chair of the PAC Committee “Citizens the Ordinance. Seconded by Connors. Carried Committed to Our Communities” requesting that by the following vote: Yeas—Duggan, Markham, the City Council pass a resolution extolling the Buol, Connors. Nays—Michalski, Nicholson, benefits to the community of Dubuque’s two Cline. gambling facilities and urging all Dubuquers to vote Yes-Yes on November 5, 2002, presented COUNCIL MEMBER REPORTS and read. Regular Session, October 7, 2002 417 Connors recognized the Senior High School student who was in attendance at the meeting. Cline commended the young teenagers who Approved:__________________________2002 cleaned up City Island. Michalski praised the great collaborative effort put forth to get the Four Adopted:___________________________2002 Mounds accepted on the National Historic Register. ______________________________________ PUBLIC INPUT Mayor Darren White, a candidate for County ______________________________________ Supervisor, spoke introducing himself and commented he would work with the City ______________________________________ regarding the Land Use Map. ______________________________________ At 8:06 P.M. Buol moved to go into Closed Session re: Property Acquisition – Chapter ______________________________________ 21.5(1)(j) 2001 Code of Iowa. Seconded by Nicholson. Motion carried 7-0. ______________________________________ At 9:01 P.M. Council reconvened Regular Session stating that staff had been given proper ______________________________________ direction. Council Members There being no further business, Markham Attest: moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 9:02 ______________________________________ P.M. City Clerk /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/16 418 Special Session, October 21, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Monday, October 21, 2002 Council met for Dinner at 5:00 P.M. in the Second Floor Library Rotunda. Approved:__________________________2002 Council met in Special Session at 5:30 P.M. in the Public Library Auditorium Adopted:___________________________2002 Present: Mayor Duggan, Council Members Buol, Cline, Connors, Duggan, Markham, Michalski, Nicholson, City Manager Michael Van ______________________________________ Milligen, Assistant City Attorney Tim O’Brien. Mayor Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for the purpose of discussing the design of the ______________________________________ proposed Public Works facility. ______________________________________ Don Vogt, Operations and Maintenance Manager, spoke introducing the committee ______________________________________ members in attendance, who were Jon Wallenkamp of Kueny Architects LLC, Bob ______________________________________ Green, Water Plant Manager, Mike Brekke, Water Distribution Supervisor, John Klosterman, ______________________________________ Street Maintenance Supervisor, and Rich Council Members Russell, Building Department Manager. Jon Wallenkamp then gave a presentation on the Attest: proposed facility with Bob Green and Mike Brekke clarifying aspects of the proposed new ______________________________________ facility. City Clerk There being no further business, Cline moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 6:09 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/30 Regular Session, October 21, 2002 419 DUBUQUE received and filed. Seconded by Nicholson. Motion carried 7-0. CITY COUNCIL OFFICIAL Notice of Claims/Suits: American Trust and PROCEEDINGS Savings Bank for property damage; Paul Beyer for property damage; Hartig Drug Company for City Council, Regular Session, October 21, property damage; Nancy M. and Lynn J. Kalina 2002 for personal injury; Mike Kilcoyne for property Council met in Regular Session at 6:30 P.M. in damage; Garry Swank for property damage, the Public Library Auditorium presented and read. Michalski moved that the Present: Mayor Duggan, Council Members claims and suits be referred to the Legal Staff for Buol, Cline, Connors, Markham, Michalski, investigation and report. Seconded by Nicholson, City Manager Michael Van Milligen, Nicholson. Motion carried 7-0. Assistant City Attorney Tim O’Brien. Corporation Counsel advising that the Mayor Duggan read the call and stated this is following claims have been referred to Public the Regular Session of the City Council called Entity Risk Services of Iowa, the agent for the for the purpose of discussing such matters Iowa Communities Assurance Pool: American which may properly come before the City Trust and Savings Bank for property damage Council. and Garry Swank for property damage, presented and read. Michalski moved that the The invocation was given by Sister Dorothy communications be received and filed and Heiderscheit, President of the Sisters of St. concurred. Seconded by Nicholson. Motion Francis. carried 7-0. Proclamations: Childhood Lead Poisoning Corporation Counsel recommending denial of Prevention Week (October 20 – 26, 2002) the claims of Paul Beyer for vehicle damage; received by Mary Rose Corrigan and Michelle Darryl Galle for property damage; Richard J. Lowe; Red Ribbon Week (October 23 – 31, Hartig for property damage; Marty Meisenburg 2002) received by Aaron Donath and Brett for property damage; Garry Pape for property Mueller. damage; Mike Portzen of Portzen Construction for loss of revenue, presented and read. CONSENT ITEMS Michalski moved that the communications be received and filed and concurred. Seconded by Minutes Submitted: Airport Commission of Nicholson. Motion carried 7-0. 9/26; City Council of 10/7; Housing Code Appeals Board of 8/20; Human Rights Citizen Communications: Commission of 9/9; Long Range Planning Commission of 10/18; Plumbing Board of 10/8; Communication from Eugene F. Schmidt Zoning Advisory Commission of 10/2; Zoning regarding the replacement of trees in Dubuque Board of Adjustment of 9/26, presented and and environs, presented and read. Michalski read. Michalski moved that the minutes be moved that the communication be received and received and filed. Seconded by Nicholson. filed and referred to the City Manager. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Proofs of publication of City Council Communication from the Board of Directors of Proceedings of 9/26 and List of Claims and the Dubuque-Jackson Counties Habitat for Summary of Revenues for month ending August Humanity regarding storm water run-off 31, 2002, presented and read. Michalski moved problems on lots at 10 Nevada Street and 1431 that the proofs be received and filed. Seconded YM/YW Drive, presented and read. Michalski by Nicholson. Motion carried 7-0. moved that the communication be received and filed and referred to the City Manager. Printed City Council Official Proceedings for Seconded by Nicholson. Motion carried 7-0. August, 2002, presented and read. Michalski moved that the proceedings be approved as Communication from Gary W. Reid in support printed. Seconded by Nicholson. Motion of the proposed Wal-Mart Store on the former carried 7-0. FDL property and urging the City to provide incentives, if necessary, presented and read. Finance Director submitting the City of Michalski moved that the communication be Dubuque Financial Reports for the month ending received and filed and referred to the City September 30, 2002, presented and read. Manager. Seconded by Nicholson. Motion Michalski moved that the communication be carried 7-0. 420 Regular Session, October 21, 2002 Fitz Place – Plat of Survey: Zoning Advisory Communication from Christopher and Jennifer Commission recommending approval of the Plat Kennedy requesting to purchase a portion of of Survey of Lots 1 through 5 of Fitz Place, City-owned property behind 2345 Roosevelt and located at 3232 Sheridan Road, at the request of 2349 Roosevelt Street, presented and read. John Fitz, presented and read. Michalski moved Michalski moved that the communication be that the communication be received and filed. received and filed and referred to the City Seconded by Nicholson. Motion carried 7-0. Manager. Seconded by Nicholson. Motion RESOLUTION NO. 557-02 carried 7-0. RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 THRU 5 OF FITZ PLACE United States Department of the Interior: Communication from the United States Whereas, there has been filed with the City Department of the Interior advising that the Clerk a Plat of Survey of Lots 1 thru 5 of Fitz City’s application for a Fiscal Year 2002 Save Place as comprised of Lot 1-1-1-1-1-1-1-1-1-1- America’s Treasures Historic Preservation Fund 16 and Lot 1-1-1-2-16, both of Clark’s grant for the Dubuque Shot Tower was not Subdivision, located in the SW 1/4, Section 12, th selected for funding, presented and read. T89N, R2E of the 5 P.M., in the City of Michalski moved that the communication be Dubuque, Dubuque County, Iowa; and received and filed. Seconded by Nicholson. Whereas, said plat provides Lots 2 thru 5 with Motion carried 7-0. approximately 3,500 square feet of lot area and 0 feet of lot frontage, where 5,000 square feet of International Total Services, Inc.: lot area and 50 feet of lot frontage respectively Communication from Scott E. Brewer, are required; and International Total Services, Inc., advising that Whereas, said Plat of Survey has been they have been required to cease its pre-board examined by the zoning Advisory Commission screening services at the Dubuque Municipal and had its approval endorsed thereon; and Airport as the Federal government will be taking Whereas, said Plat of Survey has been over this operation, presented and read. examined by the City Council and they find that Michalski moved that the communication be it conforms to the statutes and ordinances received and filed. Seconded by Nicholson. relating thereto. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Tower Hills Drive: Communication from DUBUQUE, IOWA: Thomas J. Straka, representing Brian Feldman, Section 1. That Section 42-19(b) of the notifying the City that Mr. Feldman has denied a Subdivision Regulations is waived to allow Lots request from Ed Tschiggfrie to relinquish his 2 thru 5 with approximately 3,500 square feet of private drive at the end of Tower Hills Drive in lot area and 0 feet of lot frontage, where 5,000 Key West to the City for the purpose of making it square feet of lot area and 50 feet of long a public street and requesting that he be notified frontage respectively are required. if this subject comes before the City Council, Section 2. That the survey plat of Lots 1 thru 5 presented and read. Michalski moved that the of Fitz Place as comprised of Lot 1-1-1-1-1-1-1- communication be received and filed. Seconded 1-1-1-16 and Lot 1-1-1-2-16, both of Clark’s by Nicholson. Motion carried 7-0. Subdivision, located in the SW 1/4, Section 12, th T89N, R2E of the 5 P.M., in the City of Dubuque County Board of Supervisors: Dubuque, Dubuque County, Iowa is hereby Communication from Donna L. Smith, Dubuque approved, and the Mayor and City Clerk are County Board of Supervisors, advising that they hereby authorized and directed to endorse the have adopted the proposed Comprehensive approval of the City of Dubuque, Iowa upon said Land Use Development Plan and Future Land Plat of Survey. Use Development Map, presented and read. Passed, approved and adopted this 21st day Michalski moved that the communication be of October 2002 received and filed. Seconded by Nicholson. Terrance M. Duggan, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Mediacom: Communication from Mediacom Seconded by Nicholson. Motion carried 7-0. Communications Corporation advising of a channel line-up change, presented and read. Northrange Industrial Park No. 3 – Plat of Michalski moved that the communication be Survey: Zoning Advisory Commission received and filed. Seconded by Nicholson. recommending approval of the Plat of Survey of Motion carried 7-0. Northrange Industrial Park No. 3, located on Pennsylvania Avenue, at the request of Steve Smith, presented and read. Michalski moved Regular Session, October 21, 2002 421 that the communication be received and filed. Downtown Master Plan – American Seconded by Nicholson. Motion carried 7-0. Architectural Foundation for Public Outreach Grant Application: City Manager recommending RESOLUTION NO. 558-02 approval of a $3,000 American Architectural RESOLUTION APPROVING THE PLAT OF Foundation grant application for public outreach SURVEY NORTHRANGE INDUSTRIAL PARK education programs to introduce the Downtown NO. 3 IN THE CITY OF DUBUQUE, IOWA . Master Plan to the Dubuque community, Whereas, there has been filed with the City presented and read. Michalski moved that the Clerk a plat of Survey Northrange Industrial Park communication be received and filed. Seconded No. 3 in the City of Dubuque, Iowa; and by Nicholson. Motion carried 7-0. Whereas, said Plat of Survey has been RESOLUTION NO. 559-02 examined by the Zoning Advisory Commission RESOLUTION APPROVING THE SUBMITTAL and has its approval endorsed thereon; with the OF AN APPLICATION FOR AMERICAN conditions that no further lot split of Lot 1 can ARCHITECTURAL GRANT FUNDING – occur an east to west direction without PUBLIC OUTREACH FOR THE DOWNTOWN improvement and dedication of a platted street MASTER PLAN. to provide public access; and Whereas, said Plat of Survey has been Whereas, the American Architectural examined by the City Council and they find that Foundation has announced the availability of it conforms to statutes and ordinances relating funding through its “Accents on Architecture” thereto; and grants; and Whereas, the City Council concurs in the Whereas, public outreach is an eligible activity; condition of approval established by the Zoning and Advisory Commission. Whereas, The City’s downtown master NOW THEREFORE, BE IT RESOLVED BY planning process identifies important public THE CITY COUNCIL OF THE CITY OF outreach components. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the Plat of Survey Northrange THE CITY COUNCIL OF THE CITY OF Industrial Park No. 3 in the City of Dubuque, DUBUQUE, IOWA: Iowa, is hereby approved, and the Mayor and Section 1. That the Planning Services City Clerk are hereby authorized and directed to Manager is authorized to submit this application endorse the approval of the City of Dubuque, to the American Architectural Foundation for Iowa upon said Plat of Survey provided that the public outreach educational programs to owner of said property shall execute a written introduce the finalized Downtown Master Plan to acceptance hereto attached, acknowledging and the Dubuque community. agreeing: Section 2. That the City Council authorizes the a) No further lot split of Lot 1 can occur in an Planning Services Manager to utilize budgeted east to west direction without improvement and funds to provide the match required by this dedication of a platted street to provide public program. access. Section 3. That in the event said application is Section 2. That in the event the owner fails to approved, the City Council hereby provides its execute the Acceptance provided for in Section written assurance that the completed project will 1 herein within forty-five (45) days after the date be adequately maintained for its intended public of this Resolution, the provisions herein shall be use for a minimum of twenty (20) years following null and void and the approval of the plat shall the project. not be effective. Passed, approved and adopted this 21st day Passed, approved and adopted this 21st day of October 2002. of October 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. ACCEPTANCE OF RESOLUTION NO. 558-02 Seconded by Nicholson. Motion carried 7-0. I, the undersigned, Steve Smith, having read the terms and conditions of the Resolution No. Subgrantee Agreement with Dubuque County 558-02 and being familiar with the conditions Historical Society: City Manager recommending thereof, hereby accept this same and agree to approval of a Subgrantee Agreement with the the conditions required therein. Dubuque County Historical Society for the st Dated in Dubuque, Iowa this 21 day of National Scenic Byways Grant for design and October 2002. construction of exhibits for the Great River Road /s/ Steve Smith Interpretive Center, presented and read. Michalski moved adoption of the Resolution. Michalski moved that the communication be Seconded by Nicholson. Motion carried 7-0. received and filed and recommendation 422 Regular Session, October 21, 2002 PROTECTION AGENCY FOR THE approved. Seconded by Nicholson. Motion BROWNFIELDS ASSESSMENT DEMONSTR- carried 7-0. ATION PILOT PROGRAM FOR ENVIRON- MENTAL ASSESSMENTS IN THE PORT OF Jaeger Heights No. 2 – Phase Two: City DUBUQUE. Manager recommending acceptance of the public improvements in Jaeger Heights No. 2 - Whereas, the City of Dubuque is in the Phase Two which the developer, Lloyd S. process of redeveloping the Port of Dubuque; Gudenkauf, has recently completed, presented and and read. Michalski moved that the Whereas, certain properties in the Port of communication be received and filed. Seconded Dubuque may be in need of environmental by Nicholson. Motion carried 7-0. assessment, and cleanup to promote their sustainable reuse; and RESOLUTION NO. 560-02 Whereas, the Environmental Protection ACCEPTING IMPROVEMENTS IN JAEGER Agency (EPA) provides grants for environmental HEIGHTS SUBDIVISION NO. 2 - PHASE 2 assessments under the Brownfields Assessment Whereas, pursuant to Resolution 540-99, Demonstration Pilot program; and certain improvements including street paving, Whereas, a formal application for a $200,000 storm sewer, sanitary sewer, watermain, and grant from the Brownfields Assessment street lighting were installed by the developer of Demonstration Pilot program has been approved Jaeger Heights Subdivision No. 2 – Phase 2; by the City Council on July 1, 2002, and said and application has been approved for funding, and Whereas, the improvements have been a Cooperative Agreement has been executed by completed and the City Manager has examined EPA. the work and has filed a certificate stating that NOW THEREFORE BE IT RESOLVED BY the same has been completed in accordance THE CITY COUNCIL OF DUBUQUE, IOWA: with the plans approved by the City Council and The Cooperative Agreement, attached hereto, in conformance with City specifications, and has for the Brownfields Assessment Demonstration recommended that the improvements be Pilot program is hereby approved and the Mayor accepted by the City Council. is hereby directed and authorized to execute the NOW THEREFORE, BE IT RESOLVED BY Agreement on behalf of the City of Dubuque. THE CITY COUNCIL OF THE CITY OF Passed, approved, and adopted this 21st day DUBUQUE, IOWA: of October 2002. Section 1. That the recommendation of the Terrance M. Duggan, Mayor City Manager be approved and that said Attest: Jeanne F. Schneider, City Clerk improvements in Jaeger Heights Subdivision No. Michalski moved adoption of the Resolution. 2 – Phase 2 and the same is hereby accepted. Seconded by Nicholson. Motion carried 7-0. Section 2. That maintenance of said improvements shall be the responsibility of the Fourth Street Parking Ramp Project: City contractor and the owner for a period of two Manager recommending acceptance of the years from this date. Fourth Street Parking Ramp Construction Passed, adopted and approved this 21st day Project as completed by Conlon Construction, in of October, 2002. the final contract amount of $5,789,960, Terrance M. Duggan, Mayor presented and read. Michalski moved that the Attest: Jeanne F. Schneider, City Clerk communication be received and filed. Seconded Michalski moved adoption of the Resolution. by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 562-02 ACCEPTING PROJECT Cooperative Agreement for EPA Grant: City Manager recommending approval of a Whereas, the contract with Conlon th Cooperative Agreement with the Environmental Construction Company for the 4 Street Parking Protection Agency (EPA) for a Brownfields Ramp Construction Project has been completed Assessment Demonstration Pilot Program in the and the City Manager has examined the work amount of $200,000 to complete Phase I and and filed his certificate stating that the same has Phase II environmental assessments in the Port been completed according to the terms of the of Dubuque, presented and read. Michalski contracts, plans and specifications and moved that the communication be received and recommends its acceptance. filed. Seconded by Nicholson. Motion carried 7-NOW, THEREFORE, BE IT RESOLVED BY 0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 561-02 Section 1. That the recommendation of the RESOLUTION APPROVING A COOPERATIVE City Manager be approved and that said project AGREEMENT WITH THE ENVIRONMENTAL be and the same is hereby accepted. Regular Session, October 21, 2002 423 Section 2. Notwithstanding the acceptance of requesting Council approval of a Consent and the project, the City reserves any and all claims Subordination to Second Mortgage Agreement, it may have against Conlon Construction presented and read. Michalski moved that the Company with respect to the construction communication be received and filed. Seconded project. by Nicholson. Motion carried 7-0. BE IT FURTHER RESOLVED that the City RESOLUTION NO. 564-02 Treasurer be and he is hereby directed to pay to APPROVING CONSENT AND SUBOR- the contractor from the General Obligation Bond DINATION TO SECOND MORTGAGE issued for the project. AGREEMENT FOR PLATINUM HOLDINGS, Passed, approved and adopted this 21st day L.L.C. IN FAVOR OF AMERICAN TRUST AND of October, 2002. SAVINGS BANK Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Whereas, the City of Dubuque (City) has Michalski moved adoption of the Resolution. entered into an Amended Development Seconded by Nicholson. Motion carried 7-0. Agreement, Lease Agreement and Parking Use Agreement with Platinum Holdings, L.L.C. RESOLUTION NO. 563-02 (Platinum) for the development of certain FINAL ESTIMATE property owned by the City (the Property) for a Whereas, the contract with Conlon hotel and water park; and th Construction Company for the 4 Street Parking Whereas, Platinum has requested that City Ramp Construction Project with Conlon consent to a second mortgage of the Property in Construction Company has been