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1997 May Council ProceedingsRegular Session, May 5, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Cily Council, Regular Session, May 5, 1997 Council met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Michalski, Krieg, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Notices of Claims/Suits- Cathy Brugman in estimated amount of $200.00 for vehicle damages; Carroll C. Clarkin unknown amount for vehicle damages; Laura Gronen for daughter Emily Gronen in unknown amount for personal injuries; Robert K. Laubscher, Jr., in amount of $350.14 for vehicle damages; Mr. & Mrs. Dan O'Hara in amount of $861.00 for backed up sewer damages; Robert A. Rettenmeier in amount of $280.00 for property 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 Buol. 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 Rev. George Bauman, Pastor of Holy Trinity Lutheran Church. PROCLAMATIONS -May 10 as "Food Collection By Letter Carriers' Day" received by Gary Grap; May 1-17 as "Nursing Home Week" received by Glenda Manternach, Deb Ambrosy, Administrator and Activity Dir. of Bethany Home and residents: Ethel Boyd and Charlotte Sheppele; May 11-17 as "Historic Preservation Week 1997" received by Pam Myhre-Gonyier; May 11-17 as "Peace Officers Week" and May 15 as "Peace Officers Memorial Day" received by Rev. David Pacholke and Sr. Marylee Cox; Month of May as "Foster Care Month" received by Jim Paradiso and Roger Whitt; Month of May as "Mental Health Month" received by Ann Michalski; May 6-12 as "Nurses' Week" received by Rev. David Pacholke. Mayor Duggan swore in Council Member Robbins as Mayor Pro-Tem. MINUTES SUBMITTED-Airport Commission of 3-18; Cable Teleprogramming of 4-1; Community Development Advisory Commission of 1-21, 2-25, 3-18 & 4-29; Environmental Stewardship Commission of 4- 8 & 4-24; Five Flags Commission of 3-17; Human Rights Commission of 3-10; Long Range Planning Commission of 4-17, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Proofs of Publication on publishing Council Proceedings of 3-31 & 4-7; Proof of Publication on Notice of Filing of the Final Schedule of Assessment for construction of Olympic Heights Sanitary Sewer & Watermain Extension, presented and read. Council Member Voetberg moved that the Corporation Counsel recommending settlements of following claims and direct Finance Director to issue check: Truck damage of Mark Hayes in amount of $420.67; Property damage of Horizon Development Group in amount of $300.00; Property damage of SBM Investment in the amount of $777.76, presented and read. Council Member Voetberg moved that the communications be received and filed and settlements approved. Seconded by Council Member Buol. Motion carried 7-0. Corporation Counsel advising following claims have been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Personal injury of Julie Billmeyer; Property damage of Eagle Window & Door, Inc.; Personal injury of Ronda Kirkegaard; Property damage of Bill J. Merritt, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Corporation Counsel recommending denial of following claims: Property damage of Grand Opera House; Property damages (8) of Marylin Kennedy, presented and read. Council Member Voetberg moved that the communications be received and filed and denials approved. Seconded by Council Member Buol. Motion carried 7-0. Denise Erschen requesting to purchase Lot 100 in Lenox Addition (Carlton Avenue, approaching Van Buren) adjacent to her property at 2767 Carlton Ave., presented and read. Council Member Voetberg moved that this matter be referred to the City Manager. Seconded by Council Member Buol. Motion carried 7-0. Martin J. McNamer requesting City to vacate and make available to him property adjoining his property in Fremont Heights, presented and read. Council Member Voetberg moved that the communication be referred to the City Manager. Seconded by Council Member Buol. Motion carried 7-0. Regular Session, Mav 5, 1997 Bill & Jane Duggan requesting vacation and purchase of alley adjacent to his property at 250 Cross Street, presented and read. Council Member Voetberg moved that the request be referred to the City Manager. Seconded by Council Member Buol. Motion carried 7-0. Dubuque Symphony Orchestra requesting to conduct fireworks display on Sunday, August 31, 1997 of the southern end of Hawthorne Street Landing, presented and read. Council Member Voetberg moved that the request be referred to the City Manager for implementation. Seconded by Council Member Buol. Motion carried 7-0. 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 $136,036 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of May, 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. Canadian Pacific Railway advising the sale of their railway lines and indicating that I&M Rail Link now owns all of the railroad property formerly operated by Canadian Pacific/Soo Line, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager recommending acceptance of Eagle Point Park Rest Room Project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 180-97 ACCEPTING IMPROVEMENT WHEREAS, the contract for the EAGLE POINT PARK REST ROOM CONSTRUCTION PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of May, 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. 181-97 FINAL ESTIMATE WHEREAS, the contract for the EAGLE POINT PARK REST ROOM CONSTRUCTION PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof Cily Manager recommending acceptance of Mechanic's Building Addition at park maintenance headquarters, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 182-97 ACCEPTING IMPROVEMENT WHEREAS, the contract for the MECHANIC'S BUILDING ADDITION PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of May, 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. 183-97 FINAL ESTIMATE WHEREAS, the contract for the MECHANIC'S BUILDING ADDITION PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; 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 $33,958, and the said amount shall be paid Regular Session, May 5, 1997 from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of May, 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. Cily Manager recommending acceptance of Open Air Pavilion Roofing project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION 184-97 ACCEPTING IMPROVEMENT WHEREAS, the contract for the EAGLE POINT PARK OPEN AIR PAVILION ROOFING PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of May, 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 185-97 FINAL ESTIMATE WHEREAS, the contract for the EAGLE POINT PARK OPEN AIR PAVILION ROOFING PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; 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 $29,740, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of May, 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. Michael J. Anderson submitting resignation from Historic Preservation Commission, presented and read. Council Member Voetberg moved that the communication be received and filed and accepted with regret. Seconded by Council Member Buol. Motion carried 7-0. Altomey Alfred Hughes on behalf of Dodds River Terminal, Inc. requesting to lease additional and adjacent land to Terminal Street, presented and read. Council Member Voetberg moved that the communication be referred to the City Manager. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of request of Dubuque Yacht Basin to sublease portion of its leased property from the City to Douglas Jennings, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 186-97 RESOLUTION GRANTING AUTHORIZATION TO DUBUQUE YACHT BASIN TO SUBLEASE PROPERTY LEASED FROM THE CITY OF DUBUQUE TO R. DOUGLAS JENNINGS, D/B/A THE WHEEL HOUSE, INC., OF DUBUQUE, IOWA Whereas, the City of Dubuque, Iowa, has leased to Dubuque Yacht Basin, Inc., an Iowa Corporation, certain real property located at 1630 E. 16th Street, Dubuque, Iowa, pursuant to the following leases; and 1. Lease Agreement dated April 8, 1970 2. First Amendment to Lease dated November 3, 1970. 3. Lease Agreement dated February 5, 1974. 4. Lease Agreement dated November 16, 1987; and Whereas, the Dubuque Yacht Basin has requested subleasing of a portion of property leased by the Dubuque Yacht Basin from the City of Dubuque to R. Douglas Jennings, d/b/a The Wheel House, Inc., of Dubuque, Iowa; and Whereas, existing Lease Agreements between the City of Dubuque and the Dubuque Yacht Basin, Inc. stipulate that the Lessee has the right to sublet or assign any of its rights in and to the demised premises, to any person or concern with prior written approval of the Lessor and that the Lessor's interest shall be fully protected and which approval of the Lessor shall not be unreasonably withheld; and Whereas, the sublease agreement between the Dubuque Yacht Basin, Inc. and R. Douglas Jennings, d/b/a The Wheel House, Inc. has been reviewed and has been found to protect the interest of the City of Dubuque in the existing leases with the Dubuque Yacht Basin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That approval be granted to the Regular Session, Mav 5, 1997 Dubuque Yacht Basin, Inc. to sublease a portion of its leased property from the City of Dubuque to R. Douglas Jennings, d/b/a The Wheel House, Inc., in accordance with the sublease agreement between said private parties dated April 25, 1997. Section 2. That the term of said sublease shall be 1 year, commencing on the first day of May, 1997, and ending a midnight on the 30th day of April, 1998. Section 3. That the sublease to The Wheel House, Inc. is bound by all stated terms and conditions of the existing Lease Agreements between the City of Dubuque and the Dubuque Yacht Basin, Inc. Passed, approved and adopted this 5th day of May, 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. City Manager recommending approval of Grant application for Police Dept. to participate in a Drug Task Force program, presented and read. Council Member Voetberg moved that the communication be received and filed and approved recommendation. