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1997 March Council ProceedingsRegular Session, March 3, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 3, 1997 Council Met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. damages; Dubuque River Terminal in est. amt. of $1,540.00 for property damages; Michael Fleming in amount of $250.00 for vehicle damages; Hartig Drug Stores Corp. in est. amt. of $885.00 for property damages; Jean J. Jagielski in amount of $229.51 for vehicle damages; Robert Leytem in amount of $125.00 for backed up sewer damages; Limerock Springs, Inc.Nendors Unlimited Corp. in amount of $3,058.87 for vehicle damages; Marjorie McMahon in amount of $1500 for personal injuries; Peter Lippstock in amount of $225.50 for vehicle damages; Charles M. White in amount of $807.93, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. Motion carried 7-0. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Joseph O'Brien, Pastor of St. Raphael's Cathedral. PROCLAMATIONS: Month of March as "Professional Social Work Month" received by Rick Cortman from The Finley Hospital and Marvin Fagerlind from Mercy Medical Center; Month of March as "Mental Retardation Awareness Month;" March 18 & 19 as "American Cancer Society Daffodil Days" received by Gail Spautz & Linda Chapman; and Proclaiming Dubuque's Water as "The Toast of the Tap' received by Water Dept. Manager Bob Green. MINUTES SUBMITTED-Airport Commission of 1-21; Cable Community Teleprogramming Commission of 2-11; Cable TV Regulatory Commission of 2-19; Civil Service Commission of 12-17-96 & 1-30; Five Flags Commission of 1-20 & 2-17; Housing Code Appeals Board of 1-21; Human Rights Commission of 1-13; Park & Recreation Commission of 2-11; Finance Director submitting Financial Reports of January, 1997; Proofs of Publication on Notice of printed Council Proceedings for months of 2-3 & 2-10, presented and read. Council Member Voetberg moved that the minutes, reports and proofs be received and filed. Seconded by Council Member Nicholson. Motion carried 7- 0. Printed Council Proceedings for months of September, October, November, and December, 1996 presented for approval. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Nicholson. Motion carried 7-0. NOTICES OF CLAIMS/SUITS -Robert Burke in amount of $192.52 for vehicle Corporation Counsel advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Car damage of Jacob Bender; Van Damage of Harold & Patricia Brandenburg; Personal injury of Anna Curiel; Car damage of Daniel P. Flynn; Personal injury of Florence M. Larkin; Personal injury of Patricia McLaughlin; Personal injury of Carol Jean Meyer; Property damage of Valeria H. Mueller; Truck Damage of Lyle K. Wickham III, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager amending resolution pertaining to amendment of Site "F" Annexation, presented and read . Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 93-97 RESOLUTION AMENDING RESOLUTION NO. 63-97 PERTAINING TO ANNEXATION OF CERTAIN TERRITORY. Whereas, the City Council adopted Resolution No. 63-97 on February 3, 1997, annexing certain territory to the corporate limits of the City of Dubuque; and Whereas, amendments are required to the map, legal description and precinct number identified in Resolution No. 63-97 to comply with State law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Exhibit A and Exhibit B of Resolution No. 63-97 are hereby amended as shown in the attached Exhibit A and attached Exhibit B. Section 2. That Section 2 of Resolution No. 63-97 is hereby amended to read: That the territory hereby annexed shall become a part of the First Ward, Third Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution and both Exhibits with the Regular Session, March 3, 1997 Dubuque County Recorder, Iowa Department of Transportation and the Secretary of State. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Canadian Pacific Railway submitting Supplemental WARN Act Notice advising sale will be closed in the 14 day period following March 6, 1997, presented and read. Council Member Michalski moved that the Notice be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. Long Range Planning Advisory Commission advising of their review and approval of Urban Renewal Plans for New Industrial Parks, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending approval of Supplement #32 to the City Code of Ordinances, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager approving Finance Depart- ment's request to purchase a new computer for their office in FY'97, presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Nicholson. Motion carried 7-0. Cily Manager recommending approval of a grant application to Governor's Traffic Safety Bureau, presented and read. Council Mem- ber Voetberg moved that the communication be received and filed and approved recom- mendation. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager requesting approval to pro- ceed with a Grant from Target Stores in a- mount of $600.00 for Community Oriented Policing Officers, presented and read. Coun- cil Member Voetberg moved that the commu- nication be received and filed and grant ap- proved. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending approval to proceed with application for Wetlands Grant Program, presented and read. Council Mem- ber Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 94-97 ADOPTING SUPPLEMENT NO. 32 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34- 89, readopted the Code of Ordinances of the Cily of Dubuque, Iowa for ordinances adopted up to and including December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements, by resolution, become part of the Code of Ordi- nances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 32 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 60-97 enacted through December 16, 1996 and prepared by the Sterling Codifers, Inc., Weiser, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Du- buque, Iowa. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor RESOLUTION NO. 95-97 APPLICATION FOR WETLANDS GRANT PROGRAM TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA) Whereas, the Environmental Protection Agency has allocated grant funds for the restoration and protection of wetlands; and Whereas, the City has adopted the Envi- ronmental Component of the Rivertront Plan which places high priority on wetlands protec- tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager or his designee is hereby authorized to sign and submit this application to the Environmental Protection Agency for the wetlands grant program for preparation of the Rivertront Wetlands Conservation Program. Section 2. That the City Council authorizes the City Manager to utilize budgeted funds to provide the financial match required by this program should the application be approved by the Environmental Protection Agency (EPA). Section 3. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed projects. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Regular Session, March 3, 1997 Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager advising area legislators of opposition to House File 212 which eliminates the tax exempt status of City-owned Dubuque Greyhound Park, presented and read. Coun- cil Member Voetberg moved that the commu- nication be received and filed and approved notification. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager advising area legislators of opposing change in taxation for Investor Owned Utilities, presented and read. Council Member Voetberg moved that the communica- tion be received and filed and approved notifi- cation. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager advising area legislators of City's support allowing property tax freeze to expire with respect to Counties in Iowa, pre- sented and read. Council Member Voetberg moved that the communication be received and fled and approved notification. Seconded by Council Member Nicholson. Motion carried 7-0. February 26, 1997 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1995 Code of Iowa, the Civil Service Commis- sion conducted a written promotional examina- tion on January 28, 1997 for the position of Fire Captain in the Fire Department. We hereby certify that the following mem- bers of the Fire Department have passed this wnlten promotional examination and promotion for this position should be made from this list. FIRE CAPTAIN Rick Bankson Chris Miller Jeff Udelhofen Roger Voss Michael W. Burds Respectfully submitted, /s/Merle J. Duehr, Jr. Chairperson /s/ Loras J. Kluesner Civil Service Commission Council Member Voetberg moved that the above certifcation be made a matter of record. Seconded by Council Member Nicholson. Motion carried 7-0. February 26, 1997 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1995 Code of Iowa, the Civil Service Commis- sion conducted a written promotional examina- tion on January 28, 1997 for the position of Assistant Fire Chief in the Fire Department. We hereby certify that the following members of the Fire Department have passed this wnlten promotional examination and promotion for this position should be made from this list. ASSISTANT FIRE CHIEF Rick Steines Daniel Sullivan James J. Imhof Joseph Blodgett Robert Baker Michael Weidemann Respectfully submitted, /s/Merle J. Duehr, Chairperson /s/ Loras J. Kluesner Civil Service Commission Council Member Voetberg