completed and favor of American Trust & Savings Bank (the the City Manager has submitted his final Bank) and that City subordinate its interests in estimate showing the cost thereof including the the Property to the second mortgage, a copy of cost of estimates, notices and inspection and all which Consent and Subordination to Mortgage is miscellaneous costs. attached hereto; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, the City Council finds that it is in the THE CITY COUNCIL OF THE CITY OF best interests of the City to approve Platinum’s DUBUQUE, IOWA: request. Section 1. That the cost of the said project is NOW, THEREFORE, BE IT RESOLVED BY hereby determined to be $5,789,960.00 and the THE CITY COUNCIL OF THE CITY OF said amount shall be paid from the General DUBUQUE, IOWA: Obligation Bond issued for the project. Section 1. The Consent and Subordination to Section 2. Notwithstanding the acceptance of Mortgage are hereby approved; and the project, the City reserves any and all claims Section 2. The Mayor Pro Tem is hereby it may have against Conlon Construction authorized and directed to execute the Company with respect to the construction documents on behalf of the City. project. Passed, approved and adopted this 21st day st Passed, approved and adopted this 21 day of of October, 2002. October, 2002. Roy D. Buol, Mayor Pro Tem 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 Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. Business Licenses: Lease with the Dubuque County Historical RESOLUTION NO. 565-02 Society: City Manager recommending approval of a short-term lease agreement with the NOW, THEREFORE, BE IT RESOLVED BY Dubuque County Historical Society for the old THE CITY COUNCIL OF THE CITY OF United Rentals Building at 301 Iowa Street for DUBUQUE, IOWA: use as a storage building, presented and read. That the following having complied with the Michalski moved that the communication be provisions of law relating to the sale of received and filed and recommendation Cigarettes within the City of Dubuque, Iowa, be approved. Seconded by Nicholson. Motion granted a permit to sell Cigarettes and Cigarette carried 7-0. Papers within said City. RENEWAL Platinum Holdings, L.L.C.: City Manager Bricktown / Stonewall Lounge Underground recommending approval of a Consent and Cooper Management LLC 299 Main St st Subordination to Second Mortgage Agreement Passed, approved and adopted this 21 day for Platinum Holdings, L.L.C. and of October, 2002. communication from Wayne A. Norman, Jr., Terrance M. Duggan, Mayor representing American Trust and Savings Bank, Attest: Jeanne F. Schneider, City Clerk 424 Regular Session, October 21, 2002 Michalski moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. RESOLUTION NO. 566-02 Seconded by Markham. Motion carried 7-0. Whereas, applications for Liquor Licenses RESOLUTION NO. 568-02 have been submitted to this Council for approval FIXING DATE OF HEARING and the same have been examined and ON PLANS AND SPECIFICATIONS approved; and Whereas, the premises to be occupied by such Whereas, the City Council of the City of applicants were inspected and found to comply Dubuque, Iowa has given its preliminary with the State Laws and all City Ordinances approval on the proposed plans, specifications, relevant thereto and they have filed proper and form of contract and placed same on file in bonds. the office of the City Clerk for public inspection NOW, THEREFORE, BE IT RESOLVED BY of the City Hall Annex Roof and Gutter THE CITY COUNCIL OF THE CITY OF Replacement Project. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY That the Manager be authorized to cause to be THE CITY COUNCIL OF THE CITY OF issued the following named applicants a Liquor DUBUQUE, IOWA: License. That on the 18th day of November, 2002, a CLASS “C” BEER/LIQUOR LICENSE public hearing will be held at 6:30 p.m. in the Raysan Corp. Bridge Restaurant+ Public Library Auditorium at which time (Sunday Sale) 31 Locust St interested persons may appear and be heard for Scandals Inc Scandals + or against the proposed plans and (Sunday Sale) 3203 Jackson St specifications, form of contract and cost of said SPECIAL CLASS “C” LIQUOR LICENSE improvement, and the City Clerk be and is Carols Wine Company Grape Harbor+ hereby directed to cause a notice of time and (Sunday Sale) 123 Main St place of such hearing to be published in a CLASS “B” WINE newspaper having general circulation in the City Family Mart, Inc Family Mart of Dubuque, Iowa, which notice shall be not less 3201 Central Ave. than four days nor more than twenty days prior st Passed, approved and adopted this 21 day of to the day fixed for its consideration. At the October, 2002 hearing, any interested person may appear and Terrance M. Duggan, Mayor file objections to the proposed plans, Attest: Jeanne F. Schneider, City Clerk specifications, contract, or estimated cost of the Michalski moved adoption of the Resolution. improvement. Seconded by Nicholson. Motion carried 7-0. Passed, approved and adopted this 21st day of October, 2002. ITEMS TO BE SET FOR PUBLIC HEARING Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk City Hall Annex Roof Replacement Project: Michalski moved adoption of the Resolution. City Manager recommending initiation of the Seconded by Markham. Motion carried 7-0. bidding process for the City Hall Annex Roof RESOLUTION NO. 569-02 Replacement Project and setting a public ORDERING BIDS hearing for November 18, 2002, presented and read. Michalski moved that the communication NOW THEREFORE, BE IT RESOLVED BY be received and filed. Seconded by Markham. THE COUNCIL OF THE CITY OF DUBUQUE, Motion carried 7-0. IOWA: That the City Hall Annex Roof and Gutter RESOLUTION NO. 567-02 Replacement 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 City Hall adopted. Annex Roof & Gutter Replacement Project, in That the City Clerk is hereby directed to the estimated amount of $34,854, are hereby advertise for bids for the construction of the approved and ordered filed in the office of the improvements herein provided, to be published City Clerk for public inspection. in a newspaper having general circulation in the Passed, approved and adopted this 21st day City of Dubuque, Iowa, which notice shall not be of October, 2002. less than four days nor more than forty-five days Regular Session, October 21, 2002 425 prior to the receipt of said bids at 2:00 p.m. on assure that the City extends a full and fair the 7th day of November, 2002. Bids shall be opportunity to all developers interested in opened and read by the City Clerk at said time submitting a proposal, a summary of submission and will be submitted to the Council for final requirements and minimum requirements and action at 6:30 p.m. on the 18th day of competitive criteria for the property offering is November, 2002. included herein; and Passed, approved and adopted this 21st day Whereas, said Developer has tendered an of October, 2002. Offer to Buy Real Estate and Acceptance with Terrance M. Duggan, Mayor the City, attached hereto as Exhibit “A”; and Attest: Jeanne F. Schneider, City Clerk Whereas, to recognize both the firm proposal for Michalski moved adoption of the Resolution. disposition of the property already received by Seconded by Markham. Motion carried 7-0. the City, as described above, and to give full and fair opportunity to other developers interested in Port of Dubuque Land Sale: City Manager submitting a proposal for development of the recommending that a public hearing be set for property, this Council should by this Resolution: November 25, 2002 to consider the sale of 1) Set the Fair Market Value of the parcel as property in the Port of Dubuque to Dubuque determined by an independent appraiser for Initiatives, presented and read. Michalski uses in accordance with the Urban Renewal moved that the communication be received and Plan; filed. Seconded by Markham. Motion carried 7- 2) Approve the minimum requirements and 0. competitive criteria included herein; 3) Approve as to form the Developer’s Offer RESOLUTION NO. 570-02 to Buy Real Estate and Acceptance attached RESOLUTION (1) APPROVING THE MINIMUM hereto as Exhibit “A”; REQUIREMENTS, COMPETITIVE CRITERIA, 4) Set a date for receipt of competing AND OFFERING PROCEDURES FOR proposals and the opening thereof; DISPOSITION OF CERTAIN REAL 5) Declare that the proposal submitted by PROPERTY IN THE ICE HARBOR URBAN Developer satisfies the minimum requirements RENEWAL DISTRICT; (2) DETERMINING of the offering, and that in the event no other THAT THE OFFER TO BUY REAL ESTATE qualified proposal is timely submitted that the AND ACCEPTANCE SUBMITTED BY City Council intends to approve such proposal DUBUQUE INITIATIVES SATISFIES THE and authorize the City Manager to sign the Offer OFFERING REQUIREMENTS WITH RESPECT to Buy Real Estate and Acceptance; and direct TO THE REAL PROPERTY AND DECLARING publication of notice of said intent; THE INTENT OF THE CITY COUNCIL TO 6) Approve and direct publication of a notice APPROVE THE OFFER TO BUY REAL to advise any other person of the opportunity to ESTATE AND ACCEPTANCE WITH compete for purchase of the property for DUBUQUE INITIATIVES IN THE EVENT THAT development on the terms and conditions set NO COMPETING PROPOSALS ARE forth herein; SUBMITTED; AND (3) SOLICITING 7) Declare that in the event another qualified COMPETING PROPOSALS . proposal is timely submitted and accepted, Whereas, the City Council of Dubuque, Iowa, another and future notice will be published on did on March 4, 2002, adopt an Amended and the intent of the City to enter into the resulting Restated Urban Renewal Plan for the Ice Harbor contract, as required by law Urban Renewal District (the “Plan”) for the Whereas, the City Council believes it is in the Urban Renewal Area described therein; and best interest of the City and the Plan to act as Whereas, such Plan provides, among other expeditiously as possible to offer this property things, for the disposition of properties for for development as set forth herein. private development purposes as a proposed NOW, THEREFORE, BE IT RESOLVED BY economic development action; and THE CITY COUNCIL OF THE CITY OF Whereas, Dubuque Initiatives (“Developer”) DUBUQUE, IOWA: has submitted to the City an Offer to Buy Real Section 1. That the following described Estate and Acceptance for the acquisition of property shall be offered for development in certain property hereinafter described for accordance with the terms and conditions redevelopment purposes, together with the contained in this Resolution, to wit: request that this property be made available for Cypress Street, Wall Street, Washington disposition as rapidly as possible; and Street except that part from Market Street to Whereas, in order to establish reasonably Cypress Street and alleys located between the competitive bidding procedures for the NE'LY line of Sixth Street and the NW'LY line of disposition of the property in accordance with Market Street and the SE'LY right of way line of the statutory requirements of Chapter 403, Code the Canadian National Illinois Central Railroad in of Iowa, 2001, specifically, Section 