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager recommending selection of a partnership between Buesing/HER at a cost of $23,320 for Floodwall Detention Basins' Pumping Capacities Study/Engineering, presented and read. Council Member Voetberg moved that the communication be received and filed and approved. Seconded by Council Member Buol. Motion carried 7-0. Cily Manager recommending publication of combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for CDBG Programs, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 187-96 A RESOLUTION AUTHORIZING PUBLI- CATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 1996, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said projects will have no significant impact on the environment; and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the following identified projects and to make the Environmental Review Record for said projects available for public inspection and comment until 4:30 p.m on June 7, 1996. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Housing Programs Residential Rehab Loan Program Housing Trust Purchase/R ehab R esale Code Enforcement Staff and Services First Time HomeBuyer Initiative Assistance Program Lead Paint Hazard Abatement Project Emergency Code Enforcement Loan Program Problem Properties Management Operation Paintbrush Moderate Income Rental Rehab Loan Program Housing Rehabilitation Services and Staff Housing Planning/Administrative Services and Staff Neighborhood and Community Development Programs Community Partnership Program (cp2) Healthy Mouths/Healthy Children Hillcrest Family Services -Installation of Elevator Summer Day Camp ( Four Mounds Foundation) Project Self-Reliance (ECIA) CHOICES (Substance Abuse Services Center) Residential Advancement Program (Heartland Housing Initiative) Kaleidoscope: Artreach Alley (Dubuque County Fine Arts Society) Senior Center Regular Session, May 5, 1997 Family Self-Sufficiency Information and Referral Service Neighborhood Recreation Programs Neighborhood Sidewalk Program Neighborhood Park Improvements Child Care Initiative Child Care Resource and Referral Service Neighborhood Support Grants Neighborhood Communication Grants Washington Tool Library Zoning Inspection/Enforcement Historic Preservation Leadership Training Neighborhood Development Services and Staff Economic Development Programs Economic Development Financial Assistance Program Acquisition/Disposition Industrial Sites Planing Staff Support for above projects Planning and Administration CDBG Administration Services and Staff City Planning Services and Staff Section 2. That the environmental review record for each of the projects shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (16) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 5th day of May, 1996. 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. 188-97 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 Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. The Wheel House Inc. R. Douglas Jennings 1630E 16th St. 16th St Autolfruck Plaza Mulgrew Oil Company 1215E 16th St. Passed, approved and adopted this 5th day of May, 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. 189-97 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Dubuque Brewing Com. Dubuque Brew Pub+(Sunday & Outdoor Sea) 500E 4th St. CLASS "C" BEER PERMIT McCann Service, Inc. McCann's Service+ (Sunday Sales) 690 W Locust CLASS "BE" BEERNVINE PERMIT Robert F. Beecher Beecher Beverage +(Sunday Sales) 1691 Asbury CLASS "B" (SPECIAL 5-DAY EVENT) BEER PERMIT Donna Ginter Dubuquefest +(Sunday & Outdoor Ser) Town Clock Passed, approved and adopted this 5th day May, 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. 190-97 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 "A" (CLUB) BEER & LIQUOR LICENSE DB Golf & Cntry Club DB Golf/Cntry CI+ Regular Session, Mav 5, 1997 (Sunday/Outdoor Serv) 1800 Randall CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE G & J's Inc. Windsor Tap 2401 Windsor Pat Broessel Corner Tap +(Sunday Sales) 2093 Washington Beverly A. Larsen Denny's Lux Club +(Sunday Sales) 3050 Asbury Rd The Wheel House Inc The Wheel House +(Sunday & Outdoor Sv) 1630E 16th St. Passed, approved and adopted this 5th day of May, 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. BOARDS AND COMMISSIONS: Applicants to address the Council to express their desire to serve on the following Commissions. HISTORIC PRESERVATION COMMISSION: (representing Cathedral District): Applicant Kenneth C. Kringle. Roger Whitt, Susan Ruden, Constance Schroeder, Tom Erschen, Douglas Pearson, Tom Bardon, Mary Callahan-Elliott, Jim Paradiso, and Police Chief John Mauss all spoke in support of enacting the proposed Curtew. An Ordinance Amending Chapter 33 of the Code of Ordinances by enacting a new Article VI "Juvenile Curtew' establishing a Nocturnal Curtew applicable to Juveniles and regulating their actions in public places; defining the duties of parents and guardians of Juveniles and operators or establishments; and providing for related matters including exceptions, permits, police procedures, construction and severability, and penalties for the violation thereof, said Ordinance set for hearing on 4-7-97 with no readings given, presented for further action. Council Member Nicholson moved that this be considered the first reading of the Ordinance. Seconded by Council Member Michalski. Vote on the motion was as follows: Yeas-Council Member Nicholson. Nays-Mayor Duggan, Council Members Buol, Krieg, Michalski, Robbins, Voetberg. MOTION FAILED. HUMAN RIGHTS COMMISSION: Applicants: Evelyn E. Jackson, Linda Smith and Diane TeKippe. Linda Smith and Diane Tekippe both spoke requesting appointment. Council Members (2) appointments to Greater Dubuque Development Corporation (GDDC) -Currently Kathryn Krieg and Dan Nicholson serve. Council Member Krieg moved that it be resolved that Council Member Dan Nicholson and Council Member Dirk Voetberg be appointed to serve. Seconded by Council Member Michalski. Motion carried 7- 0. Council Member Nicholson moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Council Member Krieg. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider an Ordinance establishing a Juvenile Curtew Ordinance; communications of David Gordon, Don Dodds, Mark Gilligan and Bob O'Brien expressing their concerns regarding the "Juvenile Curtew Ordinance", presented and read. Council Member Nicholson moved that the proof and communications be received and filed. Seconded by Council Member Michalski. Vote on the motion was as follows: Yeas-Council Member Nicholson. Nays-Mayor Duggan, Council Members Buol, Krieg, Michalski, Robbins, Voetberg. MOTION FAILED. Michael Weber, Ann Bradshaw, Robert Barrett, Cathy Bradshaw, Katie Mulert, Sue Line, Nathan Vance, Susan Stoffel, Wes Parkiq Mike McCormick, Glenda Haugen, and Rachel Boland, all spoke objecting to the Curtew. Hearings on $300.00 Assessment of License Penalties for Alcohol Violations for Mulgrew Oil Co., dba Asbury AMOCO Foodshop, 3300 Asbury Rd.; ArCon Inc., dba Arbys/C-Store, 10 Main St.; Molo Oil Co. dba Big 10 Mart Car Wash, 1875 J.F.K. Road and Hill Street Plaza, Inc., dba Oky Doky #8 Foods, 535 Hill St., presented and read. Council Member Voetberg moved that the $300.00 assessments be approved. Seconded by Council Member Michalski. Motion carried 7-0. Kevin Bradfeldon, representing Arby's spoke stating that something should be done positively when businesses pass. Brendan Quann, representing Molo Oil, dba Big 10 Mart Car Wash, at 1875 John F. Kennedy Rd., spoke on their behalf. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider 5 properties located on the west side of Walnut Street to be removed from the W. 11th Street Historic District and City Manager submitting correspondence on the request from property owners and requesting Council to make final decision, 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. Council Member Michalski moved that it be resolved to table the decision on this matter and bring it back at the July 7th Council Meeting. Seconded by Council Member Nicholson. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider sale of city property to Atlast Fluid Power Company and City Manager Regular Session, May 5, 1997 recommending to proceed with sale of property, presented and read. Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 191-97 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 the 25th day of April, 1997, the City Council of the City of Dubuque, Iowa met on the 5th day of May, 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: Cily Lot 537A in the City of Dubuque, Iowa Whereas, the City of Dubuque, Iowa ovenuled 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 Atlast Fluid Power Company. 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 City Lot 537A in the City of Dubuque, Iowa to Atlast Fluid Power Company and the same is hereby approved for the sum of $1,447.00 plus cost of publication, platting and filing fees, conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above named grantees upon receipt of the purchase price in full. Section 3. That the existing maintenance easement to the Iowa Department of Transportation shall remain in full force and effect. Section 4. 