moved that the above certifcation be made a matter of record. Seconded by Council Member Nicholson. Motion carried 7-0. February 26, 1997 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1995 Code of Iowa, the Civil Service Commis- sion conducted a written promotional examina- tion on January 28, 1997 for the position of Fire Equipment operator in the Fire Depart- ment. We hereby certify that the following mem- bers of the Fire Department have passed this wnlten promotional examination and promotion for this position should be made from this list. FIRE EQUIPMENT OPERATOR Thomas Ludescher Robert Lange Roger Wernimont Michael McMahon Robert Fitzpatrick William Hallahan John Fitzgerald Robert Rehfeldt Michael Elliott Jeffrey Zasada Respectfully submitted, /s/Merle J. Duehr, Jr., Chairperson /s/ Loras J. Kluesner Civil Service Commission Council Member Voetberg moved that the above certifcation be made a matter of record. Seconded by Council Member Nicholson. Motion carried 7-0. February 26, 1997 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1995 Code of Iowa, the Civil Service Commis- sion conducted a written promotional examina- tion on January 30, 1997 for the position of Fire Captain/Inspector in the Fire Department. We hereby certify that the following mem- bers of the Fire Department have passed this wnlten promotional examination and promotion for this position should be made from this list. FIRE CAPTAIN/INSPECTOR Terry Stewart Robert Fitzpatrick Michael McMahon Respectfully submitted, /s/Merle J. Duehr, Jr., Chairperson /s/ Loras J. Kluesner Civil Service Commission Council Member Voetberg moved that the above certifcation be made a matter of record. Seconded by Council Member Nicholson. Motion carried 7-0. February 26, 1997 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1995 Code of Iowa, the Civil Service Commis- sion conducted a written promotional examina- tion on January 29, 1997 for the position of Fire Lieutenant in the Fire Department. We hereby certify that the following mem- Regular Session, March 3, 1997 tiers of the Fire Department have passed this wnlten promotional examination and promotion for this position should be made from this list. FIRE LIEUTENANT Michael Burds Eugene Hudek Daniel Gansen Mark Burkle Roger Wernimont Jeffrey Zasada Terry Stewart Robert Lange Calvin Motsch Respectfully submitted, /s/Merle J. Duehr, Jr., Chairperson /s/ Loras J. Kluesner Civil Service Commission Council Member Voetberg moved that the above certifcation be made a matter of record. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 96-97 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Ciga- rettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Ciga- rette Papers within said City. Hammerheads Hammerheads Bar &Billards 2095 Kerper Blvd. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 97-97 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been exam- ined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Com. Big 10 Mart +(Sunday Sales) 2100 JFK Rd. Passed, approved and adopted this 3rd day March of 1997. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 98-97 Whereas, applications for Liquor Licenses have been submitted to this Council for ap- proval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordi- nances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL) BEER & LIQUOR LICENSE Dubuque Lodging Inc. Days Inn + (Sunday & Outdoor Serv.) 1111 Dodge CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Marvin J. Rapp Cue Master Billiards +(Sunday Sales) 900 Central Fraternal Order Eagles Eagles Club #568 (Sunday Sales) 1175 Century Dr Enke Investment Co. Cedars Rest.& Lnge +(Sunday Sales) 2155 Southpark Hammerheads,lnc. Hammerheads Bar /Billards+(Sunday Sale) 2095 Kerper Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. BOARDS AND COMMISSIONS: ZONING BOARD OF ADJUSTMENT: The following individuals were invited to address the Council to express their desire to serve on the Zoning Board of Adjustment. Applicants: Don Lochner and Greg Yoko. Mr. Yoko spoke. BOARD OF APPEALS-BUILDING CODE: Applicant Ronald Jahns. Council Member Voetberg moved that Ronald Jahns be appointed to the Journeyman/Carpenter unexpired term which will expire 8-1-99. Seconded by Council Member Robbins. Motion carried 7-0. Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council if they so desire. Sec- onded by Council Member Robbins. Motion carried 7-0. Notice of Public Hearing to reclassify property at 1005-1007-1011 Rhomberg from R-2A to R-4 District; Thomas C. and Mary Ann Herber, AI & Rita Montgomery, Arnold & Karen Nickolas and additional petitions consti- tuting 72.5 % opposition from property owners within 200 feet of this property, objecting to reclassification request, presented and read. Council Member Robbins moved that the notice and communication be received and filed. Seconded by Council Member Voet- berg. Motion carried 7-0. Lloyd Hagen, the owner of property, spoke requesting rezoning. Rita Montgomery, June Clark and Elmira Rite, all spoke objecting to proposed rezoning. An Ordinance Amending Zoning Map by Regular Session, March 3, 1997 reclassifying property located at 1005-1007- 1011 Rhomberg Ave. from R-2A alternate Two-Family Residential District to R-4 Multi- Family Residential District, said rezoning request denied by Zoning Advisory Commis- sion, set for hearing only at meeting of 2-17- 97, presented for further action. Council Member Robbins moved to concur with the denial of the Zoning Comm. Seconded by Council Member Voetberg. Motion carried 7- 0. A Notice of Public Hearing to amend adopt- ed Regulations for the University of Dubuque Institutional District, presented and read. Council Member Buol moved that the notice be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. Bruce Meriwether, Acting President of the University of Dubuque, spoke requesting Council approval. An Ordinance Amending Ordinance No. 33-88 which adopted Regulations for the University of Dubuque Institutional District, with first and second readings given at the Council Meeting of 2-17-97, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 17-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DU- B000E, IOWA, PROVIDING FOR THE AMENDMENT OF ORDINANCE 33-88, WHICH ADOPTED REGULATIONS FOR THE UNIVERSITY OF DUBUQUE INSTITU- TIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the Dubuque Code of Ordi- nances and Ordinance 33-88 be amended by adopting a revised conceptual development plan, a copy of which is attached to and made a part hereof, to wit: Lot 2 of the East 75.6' of the North % of Lot 10, Lot 2 of Lot 2 of Lot 1 of the South % of Lot 10, Lot 1 of Lot 1 of Lot 1 of the South of Lot 10, Lot 2 of Lot 1 of Lot 1 of the South % of Lot 10 and Lot 1 of Lot 2 of Lot 1 of the South % of Lot 10, the South % of the East 57.82' of Lot 11, the South % of the East 60' of the West 80.12' of Lot 11, the South % of the East 60' of the West 62.06 of the West 118' of Lot 12 and the West 6' of the South % of the East 66' of the West 118' of Lot 12, the South 128' of the East 37.49' of Lot 13 and the South 128' of the West 12.06' of the West 62.06' of the West 118' of Lot 13, the North 140' of the West 12.06' of the West 62.06' of the West 118' of Lot 12 and the North 140' of the East 37.49' of Lot 13, and the South of the East 60' of the West 100' of Lot 13, the North % of the West 60' of the West 100' of Lot 13, Lot 2 of Lot 15, Lot 1 of Lot 1 of Lot 1 of Lot 15, Lot 2 of Lot 1 of Lot 1 of Lot 15, Lot 2 of Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 16, Lot 2 of Lot 2 of Lot 1 of Lot 15, Lot 1 of Lot 2 of Lot 1 of Lot 15, Lot 1 of Lot 2 of Lot 16, Lot 2 of Lot 2 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 17, Lot 1 of Lot 2 of Lot 17, Lot 2 of Lot 2 of Lot 17, Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 18, Lot 2 of Lot 1 of Lot 1 of Lot 18, the South % of Lot 1 of Lot 14, Lot 2 of Lot 1 of Lot 2 of Lot 14, Lot 2 of Lot 2 of Lot 14, Lot 1 of Lot 1 of Lot 2 of Lot 14, the East 60' of the South % of the East 66' of the West 118' of Lot 12, Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 18, the West 62.34' of the North % of Lot 10, the North 134' of the North 168' of the West 30.32' of the West 80.12' of Lot 11, the North 134' of the North 168' of the East 19.88' of Lot 12, the North of the East 60' of the West 62.06' of the West 118' of Lot 12, the North % of the East 60' of the West 100' of Lot 13, the North % of Lot 1 of Lot 14, the South % of the West 60' of the West 100' of Lot 13, the South 34' of the North 168' of the East 19.88' of Lot 12, the South 100' of the East 19.88' of Lot 12, the South 34' of the North 168' of the West 30.12' of the West 80.12' of Lot 11, and the South 100' of the West 30.32' of the West 80.12' of Lot 11, all in Ann O'Hare's Subdivision; Lot 2 of Lot 1, Lot 1 of Lot 1 of Lot 1 of Lot 1, Lot 2 of Lot 1 of Lot 1 of Lot 1, all in Cain's Subdivision #2; Lot 2 of Lot 71 and Lot 2 of Lot 70, Lot 2 of Lot 64, Lot 31 and Lot 32, al in Finley, Waples, and Burton Addition; Lot 9, Lot 8, Lot 7, Lot 1, Lot 2, Lot 3, all in Herbst's Subdivision; Lot 2, Lot 1, Lot 3, all in Her- bst's University Avenue Place; the North of the East 57.82' of Lot 11, the North % of the East 60' of the West 80.12' of Lot 11, the East 60' of the North % of the East 66' of the West 118' of Lot 12 and the West 6' of the North % of