403.8, and to the City of Dubuque, Dubuque County, Iowa 426 Regular Session, October 21, 2002 Lots 15, 16, 17, 18, 19, 20, 21, and 22; and, Section 4. That the Offer to Buy Real Estate That part of lots 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, and and Acceptance by and between the City and 14, lying southerly of a line which is parallel to the Developer be and is hereby approved as to and 50 feet southerly from the Centerline of the form for the purposes hereinafter stated. Illinois Central Gulf Railroad Company's main Section 5. That for the purpose of defining the Tract, as now located; all in Block 18, In offering of the property for development, said Dubuque Harbor Improvement Company's Offer to Buy Real Estate and Acceptance shall Addition, in the City of Dubuque, Iowa, be deemed to be illustrative of the terms according to the recorded Plat thereof. acceptable to the City with respect to: Lot 1A of vacated alley in Block 18 of Dubuque a) Purchase price; Harbor Improvement Company's Addition from b) Conveyance of property; Market Square to the I.C.R.R. R.O.W. In the City c) City participation; of Dubuque, Iowa, according to the recorded d) Conditions; Plats thereof. e) General terms and provisions Lots 31, 32, 33, 34, 35, and 36, in Block 21, Section 6. That the Offer to Buy Real Estate Lots 1 to 38, both inclusive, in Block 27, and and Acceptance submitted by the Developer Lots 31, 33, 34, and 35, in Block 28, satisfies the requirements of the offering and, in All in Dubuque Harbor Improvement Co.'s the event that no other qualified proposals are Addition, In the City of Dubuque, Iowa, timely submitted, that the City Council intends to according to the accept and approve the Offer to Buy Real Estate Recorded plat of said Addition. and Acceptance. Lots 1, 33, 34, 35, 36, in Block 20; Section 7. That it is hereby determined that the Lots numbered 3 to 19, inclusive, in Block 21; Developer possesses the qualifications, financial That part of lots 2, 3, 4, 31 and 32, in Block 20, resources and legal ability necessary to acquire and, and develop the property in the manner That part of lots 8 and 27, in Block 28, lying proposed by this offering in accordance with the easterly of the Plan. Dubuque & Dunleith Bridge Company's right of Section 8. That it is hereby determined that the way; disposition price for the property offered to the Lots 1, 2, 3, 4, 5, 6, 7, 28, 29, 30, and 32, in Developer shall be in the amount of the Fair Block 28; Market Value as established by the City Council All in Dubuque Harbor Improvement for uses in accordance with the Plan. Company's Addition, in the City of Dubuque, Section 9. That the City Clerk shall receive and Iowa, according to the respective recorded Plats retain for public examination the attached Offer thereof. to Buy Real Estate and Acceptance submitted Section 2. That the Fair Market Value of the by the Developer and, in the event no other property is hereby established as qualified proposals are timely submitted, shall $1,641,036.00. resubmit the same to the City Council for final Section 3. That it is hereby determined that in approval and execution upon expiration of the order to qualify for consideration for selection, notice hereinafter prescribed. any person must submit a proposal which meets Section 10. That the action of the City Council these minimum requirements: be considered to be and does hereby constitute a) Contains an agreement to acquire the notice to all concerned of the intention of this property at not less than the Fair Market Value Council, in the event that no other qualified for use in accordance with the Plan; proposals are timely submitted, to accept the b) Is intended for the redevelopment of the proposal of the Developer to acquire and property for use by expansion of an existing develop the property and to approve the Offer to business or establishing a new business in Buy Real Estate and Acceptance by and conformance with the Plan; between City and Developer. c) Sets out or provides to the satisfaction of Section 11. That the official notice of this the City Council the proposed developer’s offering and of the intent of the City, in the event experience in working with other development no other qualified proposals are timely projects and with construction; submitted, to approve the Offer to Buy Real d) Sets out or provides to the satisfaction of Estate and Acceptance, shall be a true copy of the City Council the experience of the principals this Resolution, but without the attachments and key staff who are directly engaged in referred to herein. performance of contract obligations in carrying Section 12. That the City Clerk is authorized out projects of similar scale and character; and and directed to secure immediate publication of e) Meets, at a minimum, the conditions of the said official notice in the Telegraph Herald, a Offer to Buy Real Estate and Acceptance newspaper having a general circulation in the submitted by the Developer. community, by publication of the text of this Regular Session, October 21, 2002 427 Resolution without attachments on or before the ARC Urban Revitalization Plan: City Manager 24th day of October, 2002. recommending rejection of a request from Area Section 13. That written proposals for the sale Residential Care to create a new Urban and development of the property will be received Revitalization District and that this item not be by the City Clerk at or before 10:00 a.m., set for public hearing on November 4, 2002 to November 22, 2002 in the Office of the City consider designating the ARC Urban Clerk, located on the first floor at City Hall, Revitalization District and communication from Dubuque, Iowa 52001. Each proposal will be the Long Range Planning Commission regarding opened at the hour of 10:00 a.m. in City Hall, the ARC Urban Revitalization Plan, presented Dubuque, Iowa on November 22, 2002. Said and read. Buol moved that the communication proposals will then be presented to the City be received and filed. Seconded by Markham. Council at 6:30 p.m., November 25, 2002, at a Carried by the following vote: Yeas—Markham, meeting to be held in the Auditorium of the Michalski, Nicholson, Buol, Connors. Nays— Carnegie-Stout Public Library, Dubuque, Iowa. Duggan, Cline. Section 14. That such offering shall be in Jon Romaine, representing Area Residential substantial conformance with the provisions of Care, spoke in favor of the designation of an Section 403.8, Code of Iowa, requiring Urban Revitalization District, stressing its reasonable competitive bidding procedures as necessity for this project which would give more are hereby prescribed, which method is hereby independence to the ARC residents. determined to be the appropriate method for Elena Welsh, of Burns and Burns Architects, making the Property available for development. spoke requesting this designation and clarifying Section 15. That the required documents for the financing gap of $33,000. the submission of a proposal shall be in RESOLUTION NO. 571-02 substantial conformity with the provisions of this RESOLUTION FINDING THAT THE Resolution. DESIGNATION OF THE ARC URBAN Section 16. That the City Clerk is hereby REVITALIZATION PLAN IS NECESSARY IN nominated and appointed as the agent of the THE INTEREST OF THE PUBLIC HEALTH, City of Dubuque, Iowa to receive proposals for SAFETY AND WELFARE OF THE RESIDENTS the sale of the property at the date and OF THE CITY OF DUBUQUE, IOWA AND according to the procedure hereinabove PROVIDING FOR A PUBLIC HEARING specified for receipt of such proposals and to THEREON. proceed at such time to formally acknowledge receipt of each of such proposals by noting the Whereas, the City Council of the City of receipt of same in the Minutes of the Council; Dubuque finds that property in the ARC Urban that the City Manager is hereby authorized and Revitalization district is appropriate for directed to make preliminary analysis of each construction of housing and residential such proposal for compliance with the minimum development; and requirements established by this Council Whereas, the City’s Long Range Planning hereinabove. For each proposal that satisfies Advisory Commission has reviewed the these requirements, the City Council shall judge proposed plan and found the plan provides the strength of the proposal by the competitive incentives for utilizing vacant parcels for criteria established hereinabove. The City affordable housing; and Council shall then make the final evaluation and Whereas, Chapter 404 of the Code of Iowa selection of the proposals. provides for the establishment of an urban Section 17. That in the event another qualified revitalization area for such properties following a proposal is timely submitted and accepted by public hearing. the City, another and further notice shall be NOW, THEREFORE, BE IT RESOLVED BY published of the intent of the City of Dubuque, THE CITY COUNCIL OF THE CITY OF Iowa, to enter into the resulting contract, as DUBUQUE, IOWA: required by law. Section 1. That the development of the areas Passed, approved and adopted this 21st day described in the attached ARC Urban of October, 2002. Revitalization Plan is found to be necessary in Terrance M. Duggan, Mayor the interest of the public health, safety and Attest: Jeanne F. Schneider, City Clerk welfare of the residents of the City, to wit: Michalski moved adoption of the Resolution Section 2. That the ARC Urban Revitalization and further set this for Public Hearing on Plan as proposed meets the eligibility criteria of 11/25/02 at a meeting to commence at 6:30 Chapter 404.1 of the Code of Iowa, 2001. P.M. in the Public Library auditorium and that Section 3. That the City Council has found the City Clerk publish notice in the manner good cause to waive the 30-day notification prescribed by law. Seconded by Markham. period. Motion carried 7-0. Section 4. That the City Clerk is directed to publish notice of a public hearing on the 428 Regular Session, October 21, 2002 aforementioned Urban Revitalization Area Plans filed. Seconded by Nicholson. Motion carried 7- to be held on November 4, 2002 at 6:30 p.m. in 0. the Carnegie Stout Library Auditorium, 360 West Tracy Wagner, representing the University of th 11 Street, Dubuque, Iowa 52001; and Dubuque, introduced other individuals available Section 5. That the ARC Urban Revitalization to respond to questions and spoke in support of Plan shall be a matter of record and shall be the adoption of the Ordinance. available for pubic inspection in the office of the Michelle Maiers, a student at the University of th City Clerk at City Hall, 50 West 13 Street, Dubuque, spoke in favor of the proposed Dubuque, Iowa project. Laura Lamb, 2240 Pasadena, also Passed, approved and adopted this 21st day spoke in support. of October 2002. Terrance M. Duggan, Mayor An Ordinance Amending Appendix A (the Attest: Jeanne F. Schneider, City ClerkZoning Ordinance) of the City of Dubuque Code Buol moved adoption of the Resolution. of Ordinances by providing for the amendment Seconded by Markham. Carried by the following of Ordinance 48-02, which adopted regulations vote: Yeas—Markham, Michalski, Nicholson, for the University of Dubuque ID Institutional Buol, Connors. Nays—Duggan, Cline. District and approving an amended Conceptual Development Plan for the University of Dubuque BOARDS/COMMISSIONS ID Institutional District, presented and read. OFFICIAL PUBLICATION Appointments to the following Commission: ORDINANCE NO. 84-02 Housing Commission (One 3-year unexpired AN ORDINANCE AMENDING APPENDIX A term through 8/17/04 and one 3-year term to [THE ZONING ORDINANCE] OF THE CITY OF expire 8/17/05). Applicant: William D. Helling. DUBUQUE CODE OF ORDINANCES BY Markham moved that Mr. Helling be appointed PROVIDING FOR THE AMENDMENT OF to the term which will expire 8/17/05. Seconded ORDINANCE 48-02, WHICH ADOPTED by Michalski. Motion carried 7-0. REGULATIONS FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT AND PUBLIC HEARINGS APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE UNIVERSITY Buol moved that the rules be suspended to OF DUBUQUE ID INSTITUTIONAL DISTRICT allow anyone present to speak. Seconded by Connors. Motion carried 7-0. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF At the request of the applicant the following DUBUQUE, IOWA: item was removed from the Agenda: Garfield Section 1. That Appendix A [the Zoning Avenue and Stafford Street Rezoning Request. Ordinance] of the City of Dubuque Code of Proof of publication on notice of hearing to Ordinances be amended by providing for the consider rezoning property located at the corner amendment of ordinance 48-02, which adopted of Garfield Avenue and Stafford Street from R-regulations for the University of Dubuque ID 2A Alternate Two-Family Residential District to Institutional District and approving an amended R-4 Multi-Family Residential District at the conceptual development plan for the University request of Jay Winger/Winger Construction and of Dubuque ID Institutional District, a copy of Zoning Advisory Commission recommending which is attached to and made a part hereof, to denial and an Ordinance Amending Appendix A wit: nd (the Zoning Ordinance) of the City of Dubuque Part of Lot 1 and Part of Lot 2, Steffen’s 2 Code of Ordinances by reclassifying hereinafter Place. described property located at the corner of Section 2. That pursuant to Iowa Code Section Garfield Avenue and Stafford Street from R-2A 414.5 (2001) and as an express condition of Alternate Two-Family Residential District to R-4 amending the University of Dubuque ID Multi-Family Residential District. Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all University of Dubuque Institutional District: of which the property owner(s) further agree(s) Proof of publication on notice of hearing to are reasonable and imposed to satisfy the public consider amending the University of Dubuque ID needs that are caused directly by the zoning Institutional District located north of U.S. reclassification: Highway 20, 800 feet east of Devon Drive, to A. Use Regulations. allow construction of new student apartments The following regulations shall apply to all uses and Zoning Advisory Commission recom-made of land in the above-described ID mending approval, presented and read. Institutional District: Michalski moved that the proof be received and 1) Principal permitted uses shall be limited to: a) Colleges and universities [45] Regular Session, October 21, 2002 429 b) Vocational Schools [45] 6) Final site development plans shall be c) Seminaries [45] submitted in accordance with Section 4-4 of the d) Offices for administrative personnel or other Zoning Ordinance. institutional employees and affiliates [14] D. Parking Requirements e) Churches [7], libraries, and museums [13] The off-street parking requirements for the f) Classrooms, laboratories, lecture halls, and principal permitted uses for the herein described similar places of institutional assembly [45] ID Institutional District shall be designated by a g) Off-street parking and loading [NA] bracket enclosed number next to the use, as h) Recreational or athletic facilities for the herein described: primary use and benefit of institutional residents [9] 1.5 spaces for each dwelling unit or affiliates [7] [11] Two spaces for each dwelling unit i) Single-family, two family [11] or multi-family [14] One space for each four hundred square dwellings for the housing of institutional feet devoted to office use or one space for each residents or affiliates [9] employee on the maximum shift, whichever is 2) Accessory Uses. The following uses shall be greater. permitted as accessory uses in the above-[7] One space for each four permanent seats. described ID Institutional District: [13] One space for each five hundred square a) Located entirely within a principal building, feet of floor area accessible to the general bookstores, or bars seating not more than public. seventy-five (75) persons at one time and [45] Dormitories - one space for each bed located not closer than two hundred feet (200') Gymnasiums - one space for each six from the nearest Residential or Office permanent seats Residential District. Employees - .75 spaces for each employee on b) All uses customarily incidental to the the maximum shift principal permitted uses in conjunction with E. Open Space and Recreational Areas which such accessory uses operated or Those areas not designated on the conceptual maintained, but not to include commercial use development plan for development shall be outside the principal building. maintained as open space, as defined by 3) No conditional uses shall be allowed. Section 8 of the Zoning Ordinance by the [ ] Parking requirements as per Section D of property owner and/or association. this Ordinance. F. Sign Regulations B. Lot and Bulk Regulations. The sign regulations shall be the same as that Development of land in the ID Institutional which are allowed in the ID Institutional District District shall be regulated as follows: as established in Section 4-3.11 of the Zoning The proposed student apartments and soccer Ordinance. field shall be located in substantial conformance G. Additional Standards with the attached conceptual development plan That all previously approved conceptual and all final site development plans are to be development plans are hereby amended to allow approved in accordance with provisions of the ID for the attached conceptual development plan. Institutional District regulations. H. Transfer of Ownership C. Performance Standards Transfer of ownership or lease of property in this The development and maintenance of uses in ID Institutional District shall include the transfer this ID Institutional District shall be established or lease agreement a provision that the in conformance with Section 3-5.2 of the Zoning purchaser or lessee acknowledges awareness Ordinance and the following standards: of the conditions authorizing the establishment 1) The proposed parking lot for the student of the district. apartments shall provide a minimum of 116 I. Modifications spaces. Any modifications of this Ordinance must be 2) The private roadway from U.S. Highway 20 approved by the City Council in accordance with shall not be extended beyond the proposed zoning reclassification proceedings of Section 6 student apartments. of the Zoning Ordinance. 3) New outdoor lighting for the proposed J. Recording student apartments and soccer field shall be A copy of this ordinance shall be recorded at the designed to minimize impact to residential expense of the property owner[s] with the properties. Dubuque County Recorder as a permanent 4) Landscaping shall be provided in record of the conditions accepted as part of this compliance with Section 4-5 of the Zoning reclassification approval within ten [10] days of Ordinance. the adoption of this ordinance. This ordinance 5) All utilities including telephone and cable shall be binding upon the undersigned and all television shall be installed underground. his/her heirs, successors and assignees. 430 Regular Session, October 21, 2002 OFFICIAL PUBLICATION Section 3. That the foregoing amendment has ORDINANCE NO. 85-02 heretofore been reviewed by the Zoning AN ORDINANCE AMENDING APPENDIX A Commission of the City of Dubuque, Iowa. (THE ZONING ORDINANCE) OF THE CITY OF Section 4. That the foregoing amendment DUBUQUE CODE OF ORDINANCES BY shall take effect upon publication, as provided by RECLASSIFYING HEREINAFTER DESCRI- law. st BED PROPERTY LOCATED SOUTHWEST OF Passed, approved, and adopted this 21 day JOHN WESLEY DRIVE AND NORTH OF of October 2002. ASBURY ROAD FROM DUBUQUE COUNTY Terrance M. Duggan, Mayor A-1 AGRICULTURAL DISTRICT TO CITY OF ATTEST: Jeanne Schneider, City Clerk DUBUQUE CS COMMERCIAL SERVICE AND ACCEPTANCE OF ORDINANCE NO. 84-02 WHOLESALE DISTRICT, CONCURRENT I, Reverend Jeffery F. Bullock, President, WITH ANNEXATION. University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. Whereas, Grandview Avenue United Methodist 84-02 and being familiar with the conditions Church, property owners, have requested thereof, hereby accept the same and agree to rezoning concurrent with the annexation to the the conditions required therein. City of Dubuque, in accordance to the City of Dated this 21st day of October, 2002. Dubuque, in accordance with Section 2-3 of /s/ Reverend Jeffrey F. Bullock Appendix A (the Zoning Ordinance) of the City of President, University of Dubuque Dubuque Code of Ordinances; and Published officially in the Telegraph Herald Whereas, this request has been found to be th newspaper this 20 day of November, 2002. consistent with the Comprehensive Plan and the Jeanne F. Schneider, City Clerk Future Land Use Map of the Comprehensive 1t 11/20 Plan. Michalski moved that the requirement that a NOW, THEREFORE, BE IT ORDAINED 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 Section 1. That Appendix A (The Zoning suspended and further moved final Ordinance) of the City of Dubuque Code of consideration and passage of the Ordinance. Ordinances is hereby amended by reclassifying Seconded by Nicholson. Motion carried 7-0. the hereinafter-described property from Dubuque County A-1 Agricultural District to City Grandview Avenue United Methodist Church: of Dubuque CS Commercial Service and Proof of publication on notice of hearing to Wholesale District, to wit: consider a voluntary annexation request from Lot 1 of 2 of Mineral Lot 459 in Section 16, th Grandview Avenue United Methodist Church T89N, R2E of the 5 P.M., all in the City of and City Manager recommending approval and Dubuque, Iowa. proof of publication on notice of hearing to Section 2. The foregoing amendment has consider rezoning property located southwest of heretofore been reviewed by the Zoning John Wesley Drive and north of Asbury Plaza Advisory Commission of the City of Dubuque, from County A-1 Agricultural to CS Commercial Iowa. Service and Wholesale District, concurrent with Section 3. This ordinance shall take effect approval of a voluntary annexation request, and immediately upon publication, as provided by Zoning Advisory Commission recommending law, and at such time that the herein described approval, presented and read. Buol moved that property is legally annexed into the City of the proof