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 5th day of May, 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 public hearing to consider reclassifying property in Dubuque Industrial Center South from AG to PUD District with a PI District designation and Planning Services Manager responding to Council's concern regarding proposed 100 foot setback along the east boundary of above property, presented and read. Council Member Buol moved that the proof and communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located at the Southeast corner of Highway 61/151 and Lake Eleanor Road from AG Agricultural district to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a Conceptual Development Plan, with conditions, for the Dubuque Industrial Center South, said Ordinance given the first & second readings on 4-21-97 now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 27-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 61/151 AND LAKE ELEANOR ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE BUSINESS PARK. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions, for the Dubuque Business Park as stated below, to wit: Lot 2-1-1 of the NE 1/4 of the SW 1/4, Lot 2 of the NE 1/4 of the SW 1/4, Lot 1-1-1 of the NE 1/4 of the SW 1/4, Lot 1-1-8 of the SE 1/4, and the SE 1/4 of the SW 1/4, all in Section 12, Township 88 North, Range 2 East, Fifth Principal Meridian, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions. 1. Building Related Features Building related features are defined as all constructed items which rise above the grade surtace of the lot. These include: a. The primary building. b. All accessory or secondary buildings. c. All exterior storage areas. d. Exterior refuse collection areas. Regular Session, Mav 5, 1997 e. Exterior mechanical equipment. f. Containerized or tank storage of liquids, fuels, gases, and other materials. 2. Vehicle Related Features Vehicle related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces. b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company owned commercial vehicles. f. Fire lanes. 3. Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surtaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c. Surtace stormwater detention areas not otherwise used for building related or vehicle related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. B. Use Regulations. The following regulations shall apply to all uses made of land in the above described PUD District: 1) Principal permitted uses shall be limited to: a) Public or quasi-public utilities including substations-[47]. b) General offices-[14]. c) Medical/dental lab-[8]. d) Business services-[29]. e) Mail-order houses-[23]. f) Printing and publishing-[32]. g) Moving/storage facilities-[33]. h) Wholesale sales/distributor-29]. I) Freight transfer facilities-[44]. j) Cold storageAocker plants-[15]. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses-[33]. I) Tool, die, and pattern making-[33]. m)Compounding, processing and packaging of chemical products, but not including highly flammable or explosive materials- [33]. n) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-[33]. o) Laboratories for research or engineering- [33]. p) Warehousing and storage facilities-[33]. q) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards-[33]. r) Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber; precious or semi-precious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; sheet metal; concrete; feathers; fur; and cork-[33]. s) Manufacture, storage or processing of the following products or materials: adhesives, petroleum products or any flammable liquid; structural steel and foundry products; and pharmaceutical products, including cosmetics, toiletries and soap- [33]. [ ] Parking group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Day care center, within a primary offceAndustrial building or as an accessory structure on the same lot. Day care centers are subject to state and local regulations. b) Retail outlets within a primary officelndustrial building, selling products produced on-site and only as accessory to the principal use. c) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. C. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All buildings related features shall be in accordance with the following lot and bulk regulations: a) Any subsequent subdivision of land within the Dubuque Business Park shall have a minimum 200 feet of lot frontage and be two (2) acres in size. Smaller lots will be allowed if the parcel is consolidated into a larger lot. Substations for public and quasi-public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be limited to 75%. All building and vehicle related features shall be considered when calculating total land area coverage. c) Maximum building height shall be 50 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. d) Setbacks: Minimum front yard setback for lots fronting on Highway 61/151=25 feet Minimum front yard setback=50 feet for all other lots Minimum side yard setback=25 feet Minimum rear yard setback for interior Regular Session, May 5, 1997 lots=25 feet Minimum rear yard setback for lots abutting north and east park boundaries=50 feet. e) Within required front, side and rear setbacks, only driveways, fire lanes, open space features and primary and secondary signage is allowed. Parking lots may encroach 25 feet into 50-foot front yard setback provided additional screening is provided as required in landscaping requirements. D. Parking Regulations 1) All vehicle related features shall be surtaced with either asphalt or concrete. 2) Curbing and proper surtace drainage of stormwater shall be provided. 3) All parking and loading spaces shall be delineated on the surtacing material by painted stripes or other permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5) The number, size, design and location of parking spaces designated for handicapped drivers shall be according to the local, state or federal requirements in effect at the time of development. 6) The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Access to all lots shall be limited to the internal streets of the Dubuque Business Park. 7) No on-street maneuvering of delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. E Landscaping Regulations 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each lot: a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: No vehicle-related features except driveways and fire lanes shall be allowed within 25 feet of a property line. - For every one (1) acre of lot size, four (4) trees shall be required to a maximum of 40 trees. Each required tree shall be at least 2 inches in diameter at planting. Trees shall be of varieties approved for the Dubuque Business Park and listed in the covenants for the park. - Shrubs shall be used to screen parking areas and provide accent around buildings. Shrubs shall be of varieties approved for the Dubuque Business Park and listed in the covenants for the park. - Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 25 % opacity. - Parking areas located in front yards and encroach 25 feet into a 50-foot front yard setback shall be screened with a combination of trees, shrubs and berms to provide a landscape screen of 50 % opacity. 2) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after the construction of building and vehicle related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate, whichever first occurs, required landscaping shall be installed. 3) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD ordinance. 4) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. In addition, the lot owner will maintain City installed street trees planted between the street and the right-of-way line, including replacing trees that have died due to any cause. 5) Pedestrian Access: Permanent hard- surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. 6) Business park landscaping: Landscaping of the Dubuque Business Park shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. F. Sian Regulations. 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2) Off-Premise Signs: No off-premise signs shall be erected or constructed on the property of the Dubuque Business Park or on any of the private lots or buildings within the Dubuque Business Park. 3) On-Premise Signs a) Allowable content: signs, messages and graphics shall be limited to the following contents: 1) Business park signs - Park entrance signs - Park directory signs - Street address 2) Primary signs - Identification of company name - Identification of company products or services by generic name only - Street address - Graphic symbol or logo identified with the Regular Session, Mav 5, 1997 company 3) Secondary signs - Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot - Identification of visitor entrances to the building, shipping and receiving docks and other delivery points - Identification of assigned parking spaces and handicapped accessibility - Temporary announcements of pending or new construction - Commemorative messages b) Allowable Structural Types: 1) Business Park signs - Monument-style 2) Primary sign - Wall-mounted - Monument-style 3) Secondary sign - Wall-mounted - Monument-style c) Maximum Number of Signs: 1) Business Park sign - Not to exceed a total of six (6) signs in park 2) Primary sign - One (1) wall-mounted sign per street frontage per business - One (1) monument-style sign per lot location; restricted to frontages on interior streets only. 3) Secondary sign - No maximum number d) Maximum Sign Area: 1) Business Park sign - Park entrance signs: 200 square feet per sign face - Park directory signs: 30 square feet per sign face 2) Primary sign - Wall-mounted sign: 15 % of the area of the building wall upon which it is mounted - Monument-style signs: 100 square feet per sign face 3) Secondary