the East 66' of the West 118' of Lot 12, all in Ann O'Hare's Subdivi- sion; Lot 5 and Lot 2 of Lot 2 of Lot 1 of Lot 6 of Hantelmann's Subdivision; Lot 1 and Lot 10 of Kuehnle Heights; Lot 2 of Lot 1 of Lot 2 of Mineral Lot 156 and Lot 1 of Lot 1 of Lot 2 of Mineral Lot 156; Lot 28 and Lot 29 and Lot 3Q Lot 6, Lot 41, Lot 27, Lot 31, Lot 32, Lot 33, Lot 34, Lot 2 of Lot 35, Lot 2 of Lot 1 of Lot 35, Lot 1 of Lot 1 of Lot 35, Lot 1 of Lot 36, Lot 2 of Lot 36, Lot 1 of Lot 37, Lot 2 of Lot 37, Lot 1 of Lot 38, Lot 2 of Lot 38, Lot 1 of Lot A, Lot 2 of Lot A, Lot 39, Lot 1 of Lot 4Q Lot 2 of Lot 4Q Lot 1, Lot 2, Lot 3, Lot 4, Lot 5, Lot 1 of Lot 24, all in Reche's Subdivision; Lot 1 through Lot 17, and Lot 17A and Lot 17B, all in Reche's Subdivision #2; Lot 1 of Lot 1 of Steffen's Place; Lot 25 and Lot 26 of Reche's subdi- vision; and to the center line of the adjoin- ing public right-of-way, all in the City of Du- buque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5(1993), and as an express condition of amending the University of Du- buque Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed Regular Session, March 3, 1997 to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described ID Institutional District: 1) Principal permitted uses shall be limited to a) Colleges and universities. [45] b) Vocational schools. [45] c) Seminaries. [45] d) Offices for administrative personnel or other institutional employees and affiliates. [14] e) Churches [7], libraries, and museums. [13] f) Classrooms, laboratories, lecture halls, and similar places of institutional assembly. [45] g) Off-street parking and loading. [NA] h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates. [9] I) Single-family, two-family [11] or multi-family dwellings for the housing of institutional residents or affiliates. [9] 2) Accessory uses. The following uses shall be permitted as accessory uses in the above described ID Institutional District: a) Located entirely within a principal building, bookstores or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Of- fice Residential District. b) All uses customarily incidental to the princi- pal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial uses outside the principal building. 3) No conditional uses shall be allowed. B. Lot and Bulk Regulations. Development of land in the ID Institutional District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the at- tached conceptual development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. 2) A maximum building height of 50 feet shall be allowed for the new academic building. C. Pertormance Standards The development and maintenance of uses in this ID Institutional District shall be es- tablished in conformance with Section 3- 5.2 of the Zoning Ordinance and the follow- ing standards: 1) The existing commuter lot shall be ex- panded by use of the existing University of Dubuque property fronting on Pearl Street prior to construction of the new academic building. 2) Lighting shall be provided per City stan- dards. 3) Landscaping shall be provided in compli- ance with Section 4.4 of the Zoning Ordi- nance and as stipulated in the conceptual development plan. 4) All utilities including telephone and cable television shall be installed underground. 5) No grading, excavating, or other land dis- turbing activity may occur before approval is granted for a final subdivision plat and improvement plans, and/or a final site development plan. 6) Final site development plans shall be sub- mitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parking Requirements 1) The off-street parking requirement for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [ 9] 1.5 spaces for each dwelling unit. [11 ] Two spaces for each dwelling unit. [14] One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [ 7] One space for each four permanent seats. [13] One space for each five hundred sq- uare feet of floor area accessible to the general public. [45] Donnitories -one space for each bed. Gymnasiums -one space for each six permanent seats. Employees-.75 spaces for each employee on the maximum shift. E. Open Space and Recreational Areas Those areas not designated on the concep- tual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. F. Sian Regulations. The sign regulations shall be the same as that which are allowed in the ID Institutional Distract as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards. 1) The conceptual development plan shall be valid for a period of five (5) years provided final site development plan is submitted within two years from the date of approval. 2) That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual develop- ment plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. Modifications. Any modifications of this Ordinance must be approved by the City Council in accorance with zoning reclassification pro- ceedings of Section 6 of the Zoning Ordi- nance. J. Recordino. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a perma- nent record of the conditions accepted as part of this reclassification approval within ten (10) days of the adoption of this ordinance. This ordinance shall be binding upon the under- signed and all his/her heirs, successors and assignees. Regular Session, March 3, 1997 Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. That the foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 17-97 I, Bruce Meriwether, representing the University of Dubuque, having read the terms and conditions of the foregoing Ordinance No. 17-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 3rd day of March, 1997. By /s/ Bruce Meriwether Interim President, University of Dubuque Published officially in the Telegraph Herald newspaper this 10th day of March, 1997. 1t 3/10 Mary A. Davis CMC, City Clerk Council Member Buol moved final consider- ation and passage of the Ordinance. Sec- onded by Council Member Nicholson. Motion carried 7-0. Notice of Public Hearing to consider ordi- nance adopting a new Section 7-1 to the Zoning Ordinance, presented and read. Council Member Voetberg moved that the notice be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. An Ordinance Amending Zoning Ordinance by adopting a new Section 7-1 in lieu thereof pertaining to fees required, said Ordinance having been presented and read at the Council Meetings of 2-17-97, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 18-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 7-1 AND ADOPTING SECTION 7-1 IN LIEU THERE- OF PERTAINING TO FEES REQUIRED. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordi- nance) of the City of Dubuque Code of Ordi- nances is hereby amended by repealing Sec- tion 7.1 and adopting the following new Sec- tion 7.1 in lieu thereof: 7-1. Fees required. Any application for the following development services shall be accompanied by the requisite fee: 1) variance; 2) conditional use permit; 3) special exception; 4) appeals to the board of adjustment; 5) amendment to this ordinance; 6) reclassification of property; 7) planned district proposals; 8) site plan review; 9) temporary sign certificate; 10) temporary use; 11) flood plain permit; 12) flood way permit; 13) limited setback waiver. An application for any of the above develop- ment services for which a zoning violation has been documented by the city planner also shall be subject to a zoning violation fee. Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory Com- mission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 1997. 1t 3/10 Mary A. Davis CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Krieg. Motion carried 7-0. Notice of Public Hearing to consider dis- posing of city-owned property located at 553- 561 Loras Blvd. and City Manager recom- mending to proceed with sale of said property, presented and read. Council Member Voet- berg moved that the notice and communica- tion be received and filed. Seconded by Council Member Michalski. Motion carried 7- 0. RESOLUTION NO. 99-97 RESOLUTION APPROVING THE DIS- POSAL OF CITY-OWNED PROPERTY, SPECIFICALLY, LOT ONE (1) AND LOT TWO (2) OF THE WEST ONE-HALF (W1/2) OF LOT FIVE (5) YATES AND PICKETTS IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 553-561 LORAS BOULEVARD. Whereas, pursuant to a notice, duly pub- lished in the Telegraph Herald newspaper, the Cily Council of Dubuque, Iowa, met on the 3rd day of March, 1997, at 7:00 p.m. in the Carne- gie Stout Public Library Auditorium, 11th and Bluff Street, Dubuque, Iowa, to consider the proposal to dispose of City-owned real estate located at 553-561 Loras Boulevard which property is legally described as follows: Lot One (1) and Lot Two (2) of the West One-Half (W%) of Lot Five (5) Yates and Pickens in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. Whereas, such property is proposed to be sold to Steven J. Gudenkauf in consideration for Two Thousand One Hundred ($2,100); and Whereas, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Regular Session, March 3, 1997 Iowa, in the herein and above-named real estate to the above-named grantees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque in the above-described property to Steven J. Gudenkauf is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed, conveying the above de- scribed real estate to the above-named gran- tee. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 1997. 