and communications be received and Dubuque, Iowa.. filed. Seconded by Nicholson. Motion carried 7-Passed, approved and adopted this 21st day 0. of October 2002. Mac Klingler, 11696 King Arthur Ct., spoke in Terrance M. Duggan, Mayor support. Attest: Jeanne F. Schneider, City Clerk An Ordinance Amending Appendix A (the Published officially in the Telegraph Herald th Zoning Ordinance) of the City of Dubuque Code newspaper this 30 day of October, 2002. of Ordinances by reclassifying hereinafter Jeanne F. Schneider, City Clerk described property located southwest of John 1t 10/30 Wesley Drive and north of Asbury Road from Buol moved that the requirement that a Dubuque County A-1 Agricultural District to City proposed Ordinance be considered and voted of Dubuque CS Commercial Service and on for passage at two Council Meetings prior to Wholesale District, concurrent with annexation, the meeting at which it is to be finally passed be presented and read. suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 21, 2002 431 RESOLUTION NO. 572-02 of Ordinances by reclassifying hereinafter RESOLUTION ANNEXING described property located on Radford Road CERTAIN PROPERTY from C-2 Neighborhood Shopping Center District Whereas, Grandview Avenue United Methodist to PUD Planned Unit Development District with Church, property owner, has voluntarily a PC Planned Commercial District designation, petitioned for annexation of approximately presented and read. 26.398 acres of property lying outside of the OFFICIAL PUBLICATION corporate limits of the City of Dubuque, Iowa as ORDINANCE NO. 86-02 shown in Exhibit A; and AN ORDINANCE AMENDING APPENDIX A Whereas, Chapter 368 of the Code of Iowa (THE ZONING ORDINANCE) OF THE CITY OF authorizes the extension of City limits in DUBUQUE CODE OF ORDINANCES BY situations of this character by adoption of a RECLASSIFYING HEREINAFTER DESCRI- resolution after notification is required by State BED PROPERTY LOCATED ON RADFORD regulations; and ROAD FROM C-2 NEIGHBORHOOD Whereas, this request has been found to be SHOPPING CENTER DISTRICT TO PUD consistent with the Comprehensive Plan and the PLANNED UNIT DEVELOPMENT DISTRICT Future Land Use Map of the Comprehensive WITH A PC PLANNED COMMERCIAL Plan; and DISTRICT DESIGNATION. Whereas, the future growth and development of the City of Dubuque, Iowa make it desirable NOW, THEREFORE, BE IT ORDAINED BY that the property be made part of the city of THE CITY COUNCIL OF THE CITY OF Dubuque, Iowa. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. Appendix A (the Zoning Ordinance) THE CITY COUNCIL OF THE CITY OF of the City of Dubuque Code of Ordinances is DUBUQUE, IOWA: hereby amended by reclassifying the hereinafter Section 1. That the territorial limits of the described property from C-2 Neighborhood Dubuque, Iowa by and they are hereby Shopping Center District to PUD Planned Unit extended to include the property legally Development District with a PC Planned described, to wit: Commercial District designation, to wit: Lot 1 of Lot 2 of Mineral Lot 459, Section 16, Lot 4 and Lot D, Block 11 Sunny Slope Estates th T89N, R2E of 5 P.M. in Dubuque County. and to the centerline of the adjoining public right- Section 2. The territory hereby annexed shall of-way, all in the City of Dubuque, Iowa. thnd become a part of the 6 Precinct of the 2 Ward Section 2. Pursuant to Iowa Code Section of the City of Dubuque. 414.5 (1993), and as an express condition of the Section 3. That the City Clerk shall file this reclassification, the undersigned property owner resolution, all exhibits and the petition for agrees to the following conditions, all of which voluntary annexation with the State of Iowa in the property owner further agrees are accordance with State Regulations. reasonable and imposed to satisfy the public Passed, approved and adopted this 21st day needs that are caused directly by the zoning of October 2002. reclassification: Terrance M. Duggan, Mayor A. Use Regulations. Attest: Jeanne F. Schneider, City Clerk The following regulations shall apply to all land Buol moved adoption of the Resolution. uses in the above described PUD District: Seconded by Nicholson. Motion carried 7-0. 1) Principal permitted uses of the lots designated for commercial development shall be Radford Road – Request to Rezone: Proof of limited to: publication on notice of hearing to consider Residential uses above the first floor only –[6]. rezoning property located on Radford Road from General offices – [14]. C-2 Neighborhood Shopping Center District to Medical / office/clinic – [36]. PC Planned Commercial District at the request Dental medical lab – [8]. of Patricia Friedman / Radford Road Schools of private instruction – [4]. Development and Zoning Advisory Commission Barber/beauty shops – [16]. recommending approval and communication Retail sales/services – [17]. from Mary Janice Giesler requesting that Laundry/dry cleaner – [19]. sidewalks be installed on Radford Road, Shoe repair – [18]. presented and read.. Buol moved that the proof Tailoring/alterations – [18]. and communication be received and filed. Catalog center – [23]. Seconded by Nicholson. Motion carried 7-0. Laundromat – [22]. Patricia Friedman spoke in favor of the Artist studio – [5]. proposed rezoning. Photographic studio – [23]. An Ordinance Amending Appendix A (the Neighborhood shopping center – [17]. Zoning Ordinance) of the City of Dubuque Code Furniture/home furnishings – [27]. 432 Regular Session, October 21, 2002 Appliance sales and service – [27]. Development of land in the PUD District shall be Office supply – [19]. regulated as follows: Vending/game machines sales and service – All buildings and structures located on lots [19]. designated for commercial development shall Mail order houses – [23]. meet bulk regulations set forth in the Zoning Auto parts/supply – [17]. Ordinance for the C-2 Neighborhood Shopping Vehicle rental – [47]. Center, Section 3-3.2(F). Upholstery shop – [42]. C. Performance Standards. Contractor shop/yard – [33]. The development and maintenance of uses in Wholesale sales/distributor – [29]. this PUD District shall be established in Miniwarehousing – [47]. conformance with Section 3-5.5 of the Zoning Refrigeration equipment and supply, sales and Ordinance and the following standards: service – [10]. 1) Public streets within the Planned Unit Landscaping services - [29]. Development District shall be designed and built Animal hospital/clinic – [23]. to City Engineering specifications. Personal services – [14]. 2) Erosion control shall be provided during all Automated gas station – [18]. phases of construction. Gas station – [18]. 3) Parking requirements for allowed uses in the Service station – [21]. PUD District shall be as per the parking group Bakery (wholesale/commercial) - [19]. for the designated use, in accordance with Drive-up automated bank teller – [8]. Section 4-2 of the Zoning Ordinance. Self-service carwash – [8]. 4) Storm water detention facilities will be Full-service carwash – [8]. provided as per City Engineering requirements. Animal hospital/clinic – [28]. 5) Adequate illumination shall be provided to Furniture upholstery repair – [18]. areas used for vehicle and pedestrian Business services – [29]. circulation. Light fixtures shall be of a cut-off Banks, savings and loans, and credit unions – design and be mounted at a 72-degree angle to [31]. a vertical light standard. Indoor recreation facilities – [37]. 6) Final site development plans shall be Printing and publishing – [32]. submitted in accordance with Section 4-4 of the Laboratories for research or engineering – [33]. Zoning Ordinance of the City of Dubuque, Iowa, Group daycare center provided that: prior to construction of any buildings. a) Forty (40) square feet of indoor floor area 7) Screening shall be placed along the boundary (excluding halls and bathrooms) is provided per of the residential district as per City standards. child in areas occupied by cribs, thirty-five (35) 8) Outdoor storage must be screened to a height square feet of indoor area (excluding halls and that obscures the stored material from adjacent bathrooms) is provided per child in areas not residential property, but in no case shall occupied by cribs times the licensed capacity; screening be less than six (6) feet in height. and seventy-five (75) square feet of fenced D. Open Space and Landscaping outdoor recreation space is provided per child Open space and landscaping in the PUD District using the space at a given time; shall be regulated as follows: b) The parking group requirements can be Those areas not designated on the conceptual met [8]; plan for development shall be maintained as c) Such facility shall supply loading and open space, as defined by Section 8 of the unloading of children so as not to obstruct public Zoning Ordinance, by the property owners streets or create traffic or safety hazards; and/or association. d) All licenses have been issued or have E. Sign Regulations. been applied for awaiting the outcome of the Signs in the PUD District shall be regulated as Boards’ decision; follows: e) Signage for a single-family home shall be Signage shall be regulated by the C-2 limited to one non-illuminated, wall mounted sign Neighborhood Shopping Center District sign not to exceed four (4) square feet in area; and regulations of Section 4-3.11 of the Zoning f) No group daycare center may be located Ordinance. within the same structure as any gas station, F. Transfer of Ownership bar/tavern, automated gas station or any facility Transfer of ownership or lease of property in this selling, servicing, repairing or renting vehicles. PUD District shall include in the transfer or lease 2) Accessory uses shall include any use agreement a provision that the purchaser or customarily incidental and subordinate to the lessee acknowledges awareness of the principal use it serves. conditions authorizing the establishment of the [ ] Parking group--see Section 4-2 of the Zoning PUD District. Ordinance. G. Reclassification of Subject Property. B. Lot and Bulk Regulations. Regular Session, October 21, 2002 433 The City of Dubuque, Iowa, may initiate zoning and filed. Seconded by Buol. Motion carried 7- reclassification proceedings to the C-2 0. Neighborhood Shopping District in accordance RESOLUTION NO. 573-02 with Section 6 of the Zoning Ordinance if the RESOLUTION INSTITUTING PROCEEDINGS property owner fails to complete or maintain any TO TAKE ADDITIONAL ACTION FOR THE of the conditions of this ordinance. ISSUANCE OF NOT TO EXCEED $3,300,000 H. Modifications. GENERAL OBLIGATION BONDS Any modifications of this Ordinance must be approved by the City Council in accordance with WHEREAS, pursuant to notice published as zoning reclassification proceedings of Section 6 required by law, this Council has held a public of the Zoning Ordinance. meeting and hearing upon the proposal to I. Recording. institute proceedings for the issuance of not to A copy of this ordinance shall be recorded at the exceed $3,300,000 General Obligation Bonds expense of the property owner with the Dubuque for the essential corporate purpose of paying County Recorder as