sign - limited to six (6) square feet. e) Height Regulations: 1) Business Park sign - 12 feet, measured from average grade to top of sign structure 2) Primary sign - 10 feet, measured from average grade to top of sign structure 3) Secondary sign - 6 feet, measured from average grade to top of sign structure. f) Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with the variance procedures in the Zoning Ordinance. g) Lighting: Business park, primary and secondary signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. h) Motion: No signs may include any device or means, mechanical, electrical or natural which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G. Pertormance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Site Lighting a) Exterior illumination of site features shall be limited to the illumination of the following: - Parking areas, driveways and loading facilities. - Pedestrian walkway surtaces and entrances to building. - Screened storage areas. - Building exterior. b) Location and Design: - All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. - No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. - All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. - Alighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking- related features. - Fixtures mounted on a building shall not be positioned higher than the roof line of the building. - The top of post mounted free-standing fixtures shall not be higher than 30 feet above the ground. - Wooden utility type poles are acceptable only for temporary use during construction. - All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2) Utility Locations a) Service lines: all electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical equipment: all electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, including roof-mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in a manner that will appear an integral part of the building's overall architectural design. Fencing of at least 50 % opacity, masonry walls or plantings may be used to visually screen mechanical equipment. 3) The recreational trail shall be placed six (6) feet behind the curb parallel to the street on the north side of the cul-de-sac street and the east side of the major street that runs north to south to link the perimeter recreational trail, and shall be placed in accordance with the conceptual Regular Session, May 5, 1997 development plan. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle- related feature unless otherwise exempted by Section 4-4. 5) Stommnrater Conveyance: The developer of each lot shall be responsible for providing surtace or subsurtace conveyance(s) of stormwater from the lot to existing storm sewers orto flow line of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to stormwater management and drainage shall apply to properties in the Dubuque Business Park. 6) Subdivision plats and improvements plans shall be submitted in accordance with Chapter 42 of the City of Dubuque Code of Ordinances. 7) Operations Within Enclosed Buildings: All operations and activities shall be conducted or maintained within completely enclosed buildings, except: a) Off-street parking and loading spaces. b) Employee recreational facilities. c) Outdoor or exterior storage. 8) Noises generated within the Dubuque Business Park shall be regulated by the Code of Ordinances, City of Dubuque, Iowa Chapter 33, Article IV Noises. 9) Loading docks shall be allowed in front, side and rear yards. Loading docks located in a building wall that faces a street frontage shall be appropriately screened through the use of trees, berms and recessed into the building wall to reduce their appearance as a facade feature. 10)Exterior Storage: a) Exterior storage is permitted only for raw and process goods, equipment and other materials related to the principal activity of the lot. No outdoor storage of materials which could be blown into the air or strewn about by the wind shall be permitted. b) The ground area coverage of exterior storage areas shall be the area contained inside the required screening and this area shall be considered to be a building related feature for purposes of calculating total land area coverages. c) Exterior storage shall be located in rear or side yards only. d) All exterior storage areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 12 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 11)Exterior Trash Collection Areas: a) The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be aconsidered abuilding-related feature for purposes of calculating total land area coverages. c) Exterior trash collection areas shall be located in rear or side yards only. d) All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 foot high screen fails to shield the exteriortrash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. 12)Street lighting: Street lights shall be installed in accordance with City of Dubuque standards. 13)Flood plain Regulations: The area of the business park that lies within the flood plain of Granger Creek shall be subject to the regulations of the Flood Hazard regulations of the Zoning Ordinance. 14)Phased Construction of Buildings and Parking Spaces: The construction of off- street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 15)Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state and federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the Dubuque Business Park. H. Open Soace and Recreational Areas Those areas designated on the conceptual development plan as 'open" shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. Regular Session, Mav 5, 1997 I. Transfer of Ownership Transfer of ownership or lease of property in this PUD 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. J. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. K. Recording. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 5th day of May, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 27-97 The City of Dubuque, property owner, hereby accepts the terms and conditions of Ordinance No. 27-97 and agrees to the conditions required therein. Dated this 5th day of May, 1997. By /s/Mayor Terrance M. Duggan City of Dubuque, Iowa Published officially in the Telegraph Herald newspaper this 16th day of May, 1997. 1t 5/16 Mary A. Davis CMC, City Clerk ' Council Member Buol moved final consideration and passage of the Ordinance. Seconded by Council Member Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of public hearing to consider reclassifying property at 1600 Manson Road from AG to R-1 District, presented and read. Council Member Council Member Michalski 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 1600 Manson Road from AG Agricultural District to R-1 Single-Family Residential District, first and second readings given on 4-21-97, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1600 MANSON ROAD FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to R-1 Single-Family Residential District, to wit: A part of Mineral Lot 508 in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at the Southeast corner of Lot 2 of Smothers Place; thence South 79 degrees 37'-46" East (this is an assumed bearing for the purposes of this survey only), a distance of 20.00 feet to the center line of Manson Road; thence North 10 degrees 22'-16" East, along the centerline of said Manson Road, a distance of 157.82 feet to the point of beginning; thence North 10 degrees 22'-16" East, along the centerline of said Manson Road, a distance of 185.26 feet; thence North 31 degrees 21'-00" East, along the centerline of said Manson Road, a distance of 230.81 feet to the centerline of Old Mill Road; thence South 41 degrees 33'-46" East, along the centerline of said Old Mill Road, a distance of 361.01 feet; thence South 29 degrees 26'-46" West, a distance of 180.59 feet; thence North 60 degrees 33'-16" West, a distance of 139.37 feet; thence South 20 degrees 46'-20" West, a distance of 83.93 feet; thence North 69 degrees 14'-40" West, a distance of 163.67 feet to the point of beginning, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of May, 1997. 1t 5/14 Mary A. Davis CMC, City Clerk Council Member Michalski moved final consideration and passage of the Ordinance. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to consider amendment to Fiscal Year 1997 Budget and City Manager recommending to approve the FY'97 Budget, presented and read. Council Member Buol moved that the proof and communication be received and fled. Seconded by Council Member Robbins. Motion carried 7-0. Regular Session, May 5, 1997 Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Hearing on Plans and Specs. for Sutton Pool Lighting Project, presented and read. Council Member Robbins moved that the proof be received and fled. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION 193-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 3rd day of April, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the SUTTON POOL LIGHTING 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, approved and adopted this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids 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. Regular Session, Mav 5, 1997 Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 194-97 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the SUTTON POOL LIGHTING PROJECT pursuant to Resolution No. 151-97, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 11th day of April, 1997. WHEREAS, said sealed proposals were opened and read on the 23rd day of April, 1997, and it has been determined that the bid of Westphal Electric, in the amount of $36,995 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 Westphal Electric, and the Manager be and is hereby directed to execute a contract on behalf of the Cily 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 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Hearing on Plans and Specs. for Jackson Street at 26th Street Traffic Signals, presented and read. Council Member Robbins moved that the proof be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 195-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of April, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Jackson Street at 26th Street Traffic Signals. 