1t 3/10 Mary A. Davis CMC, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager recommending approval on amendment to the Community Development Block Grant Fiscal Year 1997 Annual Action Plan, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 100-97 RESOLUTION APPROVING AMENDMENT N0.2 TO THE PROGRAM YEAR 22 AN- NUAL ACTION PLAN FOR USE OF COM- MUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed a Community Development Block Grant 22nd Program Year Annual Action Plan on May 6, 1996; and Whereas, said Plan was amended by Resolution No. 442-96 on December 2, 1996; and Whereas, the City of Dubuque now desires to further amend said Plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community De- velopment Advisory Commission; and Whereas, the City advertised a public comment period beginning January 24, 1997; and Whereas, the Community Development Advisory commission reviewed the proposed amendments at a public hearing on February 25, 1997, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant 22nd Program Year Annual Action Plan Amendment No. 2 hereto attached as Exhibit A, is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution and all related and necessary documents to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 3rd Day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting Council to ap- prove the selection of a design and engineer- ing consultant for development of the County Farm Industrial area, presented and read. Council Member Krieg moved that the commu- nication be received and filed and approved the recommendation of City Manager and Staff for the firm of Kirkham Michael Consult- ing Engineers. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending to set the voluntary annexation request from Patrick and Patricia Kennedy fora public hearing on March 17, 1997, presented and read. Coun- cil Member Michalski moved that the commu- nication be received and filed and approved setting the hearing for March 17, 1997 at 7:00 p.m. in the Public Library Auditorium and directed the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. City Manager submitting an Amended purchase Agreement with Corey Development for Cily-owned property containing 12.5 acres, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 101-97 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 3 OF 1 OF 1 OF THE NW 1/4 SW 1/4 AND LOT 3 OF 2 OF 2 OF THE E 1/2 SW 1/4 ALL IN SECTION 16 T89N R2E IN DUBUQUE COUNTY, IOWA TO COREY DEVELOPMENT, LTD. Whereas, the City of Dubuque is the cur- rent owner of Lot 3 of 1 of 1 of the NW 1/4 SW1/4 and Lot3of2of2of the Ell of the SW 1/4 all in Section 16 T89N R2E in Du- buque County, Iowa; and Whereas, the adjacent property owner, Mr. Wendell Corey of Corey Development, Ltd. has petitioned to purchase said property from the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in Lot 3 of 1 of 1 of the NW 1/4 of the SW 1/4 and Lot 3 of 2 of 2 of the E 12 of the SW 1 /4 of Section 16 T89N R2E in Dubuque County, Iowa to Wen- dall W. Corey of Corey Development, Ltd. Regular Session, March 3, 1997 Section 2. That the conveyance of the City's interest shall be for the sum of $410,000.00 payable at $1,000.00 at the time of City acceptance of the Real Estate Con- trail, $50,000.00 at the right of possession on March 19, 1997, and $359,000.00 on June 1, 1997. Section 3. That the City Clerk is hereby authorized and directed to cause a notice to be published as described under Section 364.7 Disposal of Property, Code of Iowa, 1995, or as amended. Passed, approved and adopted this 3rd day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Mem- ber Robbins. Motion carried 7-0. Bud Isenhart, 8908 Quail Rd.., spoke concerning the proposed budget and stated appreciation for the proposed neighborhood parks. There being no further business, Council Member Voetberg moved to adjourn. Sec- onded by Council Member Buol. Motion carried 7-0. The meeting adjourned at 7:54 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted 1997 Mayor Attest: Council Members City Clerk Regular Session, March 17, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, March 17, 1997 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. John Hulsizer, Pastor of the Church of the Nazarene. PROCLAMATIONS: April 26 as "Kids' Day America/Dubuque' received by Nicole Lachner. Ann Baumann of McKay Nursery presented certificates for three 10' shade trees to the Mayor for the City. MINUTES SUBMITTED- Environmental Stewardship Advisory Commission of 3-4; Housing Code Appeals Board of 2-18; Housing Commission of 2-11; Housing Commission Trust Fund Committee of 3-6; Human Rights Commission of 2-10; Long Range Planning Advisory Commission of 2- 19; Zoning Advisory Commission of 3-6; Zoning Board of Adjustment of 2-27, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. damage to property at 1865 Admiral St.; Charles J. Haugen in estimated amount of $298.75 for vehicle damages; David Havelka in amount of $543.48 for vehicle damages; Mary Ransdell in amount of $1771.97 for property damages; Janann Wallace in unknown amount for personal injuries; Melinda J. Walters in estimated amount of $985.39 for vehicle damages; Kelli Wardle in amount of $246.20 for vehicle damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval of final plat for property located at 3990 Central Ave., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 106-97 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 4, INCLUSIVE, OF FROMMELT PLACE, ALL COMPRISED OF LOT 2 OF 1 OF NW 1/4 OF SE 1/4, LOT 1 OF 3 OF NE 1/4 OF SE 1/4, LOT 5 OF 3 OF W ^/: OF NE 1/4, LOT 1 OF 2 OF SE 1/4 OF NE 1/4, AND LOT 2 OF 3 OF NE 1/4 OF SE 1/4, SECTION 11, T89N, R2E OF THE FIFTH P.M., IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat Lots 1 through 4, inclusive, of Frommett Place, all comprised of Lot 2 of 1 of NW1/4 of SE 1/4, Lot 1 of 3 of NE 1/4 of SE 1/4, Lot 5 of 3 of W % of NE 1/4, Lot 1 of 2 of SE 1/4 of NE 1/4, and Lot 2 of 3 of NE 1/4 of SE 1/4, Section 11, T89N, R2E of the Fifth P.M., in the City of Dubuque, Iowa. Whereas, said plat provides 20 feet of frontage for Lot 4, where 60 feet of frontage is required by the Zoning Ordinance; and Whereas, said final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Proofs of Publication on publishing Council proceedings for meeting of 2-17 and List of Claims and Summary of Revenues for month ending January, 1997, presented and read. Council Member Voetberg moved that the proofs be received and filed. Seconded by Council Member Nicholson. Motion carried 7- 0. Finance Director submitting financial reports for February, 1997, presented and read. Council Member Voetberg moved that the reports be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. NOTICES OF CLAIMS/SUITS -Greg J. and Cynthia A. Cigrand Qn Small Claims Court) in the amount of $3,357.00 for water Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the requirement for 60 feet of lot frontage is waived to allow Lot 4 to have 20 feet of lot frontage; and Section 2. That the final plat of Lots 1 through 4, inclusive, of Frommelt Place, all comprised of Lot 2 of 1 of NW 1/4 of SE 1/4, Lotl of3of NE 1/4 of SE 1/4, Lot5of3ofW of NE 1/4, Lot 1 of 2 of SE 1/4 of NE 1/4, and Lot 2 of 3 of NE 1/4 of SE 1/4, Section 11, T89N, R2E of the Fifth P.M., in the City of Dubuque, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the Regular Session, March 17, 1997 City of Dubuque, Iowa, upon said plat. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. therein. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval of no Significant Change to the existing PUD at 777 Edwards Road as requested by Edwards Precast Concrete, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending to forward "Iowa In Motion" Plan to Iowa DOT and authorize Mayor to execute communication, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Nicholson. Motion carried 7-0. DNR submitting the Water Compliance Inspection Update, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager advising of forwarding a Letter of Support (Senate File 76) to area legislators, concerning the granting of access to Iowa Communication Network to cities, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. Cily Manager recommending acceptance of City Hall Basement Window Replacement project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 107-97 ACCEPTING IMPROVEMENT Whereas, the contract for the City Hall Window Replacement has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Sales Tax Fund in amount equal to the amount of his contract, less any retained percentage provided for RESOLUTION NO. 108-97 FINAL ESTIMATE Whereas, the contract for the City Hall Basement Window Replacement has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $65,459.24 and the said amount shall be paid from Sales Tax Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Cily Manager recommending acceptance of Warranty Deed for property on Cedar Cross Road, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 109-97 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY AT 1101 CEDAR CROSS ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with John J. & Carole S. Heiderscheit, dated December 2, 1996, pursuant to which John J. and Carole S. Heiderscheit agreed to convey a part of Lot 2 of J. George Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, John J. and Carole S. Heiderscheit have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from John J. and Carole S. Heiderscheit, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th Regular Session, March 17, 1997 day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending a $10,000 settlement with Kenneth Middleman in relation to his claims against the City, presented and read. Council Member Voetberg moved that the communication be received and filed and approved settlement and Finance Director to issue the check. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 110-97 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYBOOK, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. Class "C" Beer Permit Lynn Kruser KC's Downtown Auto Cnt+(Sunday Sales) 205 Locust Passed, approved and adopted this 17th day March of 1997. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. BOARDS AND COMMISSIONS ZONING BOARD OF ADJUSTMENT: Applicants -Don Lochner and Greg Yoko. Vote on the appointment was as follows: Mayor Duggan voted for Lochner. Council Member Buol voted for Yoko. Council Member Krieg voted for Yoko. Council Member Michalski voted for Yoko. Council Member Nicholson voted for Yoko. Council Member Robbins voted for Yoko. Council Member Voetberg voted for Yoko. Therefore, Greg Yoko was reappointed to the Zoning Board of Adjustment for a three year term which will expire 3-25-2002. Council Member Voetberg moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Buol. Motion carried 7-0. Proofs of Publication certified to by the Publisher on Notice of Hearing on Plans and Specifications for Cedar Cross/Fremont Intersection Reconstruction Project and Notice to Property Owners advising of public hearing, presented and read. Council Member Voetberg moved that the proofs be received and fled. Seconded by Council Member Buol. Motion carried 7-0. Jim Obertoell, Robert Weeks, Carol Obertoell, Jack Heiderscheit, and Marty McNamer all spoke objecting to the sidewalk requirements in this project. RESOLUTION NO. 111-97 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL) COMMERCIAL BEER & LIQUOR LICENSE DBQ Historic Impr. The Redstone Inn +(Sunday Sales) 504 Bluff CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE Knights of Columbus Knights of Columbus #540+(Sunday Sales) 781 Locust Dubuque Racing Ass. DBQ Greyhound ParWCasino 1855 Greyhound +(Sunday/Outdoor Service) Passed, approved and adopted this 17th day of March, 1997. RESOLUTION NO. 112-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12th day of February, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Cedar Cross/Fremont Intersection Reconstruction Project. Whereas, notice of hearing on plans, specifcations, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 113-97 Regular Session, March 17, 1997 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CEDAR CROSS/FREMONT INTERSECTION RECONSTRUCTION PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the Cedar Cross/Fremont Intersection Reconstruction Project, has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 114-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Cedar Cross/Fremont Intersection Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of March, 1997. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 7th day of April, 1997. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the publisher on Notice of Intent to Dispose of property to Corey Development, Ltd. and amend the Purchase Agreement and City Manager recommending approval to dispose of property and amend agreement, presented and read. Council Member Buol moved that the proof and communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 115-97 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 7th day of March, 1997, the City Council of the City of Dubuque, Iowa met on the 17th day of March, 1997, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 3 of 1 of 1 of the NW 1/4 SW 1/4, and Lot 3 of 2 of 2 of the E % SW 1/4 all in Section 16, T89N, R2E in Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, except for easement as noted, in the hereinabove described real estate to Corey Development, Ltd. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot 3 of 1 of 1 of the NW 1/4 SW 1/4, and Lot 3 of 2 of 2 of the E % SW 1/4 all in Section 16, T89N, R2E in the City of Dubuque, Iowa to Corey Development, Ltd. be and the same is hereby approved for the sum of $410,000.00 payable $1,000.00 at the time of City acceptance of the Real Estate Contract, $50,000.00 at the right of possession on March 19, 1997, and $359,000.00 on June 1, 1997, plus cost of publication, platting and filing fees; as conditioned upon the REAL ESTATE CONTRACT attached hereto; conveyance shall be by Warranty Deed. Section 2. That the Mayor be authorized and directed to execute the attached REAL ESTATE CONTRACT and Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantee upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. Regular Session, March 17, 1997 Proof of publication certified to by the publisher on Notice of hearing to consider annexing property for Patrick & Patricia Kennedy and City Manager recommending approval of annexation, presented and read. Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. RESOLUTION NO. 116-97 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA Whereas, Patrick A. and Patricia M. Kennedy, as owners of approximately 5.04 acres of property lying outside the corporate limits of the city of Dubuque, Iowa, have voluntarily petitioned for annexation of said territory to the City of Dubuque, as shown in Exhibit 1; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a resolution after notification as required by State regulations; and Whereas, the future growth and development of the city of Dubuque, Iowa make it desirable that said property be made a part of the city of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the city of Dubuque, Iowa be, and they are hereby extended, to include the property legally described as Lot 1 of Lot 1 Mineral Lot 216, Lot 2 of Lot 2 of Lot 2 of Lot 2, Lot 1 of Lot 2 of Lot 2 of Lot 2 and Lot 1 of Lot 2 of Lot 2 Cedar Ridge Acres, in the Northwest Quarter of Section 34, Township 89 North, Range 2 East of the Fifth Principal Meridian in Dubuque County, Iowa. Section 2. That the territory hereby annexed shall become a part of the First Ward, Third Precinct of the city of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all Exhibits and the petition for voluntary annexation with the Secretary of State and the Dubuque County Recorder. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 7-0. Proof of publication certified to by the publisher on Notice of Hearing on Plans and Specifications for the Dubuque Greyhound Park and Casino Reroofing Project, presented and read. Council Member Buol moved that the proof of publication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. RESOLUTION NO. 117-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12th day of February, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Greyhound Park and Casino Reroofing Project. Whereas, notice of hearing on plans, specifcations, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. Proof of publication certified to by the publisher on Notice to Bidders for project and City Manager recommending to award contract for project, presented and read. Council Member Buol moved that the proof and communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. RESOLUTION NO. 118-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Dubuque Greyhound Park and Casino Reroofing Project pursuant to Resolution No. 89-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st of February, 1997. Whereas, said sealed proposals were opened and read on the 6th day of March, 1997 and it has been determined that the bid of Giese Sheet Metal Company of Dubuque, Iowa in the amount of $29,982.00 was the lowest bid for the furnishings of all labor and materials and pertorming the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Giese Sheet Metal Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete pertormance of the work. BE IT FURTHER RESOLVED: Regular Session, March 17, 1997 That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. Proof of publication certified to by the publisher on Notice of Hearing on Plans and Specifications for the Dubuque Greyhound Park and Casino Kennel Improvements, presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 119-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12th day of March, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Greyhound Park and Casino Kennel Improvements. Whereas, notice of hearing on plans, specifcations, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. Whereas, sealed proposals have been submitted by contractors for the Dubuque Greyhound Park and Casino Kennel Improvements pursuant to Resolution No. 92- 97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21st day of February, 1997. Whereas, said sealed proposals were opened and read on the 6th day of March, 1997 and it has been determined that the bid of Conlon Construction Company of Peosta, Iowa in the amount of $138,370.00 was the lowest bid for the furnishings of all labor and materials and pertorming the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Conlon Construction Company and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete pertormance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. Communication