a permanent record of the costs of the acquisition, construction, conditions accepted as part of this improvement and equipping of waterworks and reclassification approval within ten (10) days water main extensions, including water after the adoption of this ordinance. This treatment plant facilities and water main ordinance shall be binding upon the undersigned extensions and improvements, and has and his/her heirs, successors and assigns. considered the extent of objections received Section 3. The foregoing amendment has from residents or property owners as to said heretofore been reviewed by the Zoning proposed issuance of bonds; and, accordingly Commission of the City of Dubuque, Iowa. the following action is now considered to be in Section 4. The foregoing amendment shall the best interests of the City and residents take effect upon publication, as provided by law. thereof: Passed, approved and adopted this 21st day of NOW, THEREFORE, BE IT RESOLVED BY October 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. That this Council does hereby ACCEPTANCE OF ORDINANCE NO. 86-02 institute proceedings and take additional action We, Floyd Kunkel and Robert Smith, for the sale and issuance in the manner required representing Radford Road Development, and I, by law of not to exceed $3,300,000 General Mark Quade, representing E.M. Quade Obligation Bonds for the foregoing essential Company., L.L.C., property owners, having read corporate purpose. the terms and conditions of the foregoing Section 2. That this Resolution be and does Ordinance No. 86-02 and being familiar with the hereby serve as a declaration of official intent conditions thereof, hereby accept the same and under Treasury Regulation 1.150-2, because the agree to the conditions required therein. City reasonably expects to reimburse with the Dated this 18th day of November, 2002. proceeds of the Bonds, all or a portion of original /s/ Floyd Kunkel expenditures incurred in connection with the /s/ Robert Smith above purpose. /s/ Mark Quade Passed, approved and adopted this 21st day Published officially in the Telegraph Herald of October, 2002. th newspaper this 25 day of November, 2002. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk 1t 11/25 Markham moved adoption of the Resolution. Buol moved that the requirement that a Seconded by Buol. Motion carried 7-0. proposed Ordinance be considered and voted on for passage at two Council Meetings prior to Bond Sale to Refund $3,100,000 General the meeting at which it is to be finally passed be Obligation Bonds: Proof of publication on notice suspended and further moved final of hearing to consider the sale of General consideration and passage of the Ordinance. Obligation Bonds in an amount not to exceed Seconded by Nicholson. Motion carried 7-0. $650,000 for the purpose of refunding $3,100,000 General Obligation Bonds and City Bond Sale to Support Water Projects: Proof of Manager recommending approval, presented publication on notice of hearing to consider the and read. Markham moved that the proof and sale of General Obligation Bonds in an amount communication be received and filed. Seconded not to exceed $3,300,000 to support the new by Michalski. Motion carried 7-0. water tower and water main along the Northwest RESOLUTION NO. 574-02 Arterial and City Manager recommending RESOLUTION INSTITUTING PROCEEDINGS approval, presented and read. Markham moved TO TAKE ADDITIONAL ACTION FOR THE that the proof and communication be received 434 Regular Session, October 21, 2002 ISSUANCE OF NOT TO EXCEED $650,000 Passed and approved this 21st day of GENERAL OBLIGATION BONDS October, 2002. WHEREAS, pursuant to notice published as Terrance M. Duggan, Mayor required by law, this Council has held a public Attest: Jeanne F. Schneider, City Clerk meeting and hearing upon the proposal to Markham moved adoption of the Resolution. institute proceedings for the issuance of not to Seconded by Michalski. Motion carried 7-0. exceed $650,000 General Obligation Bonds for the essential corporate purpose of paying costs Northwest Arterial Watermain Extension of refunding and refinancing certain outstanding Project: Proofs of publication on notice of indebtedness of the City, consisting of the hearing and notice to bidders on the receipt of General Obligation Bonds, Series 1994, dated bids for the Northwest Arterial Watermain May 1, 1994, and has considered the extent of Extension Project and City Manager objections received from residents or property recommending award of the contract to owners as to said proposed issuance of Bonds; Tschiggfrie Excavating in the contract amount of and, accordingly the following action is now $887,683.35, presented and read. Cline moved considered to be in the best interests of the City that the proof and communication be received and residents thereof: and filed. Seconded by Buol. Motion carried 7- NOW, THEREFORE, BE IT RESOLVED BY 0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 576-02 DUBUQUE, IOWA: RESOLUTION ADOPTING Section 1. That this Council does hereby PLANS AND SPECIFICATIONS institute proceedings and take additional action th for the sale and issuance in the manner required Whereas, on 16 day of September, 2002 by law of not to exceed $650,000 General plans, specifications, form of contract and Obligation Bonds for the foregoing essential estimated cost were filed with the City Clerk of corporate purpose. Dubuque, Iowa for the installation of st Passed and approved this 21 day of October, approximately 17,140 feet of 16 inch ductile iron 2002. watermain along the Northwest Arterial and Terrance M. Duggan, Mayor 1,400 feet of 12 inch ductile iron watermain Attest: Jeanne F. Schneider, City Clerk along Pennsylvania Avenue. Markham moved adoption of the Resolution. Whereas, notice of hearing on the plans, Seconded by Michalski. Motion carried 7-0. specifications, form of contract and estimated cost was published as required by law. RESOLUTION NO. 575-02 NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION INSTITUTING PROCEEDINGS THE CITY COUNCIL OF THE CITY OF TO TAKE ADDITIONAL ACTION FOR THE DUBUQUE, IOWA: ISSUANCE OF NOT TO EXCEED $650,000 That the said plans, specifications, form of GENERAL OBLIGATION BONDS contract and estimated cost are hereby WHEREAS, pursuant to notice published as approved as the plans, specifications, form of required by law, this Council has held a public contract and estimated cost of said meeting and hearing upon the proposal to improvements for said project. st institute proceedings for the issuance of not to Passed, approved and adopted this 21 day of exceed $650,000 General Obligation Bonds for October, 2002. the essential corporate purpose of paying costs Terrance M. Duggan, Mayor of refunding and refinancing certain outstanding Attest: Jeanne F. Schneider, City Clerk indebtedness of the City, consisting of the Cline moved adoption of the Resolution. General Obligation Bonds, Series 1994, dated Seconded by Buol. Motion carried 7-0. May 1, 1994, and has considered the extent of RESOLUTION NO. 577-02 objections received from residents or property AWARDING CONTRACT TO TSCHIGGFRIE owners as to said proposed issuance of Bonds; EXCAVATING OF DUBUQUE, IOWA FOR THE and, accordingly the following action is now CONSTRUCTION OF APPROXIMATELY considered to be in the best interests of the City 17,140 FEET OF 16 INCH DUCTILE IRON and residents thereof: WATERMAIN WITH ACCESSORIES ALONG NOW, THEREFORE, BE IT RESOLVED BY THE NORTHWEST ARTERIAL STARTING AT THE CITY COUNCIL OF THE CITY OF THE INTERSECTION OF HIGHWAY 20 AND DUBUQUE, IOWA: CONTINUING TO THE NORTHEAST TO JOHN Section 1. That this Council does hereby F. KENNEDY ROAD AND FOR THE institute proceedings and take additional action CONSTRUCTION OF APPROXIMATELY 1,400 for the sale and issuance in the manner required FEET OF 12 INCH DUCTILE IRON by law of not to exceed $650,000 General WATERMAIN WITH ACCESSORIES ALONG Obligation Bonds for the foregoing essential PENNSYLVANIA AVENUE FROM THE corporate purpose. Regular Session, October 21, 2002 435 NORTHWEST ARTERIAL WEST TO THE Terrance M. Duggan, Mayor PENNSYLVANIA WATER TANK. Attest: Jeanne F. Schneider, City Clerk Whereas, the Northwest Arterial Watermain Cline moved adoption of the Resolution. Extension Project has been budgeted; and Seconded by Nicholson. Motion carried 7-0. Whereas, Tschiggfrie Excavating of Dubuque, RESOLUTION NO. 579-02 Iowa has submitted to the City an agreement to AWARDING CONTRACT TO LANDMARK conduct construction services of this STRUCTURES I, L.P. OF FORT WORTH, improvement in the amount of $887,683.35 TEXAS FOR THE CONSTRUCTION OF A 1.25 dollars; and MILLION GALLON COMPOSITE ELEVATED Whereas, funds have been legally WATER TOWER WITH ACCESSORIES ON appropriated for this expenditure. JOHN F. KENNEDY ROAD. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, the Fourth Zone Water Tower DUBUQUE, IOWA: project has been budgeted; and That the City Manager is authorized to execute Whereas, Landmark Structures I, L.P. has the agreement for construction services with submitted to the City an agreement to conduct Tschiggfrie Excavating of Dubuque, Iowa for the construction services of this improvement in the construction of approximately 17,140 feet of 16 amount of $1,206,000; and inch ductile iron water pipe and 1,470 feet of 12 NOW, THEREFORE, BE IT RESOLVED BY inch ductile iron water pipe with accessories THE CITY COUNCIL OF THE CITY OF along the Northwest Arterial and Pennsylvania DUBUQUE, IOWA: Avenue in the amount of $887,683.35. That the City Manager is authorized to execute st Passed, adopted and approved this 21 day of the agreement for the construction services with October, 2002. Landmark Structures I, L.P. of Fort Worth, Texas Terrance M. Duggan, Mayor for the construction of a water tower in the Attest: Jeanne F. Schneider, City Clerk amount of $1,206,000.00. st Cline moved adoption of the Resolution. Passed, adopted, and approved this 21 day Seconded by Buol. Motion carried 7-0. of October, 2002. Terrance M. Duggan, Mayor Fourth Zone Water Tower Project: Proofs of Attest: Jeanne F. Schneider, City Clerk publication on notice of hearing and notice to Cline moved adoption of the Resolution. bidders on the receipt of bids for the Fourth Seconded by Nicholson. Motion carried 7-0. Zone Water Tower Project and City Manager recommending award of the contract to Old U.S. Highway 20 Watermain Extension Landmark Structures I, L.P. in the contract Phase II Project: Proofs of publication on notice amount of $1,206,000, presented and read. of hearing and notice to bidders on the receipt of Cline moved that the proofs and communication bids for the Old U.S. Highway 20 Watermain be received and filed. Seconded by Nicholson. Extension Phase II Project and City Manager Motion carried 7-0. recommending award of the contract to Drew Cook & Sons in the contract amount of RESOLUTION NO. 578-02 $77,603.50, presented and read. Cline moved RESOLUTION ADOPTING that the proofs and communication be received PLANS AND SPECIFICATIONS and filed. Seconded by Nicholson. Motion th Whereas, on the 16 day of September, 2002 carried 7-0. plans, specifications, form of contract and RESOLUTION NO. 580-02 estimated cost were filed with the City Clerk of RESOLUTION ADOPTING Dubuque, Iowa for the construction of a water PLANS AND SPECIFICATIONS tower next to the Soccer Complex, located on th John F. Kennedy Road. Whereas, on the 16 day of September, 2002 Whereas, notice of hearing on the plans, plans, specifications, form of contract and specifications, form of contract and estimated estimated cost were filed with the City Clerk of cost was published as required by law. Dubuque, Iowa for the installation of NOW THEREFORE, BE IT RESOLVED BY approximately 1,700 feet of 12-inch ductile iron THE CITY COUNCIL OF THE CITY OF water main with accessories on Old U. S. DUBUQUE, IOWA: Highway 20. That the said plans, specifications, form of Whereas, notice of hearing on the plans, contract and estimated cost are hereby specifications, form of contract and estimated approved as the plans, specifications, form of cost was published as required by law. contract and estimated cost for said NOW, THEREFORE, BE IT RESOLVED BY improvements for said project. THE CITY COUNCIL OF THE CITY OF st Passed, approved, and adopted this 21 day DUBUQUE, IOWA: of October, 2002. 