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 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids 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 Buol. Motion carried 7-0. RESOLUTION NO. 196-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Jackson Street at 26th Street -Traffic Signals pursuant to Resolution No. 154-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 17th day of April, 1997. Whereas, said sealed proposals were opened and read on the 24th day of April, 1997 and it has been determined that the bid of Westphal and Company, Inc. of Dubuque, Iowa in the amount of $24,992.09 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 Westphal and Company, Inc. 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 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins 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 Hearing on Plans and Specs. for 1997 Curb Ramp Construction project, presented and read. Council Member Buol moved that the proof be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 197-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the end day of April, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1997 Curb Ramp Regular Session, May 5, 1997 Construction 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 5th day of May, 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. Proof of publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids 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 Michalski. Motion carried 7-0. RESOLUTION NO. 198-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1997 City of Dubuque Curb Ramp Project pursuant to Resolution No.157-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of April, 1997. Whereas, said sealed proposals were opened and read on the 24th day of April, 1997 and it has been determined that the bid of Perry Construction of Dubuque, Iowa in the amount of $71,749.20 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Perry Construction 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 5th day of May, 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. Margaret Buhr, Education Coordinator of The Dubuque Museum of Art submitting information regarding the paint required to implement the Ice Harbor Floodwall Mural project and City Manager recommending approval of the project, presented and read. Council Member Voetberg moved that the communications be received and filed and recommendation approved. Seconded by Council Member Nicholson. Motion carried 7- 0. City Manager submitting Ordinance regarding Exterior Maintenance of Existing Buildings, 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 Section 11-2 of City Code by adopting in lieu thereof a new Section 107 providing for maintenance of existing buildings and structures, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 29-97 AN ORDINANCE AMENDING SECTION 11- 20FTHE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 107 IN APPENDIX CHAPTER 1, UNIFORM CODE FOR BUILDING CONSERVATION RELATING TO THE MAINTENANCE OF EXISTING BUILDINGS AND STRUCTURES, AND ADOPTING IN LIEU THEREOF A NEW SECTION 107 PROVIDING FOR MAINTENANCE OF EXISTING BUILDINGS AND STRUCTURES. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-2 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 107 in Appendix Chapter 1, Uniform Code for Building Conservation, and adopting the following new Section 107 in lieu thereof: Section 107 -Maintenance All buildings and structures and all parts thereof shall be maintained in a safe and sanitary condition. All systems, devices or safeguards which were required by the code under which the building was constructed shall be maintained in conformance with the requirements of that code. The owner or the owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official may cause any structure to be reinspected. All buildings and structures and all parts thereof shall be maintained free of defects such as cracks, large holes, missing parts or pieces and loose or missing siding. All exterior wood surtaces requiring chemical preservation shall be protected from water seepage and against deterioration with a paint covering or other suitable material approved by the building official. All exterior doors, windows and glazing shall be weather tight and in good repair. Regular Session, Mav 5, 1997 Defects shall be repaired in a manner consistent with the exterior appearance of the building or structure and with materials and methods approved by the building official. Exterior doors, windows and glazing that are not weather tight or in good repair shall be replaced or the openings sealed with 1/2" - thick exterior grade painted structural panels or other weatherbght material approved by the building official. Section 2. This ordinance shall be in effect after its final passage, approval and publication as required by law. Passed, approved and adopted this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of May, 1997. 1t 5/14 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. Environmental Stewardship Advisory Commission requesting Council petition the IDNR to issue additional "antler-less" deer tags in the areas surrounding the City of Dubuque for the 1997 hunting season, presented and read. Council Member Buol moved that the communication be received and filed and approved recommendations. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Voetberg. Nays-Mayor Duggan, Council Member Robbins. City Manager recommending approval of selection of CFM Environmental, Inc. to do a survey of asbestos in City buildings for an amount of $42,350.00, presented and read. Council Member Voetberg moved that the communication be received and filed and approved recommendations. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of 1998 Annual Action Plan: Program Year 23 Community Development Block Grant Funds, 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. 199-97 A RESOLUTION ADOPTING THE 1998 ANNUAL ACTION PLAN FOR THE USE OF PROGRAM YEAR 23 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the U. S. Department of Housing and Urban Development requires each entitlement city to submit an Annual Action Plan, including the proposed use of its Community Development Block Grant funds, at least 45 days prior to its program year; and Whereas, the City of Dubuque, has, through a series of public meetings and hearings, finalized an Annual Action Plan addressing both housing and non-housing needs in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 1998 Annual Action Plan for the use of Program Year 23 Community Development Block Grant funds attached hereto and by this reference made a part hereof is hereby adopted by the City Council. Section 2. That the City Council authorizes the Mayor to sign the document along with all certifications on behalf of the City Council. Section 3. That the City Council directs staff to forward the adopted Plan to the Regional Office of the U. S. Department of Housing and Urban Development by the May 15, 1997 submission deadline. Passed, approved and adopted this 5th day of May, 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. Cily Manager submitting recommendations for Fiscal Year 1998 Community Partnership (cp2) Program, 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. 200-97 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 1998. Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particularfythose persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved by the City Council by Resolution No. 259-92 on July 20, 1992 and amended by Resolution 18-96 on January 15, 1996 and Resolution 64-97 on February 3, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby Regular Session, May 5, 1997 awards Community Partnership Program (cp2) monies to the following organizations. The award shall consist of a grant to the organization for the identified project and shall be for the amount noted below: The Four Mounds Foundation Y.E.S. Impact Project $36,674 Operation New View Bluff Street Head Start $23,438 Visiting Nurse Association Healthy Smiles $14,670 Dubuque Boys Club Power Hour Program $8,618 Hillcrest Family Services Big Brothers/Big Sisters 36 600 TOTAL $120,000 Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with representatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the regulations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contracts. Passed, approved and adopted this 5th day of May, 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. City Manager recommending approval of final plat for Elmwood Green Subdivision, 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. 