of Kevin Riniker requesting to address the Council regarding the pending sale between C.P. Railway and the new startup I&M RailLink, presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. Kevin Riniker spoke objecting to the sale. John Grewell, VP of I & M Raillink, spoke giving clarifying specifics. Dennis Harness of United Transportation Union Legislature Rep. from Ottumwa, IA also spoke. Proof of publication certified to by the publisher on Notice to Bidders for project and City Manager recommending to award contract for project, presented and read. Council Member Robbins moved that the proof and communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins, Voetberg. Nays-None. Abstain-Council Member Krieg. RESOLUTION NO. 120-97 AWARDING CONTRACT Communication of Patrick Hendricks, Iowa Legislative Director of United Transportation Union requesting City oppose the proposed transaction, presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 121-97 A RESOLUTION URGING OPPOSITION TO THE SALE OF KANSAS CITY LINE AND THE NORTHERN CORN LINE BY THE Regular Session, March 17, 1997 CANADIAN PACIFIC RAIL SYSTEM TO THE MONTANA BASED WASHINGTON CORPORATION Whereas, the City Council of the City of Dubuque, Iowa, desires to express its opposition to the sale of Kansas City Line and the Northern Corn Line by the Canadian Pacific Rail system to the Montana based Washington Corporation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque Iowa: That this City Council wishes to make known its opposition to the sale, and to ask the U.S. Surtace Transportation Board to REVOKE the Notices of Exemption filed by I and M Rail Link and its affiliates in Finance Docket Numbers 33326, 33327 and 33328. BE IT FURTHER RESOLVED that the City Council opposes this transaction in its entirety because of the adverse impact on our entire community. Passed and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Cily Manager requesting approval of award of Housing Trust Funds for affordable housing project as recommended by the Housing Commission, presented and read. Council Member Voetberg moved that the communication be received and filed and approved request. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager recommending to establish a curtew for all person under the age of 17 and set for a hearing on May 5, 1997 if Council desires, presented and read. Council Member Nicholson moved to refer this to the Legal Staff to prepare the proposed Ordinance and set for Hearing on May 5, 1997. Seconded by Council Member Robbins. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays-Mayor Duggan, Council Member Voetberg. City Manager requesting direction on membership for Highway 20 West Association, presented and read. Council Member Nicholson moved to approve the expenditure of $75.00. Seconded by Council Member Krieg. Vote on the motion was as follows: Yeas-Council Member Nicholson. Nays-Mayor Duggan, Council Members Buol, Krieg, Michalski, Robbins, Voetberg. MOTION FAILED. City Manager requesting to terminate Couler Valley Redevelopment Area Urban Renewal District, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. An Ordinance Repealing Ordinance No. 37-86 which established the Tax Increment Financing District for the Couler Valley Redevelopment Area Urban Renewal District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 22-97 AN ORDINANCE REPEALING ORDINANCE NO. 37-86 WHICH ESTABLISHED THE TAX INCREMENT FINANCING DISTRICT FOR THE COULER VALLEY REDEVELOPMENT AREA URBAN RENEWAL DISTRICT. Whereas, Resolution No. 93-86 establishing the Couler Valley Redevelopment Area Urban Renewal District was approved by the City Council on May 19, 1986; and Whereas, Ordinance No. 37-86 establishing the Tax Increment Financing District for the Couler Valley Redevelopment Area Urban Renewal District was approved on May 19, 1986; and Whereas, the purpose of the Resolution and Ordinance was to provide for the expansion of the Swiss Valley industrial facility; and Whereas, the plan for the Couler Valley Tax Increment Financing District has been completed with the final payment made in fiscal year 1997 and all qualifying indebtedness of the District has been paid as required by Iowa Code §403.19(2); and Whereas, the City Council now finds that the purpose of the Ordinance has been accomplished; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 37-86 establishing the Tax Increment Financing District for the Couler Valley Redevelopment Area Urban Renewal District is hereby repealed. Section 2. The City Manager is hereby authorized and directed to send notification of the termination of the District to the Dubuque County Auditor and to all affected taxing entities. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of March, 1997. 1t 324 Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Michalski. Motion carved 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 122-97 RESOLUTION RESCINDING NO. 93-86 ESTABLISHING THE COULER VALLEY REDEVELOPMENT AREA URBAN Regular Session, March 17, 1997 RENEWAL DISTRICT AND TERMINATING THE URBAN RENEWAL PLAN WITH RESPECT TO SAID DISTRICT. Whereas, by Resolution No. 93-86, approved May 19, 1986, the City Council established the Couler Valley Redevelopment Area Urban Renewal District and approved an urban renewal plan for said District; and Whereas, the purpose of the Resolution and the Urban Renewal Plan was to allow for the expansion of the Swiss Valley industrial facility; and Whereas, the purpose of the Resolution establishing the district has now been accomplished; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 93-86 establishing the Couler Valley Redevelopment Area Urban Renewal District is hereby rescinded and the Urban Renewal Plan approved for such District is hereby terminated and of no further force or effect. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting approval of an amendment to the City of Dubuque's recyclables processing contract with BFI Recycle Now, presented and read. Council Member Nicholson moved that the communication be received and filed and approved request. Seconded by Council Member Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at 624 N. Burden from R-1 to R-2 as requested by John Sanner, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property at 624 N. Burden St. from R-1 Single-Family Residential District to R-2 Two-Family Residential District, presented and read. Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 7th day of April, 1997 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval to create a PR District to Midway Mobile Home Park at 3100 Brunskill Road as requested by Larry & Anne Kretz, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located at 3100 Brunskill Road from R-4 Multi-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Development Plan, with conditions, presented and read. Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 7th day of April, 1997 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval to amend PR District for Stonehill Care Center at 3485 Windsor Avenue, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. An Ordinance Amending Zoning Map to amend the Conceptual Development Plan for properly located at Padre Pio Drive, located in a PUD Planned Unit Development District with a PR Planned Residential designation, presented and read. Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 7th day of April, 1997 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager submitting documents providing for bidding process for Construction of Kelly Lane/Pego Court Sanitary Sewer Extension Phase II, presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 123-97 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Kelly Lane/Pego Court Sanitary Sewer Extension -Phase II, in the estimated amount of $224,539.14, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 124-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Regular Session, March 17, 1997 Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Kelly Lane/Pego Court Sanitary Sewer Extension - Phase II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of April, 1997, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, fonn of contrail and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the dayfxed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 125-97 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Kelly Lane/Pego Court Sanitary Sewer Extension -Phase II. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from Sanitary Sewer Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been pertormed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of March, 1997. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 126-97 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Kelly Lane/Pego Court Sanitary Sewer Extension -Phase II; and Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of April, 1997, a public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and direiled to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objeilions to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 17th day March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 127-97 Regular Session, March 17, 1997 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Kelly Lane/Pego Court Sanitary Sewer Extension - Phase II and the valuations set out herein are hereby approved. Passed, approved and adopted this 17th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 128-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Kelly Lane/Pego Court Sanitary Sewer Extension -Phase II is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 27th day of March, 1997. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 7th day of April, 1997. Passed, adopted and approved this 17th day of March, 1997. Terrance M. Duggan, Mayor Dubuque Days in Des Moines and voiced appreciation for action taken on I & M RailLink. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Michalski. Motion carried 7-0. The meeting adjourned at 8:57 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted 1997 Mayor Attest: City Clerk Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager and Police Chief recommending to set public hearings for 4-7- 97 regarding assessment of License Penalties for AlcoholUolations: TFM d/b/a Oky Doky#6 at 1256 Iowa St.; Molo Oil Co. d/b/a Big 10 at 9th Central and Iowa Oil Co. d/b/a IOCO Speede Shoppe at 3270 Dodge Street, presented and read. Council Member Voetberg moved that the recommendations be approved and approved and set the Public Hearings for April 7, 1997 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk give notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. Council Members Rick Dickinson of GDDC, spoke of Soecial Session, March 31, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Monday, March 31, 1997 Council met at 4:30 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Member Nicholson. possession, and $359,000.00 on June 1, 1ss7. Section 3. That the City Clerk is hereby authorized and directed to cause a notice to be published as described under Section 364.7 Disposal of Property, Code of Iowa, 1995, or as amended. Passed, approved and adopted this 31st day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 6-0. City Staff Mike Koch, Laura Carstens, Jim Burke and Tim Moerman then presented the results of the Downtown Traffic Circulation Study. Mayor Duggan read the call and stated this is a Special Session of the City Council called to set a public hearing to consider disposing of City-owned property to Corey Development, Inc. Cily Manager recommending to set a public hearing on April 7, 1997 for the purpose to consider disposing of City property to Corey Development, Inc., presented and read. Council Member Voetberg moved that the communication be received and filed and approved setting the public hearing for 4-7-97 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 6-0. RESOLUTION NO. 129-97 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 3 OF 1 OF 1 OF 1 OF THE NW 1/4 SW 1/4 AND LOT 3 OF 2 OF 2 OF THEE 1/2 SW 1/4 ALL IN SECTION 16 T89 R21N DUBUQUE COUNTY, IOWA TO COREY DEVELOPMENT, LTD. Whereas, the City of Dubuque is the current owner of Lot 3 of 1 of 1 of 1 of the NW 1/4 SW 1/4 and Lot3of2of2of the Ell of the SW 1/4 all in Section 16 T89N R2E in Dubuque County, Iowa; and Whereas, the adjacent property owner, Mr. Wendall Corey of Corey Development, Ltd., has petitioned to purchase said property from the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in Lot 3 of 1 of 1 of 1 of the NW 1/4 of the SW 1/4 and Lot 3 of 2 of 2 of the E 12 of the SW 1/4 of Section 16 T89N R2E in Dubuque County, Iowa to Wendall W. Corey of Corey Development, Ltd. Section 2. That the conveyance of the City's interest shall be for the sum of $410,000.00 payable at $1,000.00 at the time of City acceptance of the Real Estate Contract, $50,000.00 at the right of At 6:23 p.m., Council Member Voetberg moved to go into Closed Session in accordance with Ch. 21.5 1.Q) 1995 Code of Iowa to discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Michalski. Motion carried 6-0. Council reconvened Regular Session at 6:51 p.m. with statement that Staff had been given direction. Council Member Voetberg moved that it be resolved to approve an amendment on the Offer to Buy real estate and acceptance between the City of Dubuque (buyer) and William and Janet Siegert (seller) dated December 23, 1996 and to authorize the Mayor to execute. Seconded by Council Member Michalski. Motion carried 6-0. There being no further business, Council Member Krieg moved to adjourn the meeting. Seconded by Council Member Buol. Motion carried 6-0. The meeting adjourned at 6:53 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted 1997 Mayor Regular Session, March 31, 1997 Attest: Council Members City Clerk Special Session, March 4, 1997 DUBUQUE CITY COUNCIL each department. Janet Marxen, on behalf of Frank Hardie's, spoke questioning the Sign Permit Fees. OFFICIAL PROCEEDINGS City Council, Special Session, March 4, 1997. Council Met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to conduct a Public Hearing on the FY'98 Budget. PUBLIC HEARING ON FV'98 BUDGET Proofs of publication certified to by the Publisher on Notice of Public Hearing on Budget Estimate for FY'98 AND Notice of Public Hearing on Five Year Capital Improvement Program beginning July 1, 1997 through the fiscal year ending July 1, 2002, presented and read. Council Member Voetberg moved that the proofs be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Long Range Planning Advisory Comm. recommending Council hire a consultant to assist City Staff with revision of the Zoning Ordinance, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Long Range Planning Advisory Comm. advising of their approval for FY 1998-2002 Recommended CIP, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Doug Brotherton, Airport Commissioner, submitting their monetary justification regarding Employee Turn-Over costs, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Communication from City Manager on budget recommendations and decisions, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Solicitation of public comments was made by Mayor Duggan for the proposed budget for RESOLUTION NO. 102-97 A RESOLUTION ADOPTING THE ANNUAL BUDGET AS AMENDED FOR THE FISCAL YEAR ENDING JUNE 30, 1998 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget as amended for the fiscal year ending June 30, 1998, as set forth in the Adoption of Budget and Certification of Taxes summary and supporting state budget forms and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the City Clerk is directed to make the filings required by law and to set up the books in accordance with the summary and details as adopted. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution, as amended. Seconded by Council Member Michalski. Motion carried 7- 0. RESOLUTION NO. 103-97 ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a recommended five year Capital Improvement Program for the period beginning July 1, 1997 and ending June 30, 2002 for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the five year Capital Improvement Program: (1) describes specific capital improvement projects, (2) provides estimated costs for those projects, (3) proposes sources of funds for each of them; and (4) schedules the year during which each project will be undertaken; and WHEREAS, the capital improvement projects for the first year are included in the Fiscal Year 1998 budget for the City of Dubuque; and WHEREAS, the five year Capital Improvement Program will be reconsidered annually by the City Council and appropriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Improvement Program for the period beginning July 1, 1997, set out in the Fiscal Year 1998- 2002 Recommended Capital Improvement Budget as recommended is hereby approved Soecial Session, March 4, 1997 and adopted as the proposed allocation of the City resources for capital improvements as scheduled in the years shown, subject to annual review and revision. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution, as amended. Seconded by Council Member Nicholson. Motion carried 7- 0. An Ordinance Amending Ch. 40 "Solid Waste' by adding new definitions for Class I, Class II, Class III and Premises and establishing fees for the collection and disposal of Solid Waste and recyclable materials and exceptions thereto, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-97 AN ORDINANCE AMENDING CHAPTER 40 SOLID WASTE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY DELETING FROM SECTION 40-1 THE DEFINITIONS "CLASS I PREMISES" AND "CLASS II PREMISES" AND BY ADDING THERETO NEW DEFINITIONS FOR "CLASS I PREMISES," "CLASS II PREMISES," "CLASS III PREMISES," AND "PREMISES" AND BY AMENDING SECTION 40-37 ESTABLISHING FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS AND EXCEPTIONS THERETO BY ADDING A NEW PARAGRAPH (c) CLASS III PREMISES AND BY RELETTERING PARAGRAPH (c) SPECIAL COLLECTION AS PARAGRAPH (d) SPECIAL COLLECTION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-1 of the City of Dubuque Code of Ordinances is hereby amended by deleting the definitions "Class I Premises" and "Class II Premises" and adding thereto the following new definitions: Class 1 premises shall mean and include: (1) Single-family dwellings; (2) Multiple-family dwellings up to and including six (6) dwelling units. Class 1 premises include dwelling units in business or commercial premises. Where two (2) or more laterally connected or joined dwelling units, including condominiums, townhouses and row houses, in which each dwelling unit has separate access and utility service, each dwelling unit shall constitute a single-family