436 Regular Session, October 21, 2002 That the said plans, specifications, form of Whereas, on the 16th day of September 2002, contract and estimated cost are hereby plans, specifications, form of contract and approved as the plans, specifications, form of estimated cost were filed with the City Clerk of contract and estimated cost for said Dubuque, Iowa for the Ice Harbor Retention improvements for said project. Basin Pump Improvement Project. Passed, approved and adopted this 21st day Whereas, notice of hearing on plans, of October, 2002. specifications, form of contract, and estimated Terrance M. Duggan, Mayor cost was published as required by law. Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA: That the said plans, specifications, form of RESOLUTION NO. 581-02 contract and estimated cost are hereby AWARDING CONTRACT TO DREW COOK & approved as the plans, specifications, form of SONS FOR THE CONSTRUCTION OF contract and estimated cost for said APPROXIMATELY 1,700 FEET OF 12” improvements for said project. DUCTILE IRON WATERMAIN WITH Passed, adopted and approved this 21st day ACCESSORIES ALONG THE NORTH SIDE OF of October, 2002. OLD U. S. HIGHWAY 20 STARTING AT THE Terrance M. Duggan, Mayor INTERSECTION OF RADFORD ROAD AND Attest: Jeanne F. Schneider, City Clerk OLD HIGHWAY 20 CONTINUING TO THE Michalski moved adoption of the Resolution. WEST. Seconded by Cline. Motion carried 7-0. Whereas, the Old Highway 20 Watermain RESOLUTION NO. 583-02 Extension Phase II has been budgeted; and AWARDING CONTRACT Whereas, Drew Cook & Sons of Dubuque, Iowa has submitted to the City an agreement to Whereas, sealed proposals have been conduct construction services of this submitted by contractors for the Ice Harbor improvement in the amount of $77,603.50 Retention Basin Pump Improvement Project dollars; and pursuant to Resolution No. 514-02 and notice of Whereas, funds have been legally bidders published in a newspaper published in appropriated for this expenditure. the City of Dubuque, Iowa on the 20th day of NOW, THEREFORE, BE IT RESOLVED BY September 2002. THE CITY COUNCIL OF THE CITY OF Whereas, said sealed proposals were opened DUBUQUE, IOWA: and read on the 9th day of October, 2002 and it That the City Manager is authorized to execute has been determined that the bid of M-Z the agreement for construction services with Construction of Linden, Wisconsin in the amount Drew Cook & Sons of Dubuque, Iowa for the of $174,550.00 was the lowest bid for providing construction of approximately 1,700 feet of 12 all labor and materials and performing the work inch ductile iron watermain and accessories on as provided for the plans and specifications. Old Highway 20 in the amount of $77,603.50. NOW THEREFORE, BE IT RESOLVED BY st Passed, adopted, and approved this 21 day THE CITY COUNCIL OF THE CITY OF of October, 2002. DUBUQUE, IOWA: Terrance M. Duggan, Mayor That the contract for the above improvement Attest: Jeanne F. Schneider, City Clerk be awarded to M-Z Construction and the City 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. Ice Harbor Retention Basin Pump BE IT FURTHER RESOLVED: Improvement Project: Proofs of publication on That upon the signing of said contract and the notice of hearing and notice to bidders on the approval of the contractor’s bond, the City receipt of bids for the Ice Harbor Retention Treasurer is authorized and instructed to return Basin Pump Improvement Project and City the bid deposits of the unsuccessful bidders. Manager recommending award of the contract to Passed, approved and adopted this 21st day M-Z Construction, presented and read. of October, 2002. Michalski moved that the proofs and Terrance M. Duggan, Mayor communication be received and filed. 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. RESOLUTION NO. 582-02 RESOLUTION ADOPTING Buol moved that the rules be reinstated limiting PLANS AND SPECIFICATIONS discussion to the Council. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 21, 2002 437 Michalski moved adoption of the Resolution. ACTION ITEMS Seconded by Nicholson. Motion carried 7-0. Convention and Visitors Bureau: Request of Gaming Referendum: Sue Czeshinski, Convention and Visitors RESOLUTION NO. 585-02 Bureau, to give an oral report of Bureau RESOLUTION SUPPORTING THE REFER- activities during the first quarter of Fiscal Year ENDUM ON THE CONTINUATION OF 2003, presented and read. Sue Czeshinski gave GAMING IN DUBUQUE COUNTY, IOWA a verbal report. WHEREAS, there will be a question on the Local Option Sales and Services Tax – continuation of gaming in Dubuque County on Dubuque Community School District: the November 5, 2002 general election ballot; and RESOLUTION NO. 584-02 WHEREAS, the Dubuque Greyhound Park A RESOLUTION RECOGNIZING THE and Casino and the Diamond Jo Casino IMPORTANCE OF ADEQUATE SCHOOL welcomed nearly two million visitors to their FACILITIES BY SUPPORTING THE facilities in the past year; and DUBUQUE COMMUNITY SCHOOL DISTRICT WHEREAS, the Dubuque Greyhound Park BOARD OF EDUCATION IN ITS PROPOSAL and Casino and the Diamond Jo Casino employ TO DUBUQUE COUNTY VOTERS TO over 1,000 Dubuque area residents with an AUTHORIZE A ONE-PERCENT (1%) LOCAL annual payroll of more than $22 million; and OPTION SALES AND SERVICES TAX FOR WHEREAS, the Dubuque Greyhound Park SCHOOL INFRASTRUCTURE PURPOSES. and Casino and the Diamond Jo Casino are WHEREAS, school facilities are a vital part of highly regulated, safe, fun and affordable the structure of a growing community and an entertainment and are committed to responsible essential part of a positive learning environment gaming; and for today’s students; and WHEREAS, the Dubuque Greyhound Park WHEREAS, the Iowa Legislature has and Casino and the Diamond Jo Casino have authorized a local option sales and services tax contributed more than $26 million to the City of for school infrastructure purposes; and Dubuque since beginning operations. WHEREAS, the Board of Directors of the NOW, THEREFORE, BE IT RESOLVED BY Dubuque Community School District, meeting in THE CITY COUNCIL OF THE CITY OF public session on September 16, 2002, passed DUBUQUE, IOWA: a motion requesting the Dubuque County Board Section 1. That the City Council of the City of of Supervisors to cause an election on the issue; Dubuque supports the continuation of gaming in and Dubuque County. WHEREAS, the Dubuque County Board of Section 2. That all electors are encouraged to Supervisors, meeting in public session on study the issue and cast an informed vote on the September 23, 2002, passed a resolution setting issue of the continuation of gaming in Dubuque December 10, 2002, as the date for a special County on November 5, 2002. st election for voters of Dubuque County, Iowa to Passed, approved and adopted this 21 day of vote on the question of the imposition of a one-October, 2002. percent (1%) local option sales and services tax Terrance M. Duggan, Mayor for school infrastructure purposes for a ten (10) Attest: Jeanne F. Schneider, City Clerk year period of time; Buol moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Bee Branch Consultant Selection: City Section 1. That all electors study the issues Manager recommending approval of the and cast an informed ballot on the local option selection of MSA Professional Services (MSA) sales and services tax for school infrastructure as the Engineering Consulting Firm to conduct a purposes on December 10, 2002. second study of the Bee Branch Drainage Basin, Section 2. That the City Council of the City of presented and read. Nicholson moved to Dubuque, Iowa, supports the imposition of a receive and file and approve the one-percent (1%) local option sales and services recommendation. Seconded by Connors. tax for school infrastructure purposes as defined Motion failed due to the following vote: Yeas— by Chapter 422E.1, Code of Iowa. Duggan, Nicholson. Nays—Markham, st Passed, approved and adopted this 21 day of Michalski, Buol, Cline, Connors. Buol moved October, 2002. that Staff bring back the original plan. Seconded Terrance M. Duggan, Mayor by Connors. Carried by the following vote: Attest: Jeanne F. Schneider, City Clerk Yeas—Markham, Michalski, Nicholson, Buol, Cline, Connors. Nays—Duggan. 438 Regular Session, October 21, 2002 The following was removed from the Agenda: Fiscal Year 2003 Annual Action Plan – Approved:__________________________2002 Amendment 2. City Manager recommending approval of an amended and restated Fiscal Adopted:___________________________2002 Year 2003 Annual Plan for the City’s Community Development Block Grant (CDBG) program. A Resolution Approving an amended and restated ______________________________________ Fiscal Year 2003 (Program Year 2002) annual Mayor plan for Community Development Block Grant (CDBG) funds ______________________________________ The Mayor turned control of the meeting to ______________________________________ Mayor Pro-Tem Buol due to possible conflict of interest. ______________________________________ Offer to Buy Real Estate and Acceptance – Robert and Lynn Miller and Dubuque ______________________________________ Hardwoods, Inc.: City Manager recommending that the City Council approve the Offer to Buy ______________________________________ Real Estate and Acceptance for property on the Fourth Street Peninsula owned by Robert and ______________________________________ Lynn Miller and Dubuque Hardwoods, Inc., Council Members presented and read. Nicholson moved to receive and file the communications and Attest: approve the recommendation. Seconded by Markham. Motion carried 6-0. ______________________________________ City Clerk Mayor Duggan resumed control of the meeting. At 8:14 P.M. Buol moved to go into Closed Session re: Property Acquisition – Chapter 21.5(1)(j) 2001 Code of Iowa. Seconded by Nicholson. Motion carried 7-0. At 8:30 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 8:31 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 10/30