201-97 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 12, INCLUSIVE, AND LOTS A AND B OF ELMWOOD GREEN SUBDIVISION AS COMPRISED OF LOT 1 OF 1 OF FITZGERALD PLACE, LOT 2 OF 2 OF 2 OF MINERAL LOT 349 AND LOT 2 OF 2 OF 1 OF MINERAL LOT 343, ALL IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 through 12, inclusive, and Lots A and B of Elmwood Green Subdivision as comprised of Lot 1 of 1 of Fitzgerald Place, Lot 2 of 2 of 2 of Mineral Lot 349 and Lot 2 of 2 of 1 of Mineral Lot 343, all in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Lobo Lane, together with certain public utility and sewer easements and a City park which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Advisory Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Lobo Lane (Lot A) and Lot 1 (City park), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the plat of Lots 1 through 12, inclusive, and Lots A and B of Elmwood Green Subdivision as comprised of Lot 1 of 1 of Fitzgerald Place, Lot 2 of 2 of 2 of Mineral Lot 349 and Lot 2 of 2 of 1 of Mineral Lot 343 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Lobo Lane (Lot A) to grade and to construct concrete curb and gutter and to hard surtace with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct a detention facility in a manner acceptable to the City Engineer on Lot B of Elmwood Green Subdivision in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. d. To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. e. To maintain the public improvements, for a period of two (2) years from the date of the Regular Session, Mav 5, 1997 acceptance of those improvements by the Cily of Dubuque, Iowa, at the sole expense of the owners, or future owners. And further provided that said Joseph and Ruth Graham, as owners of said property, shall secure the pertormance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50 % of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80 % of the lots approved by the plat. Section 4. That street access to Lot 1 (City park) shall be restricted to Lobo Lane, and the 60-foot lot frontage requirements for Lots 6 and 11 are hereby waived in accordance with City Code 42-11. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot B) shall be assessed against Lots 2 through 12 in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 7. That in the event Joseph and Ruth Graham shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. ' Passed, approved and adopted this 5th day of May, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 201-97 We, the undersigned owners, Joseph and Ruth Graham, having read the terms and conditions of the Resolution No. 201-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 27th day of June, 1997. By /s/Joseph H. Graham By /s/Ruth Graham To: Mary A. Davis City Clerk This is to certify that the necessary security for the foregoing Resolution No. 201-97 has been properly filed. Dated at Dubuque, Iowa, this 1st day of July, 1997. /s/Michael C. Van Milligen, City Manager Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. McGraw-Hill Companies, Inc. requesting that the City waive and agree to terminate its right to repurchase a parcel of land next to their property, 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. 202-97 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL ESTATE BY CONVEYING TO THE MCGRAW-HILL COMPANIES, INC. ANY RIGHT OF THE CITY OF DUBUQUE, IOWA, TO REPURCHASE LOT 1 OF LOT 21N BLOCK 1 IN "RIVER FRONT SUBDIVISION NO. 5," IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RESPECTIVE RECORDED PLATS THEREOF, AND SETTING A TIME AND PLACE FOR HEARING Whereas, the McGraw-Hill Companies, Inc. a New York corporation, is the current owner of Lot 1 of Lot 2 in Block 1 in "River Front Subdivision No. 5," in the City of Dubuque, Iowa, according to the respective recorded Plats thereof; and Whereas, the City of Dubuque, Iowa, retained the right to repurchase said real estate in the event of a sale of said real estate by its owner, said right having been reserved to the City by Ordinance No. 219-74. Ordinance 219-74 Originally authorized the sale of the real estate to Wm. C. Brown Company Publishers; and Whereas, The McGraw-Hill Companies, Inc. has requested that the City of Dubuque, Iowa, waive and agree to terminate its right to repurchase the real estate in the event of a sale of said real estate by its owner. 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 1 of Lot 2 in Block 1 in "River Front Subdivision No. 5," in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, by delivering to The McGraw-Hill Companies, Inc., a Quit Claim Deed conveying any right of the City of Dubuque, Iowa, to repurchase said real estate in the event of a sale of said real estate by its owner. Section 2. That the conveyance of the City's interest shall be for the sum of $1.00, plus costs of publication and filing fees, payable in full at the time of the City's delivery of a Quit Claim Deed conveying any right of the City of Dubuque, Iowa, to repurchase said Regular Session, May 5, 1997 real estate. Section 3. A public hearing is set on the disposal of the City's interest in such real estate for the 19th day of May, 1997, at 7:00 p.m. at the Public Library Auditorium, 11th and Locust, Dubuque, Iowa. Section 4. 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 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. City Manager submitting bidding documents for Dubuque Industrial Center South Utilities Installation project, presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO 203-97 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 Dubuque Industrial Center South Sewer and Water Utility Improvements Phase 1, in the estimated amount of $664.375.50, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 204-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Industrial Center/South Sewer and Water Utility Improvements Phase I. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of June, 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 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 205-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Industrial Center South Sewer and Water Utility Improvements Phase I 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 May, 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 2nd day of June, 1997. Passed, adopted and approved this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager submitting bidding documents for Alpine Street Sanitary Sewer Reconstruction project, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 206-97 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 Alpine Street Sanitary Sewer Reconstruction, in the estimated amount of $36,717.04, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Regular Session, Mav 5, 1997 Passed, adopted and approved this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 207-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Alpine Street Sanitary Sewer Reconstruction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of June, 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 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 208-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Alpine Street Sanitary Sewer 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 22nd day of May, 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 2nd day of June, 1997. Passed, adopted and approved this 5th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. Police Chief requesting hearings be set for assessments on alcohol violations for Rainbo Oil Co. d/b/a KWIK Stop Food Mart, 2297 University Ave.; TFM d/b/a Oky Doky #1, 250 W. 1st Street; Krishna Chapman d/b/a Oky Doky #14, 1050 University Ave.; Wareco Services d/b/a Wareco 662, 700 Rhomberg Ave. and TFM Oky Doky #2, 51 W. 32nd St., presented and read. Council Member Voetberg moved that the hearings be set for May 19, 1997 at 7:00 p.m. with the exception of tabling the Rainbo Oil Co. d/b/a KWIK Stop Food Mart to the meeting of May 19th for further action on setting it for Hearing. Seconded by Council Member Buol. Motion carried 7-0. At 10:21 p.m. Council Member Michalski moved to go into Closed Session In accordance with Chapter 21.5 1 (c) 1995 Code of Iowa, as amended, To discuss strategy with counsel in matters where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in this litigation and In accordance with Chapter 21.5 1Q) 1995 Code of Iowa, as amended, 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 Nicholson. Motion carried 7-0. At 10:47 p.m. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Council Member Michalski moved to adjourn the meeting. Seconded by Council Member Buol. Motion carried 7-0. The meeting adjourned at 10:47 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Regular Session, May 5, 1997 Adopte~+ 1997 Mayor Attest: Council Members City Clerk Regular Session, Mav 19, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, May 19, 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. Absent: Council Member Voetberg. 