dwelling. Class 11 premises shall mean residential premises other than Class I residential premises, including: (1) Dwellings in trailer courts; (2) Schools, colleges, churches, convents, nursing homes, rooming houses and other semiprivate institutions; and (3) Multiple-family dwellings exceeding six (6) dwelling units. Class 111 premises shall mean all business and commercial premises, including that part of a residential premises with a business or commercial use. Premises shall mean a building or part of a building and its grounds. Section 2. Section 40-37 of the City of Dubuque Code of Ordinances is hereby amended by relettering Paragraph (c) Special Collection as Paragraph (d) Special Collection and by adding to said Section the following new Paragraph (c): (c) Class III Premises: The charge for collection service to Class III premises receiving such services shall be based on the average weekly quantity of solid waste collected, as determined by the City Manager. The rate charged shall be a multiple of the rate charged Class I premises as follows: (1) Zero to seventy-five pounds of solid waste per week shall be charged for Class I premises rate times two. (2) Each additional unit of thirty-seven and a half pounds of solid waste per week or a fraction thereof shall be charged for Class I premises rate times one. Notwithstanding the foregoing, the owner of a Class III premises which generates less than twenty-two pounds of solid waste per week may apply to the City Manager under procedures established by the City Manager for a reduced collection charge which shall be charged Class I premises rate times one. The owner of a Class III premises served by Cily solid waste collection may provide the City Manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such fourteen (14) day notice period. Section 3. This Ordinance shall take effect July 1, 1997. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of March, 1997. 1t 3/12 Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Buol. Motion canied 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Buol. Motion carried 7-0. An Ordinance Amending Section 32-337 of Code of Ordinances by establishing a new fee schedule for one-hour, two-hour and four-hour parking meters respectively, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-97 AN ORDINANCE AMENDING SECTION 32- 337 OF THE CODE OF ORDINANCES OF Special Session, March 4, 1997 THE CITY OF DUBUQUE, IOWA, ESTABLISHING A FEE SCHEDULE FOR PARKING METERS BY REPEALING PARAGRAPHS (1 j, (2) AND (3j, ESTABLISHING FEES FOR ONE-HOUR, TWO-HOUR AND FOUR-HOUR METERS RESPECTIVELY AND BY ADOPTING IN LIEU THEREOF NEW PARAGRAPHS (1 j, (2j, AND (3) ESTABLISHING FEES FOR ONE-HOUR, TWO-HOUR AND FOUR-HOUR METERS RESPECTIVELY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque be amended by repealing Paragraphs (1), (2), and (3) of Section 32-337 and adopting in lieu thereof the following new Paragraphs (1), (2), and (3): (1) One-hour parking meters shall show legal parking for thirty cents ($.30) per hour, but not more than a total of sixty (60) minutes at any one time. (2) Two-hour parking meters shall show legal parking for thirty cents ($.30) per hour, but not more than a total of one hundred twenty (120) minutes at any one time. (3) Four-hour parking meters shall show legal parking for thirty cents ($.30) per hour, but not more than a total of four (4) hours at any one time. This Ordinance shall take effect July 1, 1997. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of March, 1997. 1t 3/12 Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Michalski. Motion carved 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Motion carried 7-0. An Ordinance Amending Code of Ordinances by enacting in lieu thereof a new Table No. 3-C establishing a new Schedule of Fees for the issuance of Sign Permits, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-97 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE BY REVISING ARTICLE III OF CHAPTER 3 KNOWN AS THE "DUBUQUE SIGN CODE" BY REPEALING TABLE NO. 3L "SIGN PERMIT FEES" AND ENACTING IN LIEU THEREOF A NEW TABLE NO. 3-C ESTABLISHING A NEW SCHEDULE OF FEES FOR THE ISSUANCE OF SIGN PERMITS. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 47-94 is hereby amended by repealing Table No. 3-C and adopting a new Table No. 3-C "Sign Permit Fees" in lieu thereof as follows: TABLE NO. 3-C -SIGN PERMIT FEES TYPE AREA FEE 1. Combination Sign Up to 30 sq. ft. $20.00 31 to 50 sq. ft. 30.00 Over 50 sq. ft. 40.00 2. Fin Sign Up to 30 sq. ft. 20.00 31 to 50 sq. ft. 30.00 Over 50 sq. ft. 40.00 3. Ground Sign Up to 30 sq. ft. 40.00 31 to 50 sq. ft. 50.00 Over 50 sq. ft. 60.00 4. Marquee Sign Up to 30 sq. ft. 20.00 31 to 50 sq. ft. 30.00 Over 50 sq. ft. 40.00 5. Pole Sign Up to 30 sq. ft. 25.00 31 to 50 sq. ft. 35.00 Over 50 sq. ft. 40.00 6. Projecting Sign Up to 30 sq. ft. 25.00 31 to 50 sq. ft. 35.00 Over 50 sq. ft. 45.00 7. Roof Sign Up to 30 sq. ft. 35.00 31 to 50 sq. ft. 45.00 Over 50 sq. ft. 60.00 8. Wall Sign Up to 30 sq. ft. 20.00 31 to 50 sq. ft. 30.00 Over 50 sq. ft. 45.00 9. Sign Panel Replacement Any 15.00 (Excluding Billboards) OTHER INSPECTIONS AND FEES 1. Plan review fees when a plan is required by section 302(b) of the code, per hour of review time ..... ...................... $30.00' (minimum of one-hour charge and charged in % hr. increments beyond the first hour) 2. Inspections outside of normal business hours, per hr .....................$30.00' (minimum charge of two (2) hours) 3. Reinspection fee assessed under provisions .of. S.ecti on. 305 (g},..each..... $ 30.00' 4. Inspections for which no fee is specifically indicated, per.hnuc ..............................$30.00' (minimum charge of % hour) 5. Additional plan review required by changes, additions or revisions to approved plans, per hour ............... .................. $30.00' (minimum charge of % hour) `Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include outside plan review expense, supervision, overhead, Soecial Session, March 4, 1997 equipment, hourly wages and fringe benefits of the employees involved. Section 2. This ordinance shall take effect July 1, 1997. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 12th day of March, 1997. 1t 3/12 Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Nicholson. Motion carved 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 104-97 RESOLUTION APPROVING A FEE INCREASE FOR ANNUAL RENTAL DWELLING OPERATING LICENSES. Whereas, Section 26-7. (a) (1) of the Code of Ordinances of the City of Dubuque provides that the annual fee for operating rental dwelling units shall be as specified by Resolution of the City Council and; Whereas, the current fee schedule for rental dwelling operating licenses has remained in effect since July, 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The fee schedule for rental dwelling operating licenses is hereby amended as follows: Each dwelling (building), per dwelling $10.00 Each dwelling unit, per unit $ 8.50 Each Class B (rooming) unit, per room $ 3.00 Section 2. This fee schedule shall take effect on July 1, 1997. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 105-97 A RESOLUTION RESCINDING RESOLUTION NO. 66-92, AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF DEVELOPMENT SERVICES FEES AS PROVIDED IN THE ZONING ORDINANCE (APPENDIX A) AND THE SUBDIVISION REGULATIONS (CHAPTER 42) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, Iowa establishes by resolution certain fees for development services pursuant to the Zoning Ordinance and the Subdivision Regulations, pursuant to the attached Schedule of Planning and Zoning Fees; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 66-92 and its Schedule of Fees is hereby rescinded. Section 2. That the attached Fee Schedule is hereby approved. Section 3. That this Resolution and the attached Fee Schedule shall take effect upon publication. Passed, approved and adopted this 4th day of March, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk 1997 FEE SCHEDULE Zoning Board of Adjustment Aoolications Zoning Commission Aoolications Variance $125 Text Amendment $200 Conditional Use Permit' $150 Minor Subdivision Plat $100 Appeal $60 Preliminary Plat/Minor Subdivision 200+$10/lot Special Exception $76 Final Plat/Major Subdivision $200 Rezoning' $250+$60/acre New Planned District' $350+$60/acre Amended Planned District' $200+$26/acre Development Services Aoolications Simple Subdivision $10 Simple Site Plan $60 Sign Permit Reviews $10 Minor Site Plan $125+$10/acre Temporary Use Permits Major Site Plan $225+$10/acre 1 to 4 days $26 Flood Plain Development 5 to 15 days $60 Flood Plain Permit $100 16 to 180 days $100 Flood Way Permit $500 Extension of Subdivision Limited Setback Waiver $10 Bonding $26 Zoninq Violations Other Planning Services Zoning Violation $60 Maps $10-$20 Ordinances $10-$20 Reports $10-$30 Copies $.10/page 'Additional charges of $.60 per addressee for mailing public notices. Caps of $1,000 for Rezoning and Amended Planned District; $2,000 for New Planned District. Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. There being no further business, Council Member Voetberg moved to adjourn. Seconded by Council Member Michalski. Motion carried 7-0. The meeting adjourned at 7:24 p.m. Mary A. Davis CMC City Clerk Special Session, March 4, 1997 Approved .1997 Adopted 1997 Mayor Attest: Council Members City Clerk