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 Sr. Marie Therese Kalb, osf, Director of Shalom Retreat Center. PROCLAMATIONS -May 24 as "Poppy Day" received by Shirley Strub. MINUTES SUBMITTED-Cable Community Teleprogramming Commission of 5-6; Civil Service Commission of 4-8; Electrical Code Board of 5-5; Investment Oversight Advisory Commission of 4-24; Human Rights Commission of 4-14; Library Board of Trustees of 3-27; Park & Recreation Commission of 4-8; Zoning Advisory Commission of 5-7; Zoning Board of Adjustment of 4-24, presented and read. Council Member Buol moved that the minutes be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. Finance Director submitting financial reports for April, 1997, presented and read. Council Member Buol moved that the reports be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. Proofs of Publication on Notice of publishing List of Claims and Summary of Revenues for Month ending 3-31-97; City Council Proceedings for meetings of 4-21 & 4- 28; Combined Public Notices on Notice of Finding of No Significant Effect on the Environment various Community Development Block Grant Funds projects, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. NOTICES OF CLAIMS/SUITS -Donald F. Breiner in amount of $490.00 for backed up sewer damages; Joyce M. Haudenshield in unknown amount for personal injuries; Mark O. Marty in estimated amount of $1500.00 for property damages; Garry Swank in amount of $100.00 for property damages; Gerald R. Welbes in amount of $330.00 for backed up sewer damages, presented and read. Council Member Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Nicholson. Motion carried 6-0. Corporation Counsel advising personal injury claim of Laura Gronen has been referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. Corporation Counsel recommending settlement of vehicle damage claim of Robert K. Laubscher in the amount of $350.14 and direct Finance Director to issue check, presented and read. Council Member Buol moved that the communication be received and fled and approved settlement. Seconded by Council Member Nicholson. Motion carried 6-0. Corporation Counsel recommending denial of following claims: Vehicle damage of Cathy Brugman; Property damage of Mr. & Mrs. Dan O'Hara; Property damage of Robert A. Rettenmeier, presented and read. Council Member Buol moved that the communications be received and filed and approved denials. Seconded by Council Member Nicholson. Motion carried 6-0. Sisters of St. Francis expressing their "Thanks" on Council's action regarding deer issue in the City, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. Steve & Heidi MacDonald requesting to purchase approx. 70' strip of land near their property at 651 Kaufmann Ave. which is platted as an alley and street, presented and read. Council Member Buol moved that the matter be referred to the City Manager for investigation and report. Seconded by Council Member Nicholson. Motion carried 6-0. Cily Manager recommending acceptance of U.S. 20-Dodge Street Sanitary Sewer Reconstruction Project - Bluff St. to Grandview Ave., presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 209-97 ACCEPTING IMPROVEMENT Whereas, the contract for the U.S. 20 - Dodge Street Sanitary Reconstruction -Bluff Street to Grandview Avenue has been completed and the City Manager has Regular Session, May 19, 1997 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 $393,243.33 in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 210-97 FINAL ESTIMATE Whereas, the contract for the U.S. 20 - Dodge Street Sanitary Reconstruction -Bluff Street to Grandview Avenue 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 $393,243.33 and the said amount shall be paid from Sanitary Sewer Construction Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. City Manager recommending approval of amendment to General Drivers & Helpers Union Contract, presented and read. Council Member Buol moved that the communication be received and filed and approved recommendation. Seconded by Council Member Nicholson. Motion carried 6-0. City Manager recommending Agreement with Segal Co. to prepare Request for Proposal for Administration of Prescription Drug Program, presented and read. Council Member Buol moved that the communication be received and filed and approved Agreement. Seconded by Council Member Nicholson. Motion carried 6-0. Linda J. Morgan advising of appeal being fled before the United States Court of Appeals for the Eighth Circuit regarding proposed acquisition by the I&M Rail Link for certain rail lines of Soo Line Railroad Company, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. Notification from HUD advising City has expended CDBG Funds to meeting May 1st expenditure threshold, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 211-97 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 DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Jonathan/John Lentzkow Lentzkow Racing +(Outdoor & Sunday) Hawthorne St. CLASS "C" BEER PERMIT Mulgrew Oil Co. 16th St Autolfruck Plaza +(Sunday Sales) 1215E 16th CLASS "BE" BEER PERMIT Timothy Quagliano Liquor Depot +(Sunday Sales) 1620 J.F. K. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 212-97 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 "C" (COMMERCIAL) BEER & LIQUOR LICENSE Jd BS & SW Ltd Hooligan's Spts Bar (Outdoor Serv) 2600 Dodge St. DBQ Inc Shot Tower Inn +(Sunday Sale) 380 Locust St. MM & H Silver Dollar Cantina +Sunday SI) 342 Main St. Regular Session, Mav 19, 1997 Michael Kalmes Breaktime Bar & Grill 1097 Jackson St. CLASS "C" BW BEER & LIQUOR LICENSE Weaver Enterp. Papa Sarducci's (+Sunday Sales) 1895 JFK Rd.. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. BOARDS AND COMMISSIONS: HISTORIC PRESERVATION COMMISSION: Applicant: Kenneth C. Kringle. Council Member Michalski moved that Kenneth Kringle be appointed to an unexpired term which will expire 7-1-97 and an additional three year term which will expire 7-1-00. Seconded by Council Member Buol. Motion carried 6-0. HUMAN RIGHTS COMMISSION: Applicants: Evelyn E. Jackson, Linda Smith, Diane TeKippe. Vote on the appointments was as follows: Mayor Duggan voted for TeKippe. Council Member Buol voted for Jackson. Council Member Krieg voted for Smith. Council Member Michalski voted for Jackson. Council Member Nicholson voted for Jackson. Council Member Robbins voted for TeKippe. Council Member Voetberg was absent. There being no majority vote a second vote was taken: Mayor Duggan voted for TeKippe. Council Member Buol voted for Jackson. Council Member Krieg voted for Jackson. Council Member Michalski voted for Jackson. Council Member Nicholson voted for Jackson. Council Member Robbins voted for TeKippe. Council Member Voetberg was absent. Therefore, Evelyn Jackson was appointed to fill an unexpired term which will expire 1-1-98. paint though stressed that the project not be delayed. Jeff Nagle, 255 Kelly's Bluff, objected to assessments and presented a petition from W. 3rd St.. residents objecting to assessment process. Kevin Saliga, 719 W. 3rd objecting to assessments for project and parking problems in area. Barb Manning Hirsch spoke in support of the assessment process. Bob Breitbach, 587 University, objected to his share of the assessment on Spruce St. Council Member Nicholson moved that this matter be tabled for two weeks to allow Staff time to meet with property owners to address concerns. Seconded by Council Member Buol. Yeas-Council Members Buol, Nicholson, Michalski. Nays-Mayor Duggan, Council Member Krieg, Robbins. MOTION FAILED. RESOLUTION NO. 213-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of April, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1997 P.C. Concrete Paving 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 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. Council Member Robbins moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Krieg. Motion carried 6-0. Proofs of publication certified to by the publisher on Notice of Hearing on Plans and Specs. and Notice to Property Owners advising of public hearing on 1997 P.C. Concrete Paving Project (Consisting of W. 3rd St. from Bluff to Hill Street and Spruce Street from University to Jefferson), and City Manager responding to concerns expressed over assessment procedures, presented and read. Council Member Krieg moved that the proofs and the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. Jerry Hirsch, 757 W. 3rd St., spoke requesting repair by resealing alley in 700 block of W. 3rd St.. between Summit and Burch and also objected to charges for lead RESOLUTION NO. 214-97 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1997 P.C. CONCRETE PAVING PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the 1997 P.C. Concrete Paving 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, without amendment, and all Regular Session, May 19, 1997 objections filed or made having been dully considered are overruled. Passed, adopted and approved this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. Nicholson. Motion carried 6-0. Proof of publication certified to by the publisher on Notice of Hearing on Plans and Specs. for 1997 Asphalt Paving Project, presented and read. Council Member Buol moved that the proof be received and filed. Seconded by Council Member Robbins. Motion carried 6-0. RESOLUTION NO. 215-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 1997 P.C. Concrete Paving 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 5th day of June, 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 16th day of June, 1997. Passed, adopted and approved this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. Hearings on Assessments of License Penalties for Alcohol Violations -TFM Co., dba Oky Doky #1, 250 West 1st Street - $300.00; Krishna Chapman dba Oky Doky #14, 1050 University Avenue - $300.00; Wareco Service Inc. dba Wareco 662, 700 Rhomberg - $300.00 AND TFM Co., dba Oky Doky #2, 51 W. 32nd Street - 30 Day Suspension due to second conviction within one year, presented and read. Council Member Michalski moved that the recommendation be approved and the suspension of thirty days be approved. Seconded by Council Member Nicholson. Motion carried 6-0. TABLED FROM MEETING OF MAY 5, 1997 - $300.00 Assessment for Rainbo Oil Co., dba KWIK Stop Food Mart - 2297 University Avenue. Corporation Counsel and Police Chief recommending to refer this violation to the State Commission for appropriate disposition, presented and read. Council Member Michalski moved that the assessment be approved and referred the violation to the State Commission for disposition. Seconded by Council Member RESOLUTION NO. 216-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of April, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1997 Asphalt Paving 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 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. Proof of publication certified to by the publisher on Notice to Bidders on Receipt of Bids 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. Motion carried 6-0. RESOLUTION NO. 217-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1997 Asphalt Paving Project pursuant to Resolution No. 170-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 1st day of May, 1997. Whereas, said sealed proposals were opened and read on the 8th day of May, 1997, and it has been determined that the bid of Tschiggfrie Excavating Company of Dubuque, Iowa in the amount of $869,986.68 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 Tschiggfrie Excavating 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. Regular Session, Mav 19, 1997 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 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. Proof of publication certified to by the publisher on Notice of Hearing on Plans and Specs. for Dubuque Industrial Center South Site Grading, presented and read. Council Member Buol moved that the proof be received and filed. Seconded by Council Member Krieg. Motion carried 6-0. RESOLUTION NO. 218-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of April, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Industrial Center\South Site Grading. 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 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 6-0. Proof of publication certified to by the publisher on Notice to Bidders of the Receipt of Bids 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 Krieg. Motion carried 6-0. RESOLUTION NO. 219-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1997 Asphalt Paving Project pursuant to Resolution No. 179-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 1st day of May, 1997. Whereas, said sealed proposals were opened and read on the 8th day of May, 1997 and it has been determined that the bid of Sproule Construction Company, Inc. of Dubuque, Iowa in the amount of $1,312,899.47 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Sproule Construction Company, Inc. 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 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 6-0. Proof of publication certified to by the publisher on Notice of Hearing to consider disposing of City's interest in real estate by conveying property to McGraw-Hill Companies, Inc. and City Manager recommending approval of request from McGraw-Hill, presented and read. Council Member Buol moved that the proof and communication be received and filed. Seconded by Council Member Robbins. Motion carried 6-0. RESOLUTION NO. 220-97 RESOLUTION DISPOSING OF INTEREST IN REAL ESTATE BY CONVEYING TO THE MCGRAW-HILL COMPANIES, INC., ANY RIGHT OF THE CITY OF DUBUQUE, IOWA„ TO REPURCHASE LOT 1 OF LOT 2 IN BLOCK 1 IN "RIVER FRONT SUBDIVISION NO. 5", IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RESPECTIVE RECORDED PLATS THEREOF. Whereas, pursuant to the 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 the 9th day of May, 1997, the City Council of the City of Dubuque, Iowa met on the 19th day of May, 1997 at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the request to waive and agree to terminate any right of the Cily of Dubuque, Iowa, to consider the request to waive and agree to terminate any right of the City of Dubuque, Iowa, to repurchase certain real estate in the event of sale of said real estate by its owners, said right having been reserved to the City by Ordinance No. 219-74. Ordinance 219-74 originally authorized the sale of the real estate to Wm. C. Brown Company Publishers. The real estate is described as: Regular Session, May 19, 1997 Lot 1 of Lot 2 in Block 1 in "River Front Subdivision No. 5" in the City of Dubuque, Iowa, according to the respective recorded Plats thereof. 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, by waiving and terminating the right of the City of Dubuque, Iowa, to repurchase said real estate in the event of a sale of said real estate by its owner. 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 1 of Lot 2 in Block 1 in "River Front Subdivision No. 5", in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, by delivering to The McGraw-Hill Companies, Inc., a New York corporation, a Quit Claim Deed waiving and terminating any right of the Cily of Dubuque, Iowa, to repurchase said real estate in the event of a sale of said real estate by its owner, be and the same is hereby approved for the sum of $1.00 payable in full at the time of the City's delivery of the Quit Claim Deed, plus costs of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute the attached QUIT CLAIM 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 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. City Manager requesting authorization to negotiate and execute contract with Lentzkow Racing for the "Dubuque Challenge" event on June 6, 7 & 8, presented and read. Council Member Robbins moved that the communication be received and filed and request approved. Seconded by Council Member Nicholson. Motion carried 6-0. City Manager requesting authorization to negotiate and execute contract with LIVEstock '97 for their event on June 19-22, presented and read. Council Member Buol moved that the communication be received and filed and approved as requested. Seconded by Council Member Michalski. Vote on the motion was as follows: Yeas-Council Members Buol, Krieg, Nicholson. Nays-Mayor Duggan, Council Member Michalski, Robbins. Absent-Council Member Voetberg. MOTION FAILED. Connie Zaber spoke to the request giving specifics. Council Member Buol moved that the request be approved as City Manager requested with speakers to face south or southeast. Seconded by Council Member Michalski. Motion carried 6-0. Council recessed at 9:01 p.m.; Council reconvened at 9:06 p.m. City Manager requesting to provide assistance for Rehabilitation of Iowa Inn to approve a Purchase Loan to Iowa Housing Corporation in amount of $245,000 and City Manager requesting authorization to publish Combined Notice of Finding of No Significant Impact on Environment for project, presented and read. Council Member Michalski moved that the communications be received and filed and request approved. Seconded by Council Member Buol. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays-Mayor Duggan. Tom Howe spoke requesting approval of project. Art Roach spoke stating that Mercy is able to assist with housing for Heartland Housing. Bud Isenhart spoke objecting to the assessment but is in favor of the project. RESOLUTION NO. 221-97 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE IOWA INN PROJECT. Whereas, the City of Dubuque has entered into a Grant Agreement for the Fiscal Year 1997 with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed project to be financed with Community Development Block Grant funds; and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such Regular Session, Mav 19, 1997 a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Iowa Inn Project and to make the Environmental Review Record for said project available for public inspection and comment until 4:30 p.m. on June 5, 1997. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (16) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Carried by the following vote: Yeas-Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays-Mayor Duggan. City Manager recommending execution of contract with Kirkham Michael for master planning of Industrial Parks, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 222-97 RESOLUTION APPROVING A CONTRACT FOR DESIGN AND ENGINEERING SERVICES WITH KIRKHAM, MICHAEL AND ASSOCIATES INC. FOR COUNTY FARM INDUSTRIAL PARK DEVELOPMENT. Whereas, the City of Dubuque, Iowa has identified a critical need to develop industrial land within the community to provide opportunities for economic development and job creation; and Whereas, in response to a request for proposals process Kirkham, Michael and Associates Inc. has submitted a proposal to complete the design and engineering for development of an industrial park on the County Farm property; and Whereas, the City Council of the City of Dubuque has selected Kirkham, Michael and Associates Inc. to pertorm the design and engineering work for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a contract for professional services with Kirkham, Michael and Associates Inc. to provide design and engineering services for County Farm industrial park development is hereby approved. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, a contract with Kirkham, Michael and Associates Inc. for consultant services not to exceed $469,814. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. City Manager recommending approval of placement of stop signs at intersections of Patricia Ann & Geraldine Dr. and June Dr. & Valentine Dr., presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 6-0. An Ordinance Modifying Subsection (b) of Section 32-24 providing for addition of stop signs at intersections of June Drive and Valentine Drive. and at Patricia Ann & Geraldine Dr. for Eastbound and Westbound traffic, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 30-97 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS AT JUNE DRIVE AND VALENTINE DRIVE AND AT PATRICIA ANN DRIVE AND GERALDINE DRIVE Regular Session, May 19, 1997 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding June Drive and Patricia Ann Drive to Subsection (b) of Section 32-214 thereof as follows: "Sec_ 32-214. Stoo Intersections. (b) Eastbound and Westbound June Drive and Valentine Drive. Patricia Ann Drive and Geraldine Drive." Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of May, 1997. 1t 523 Mary A. Davis CMC, City Clerk Council Member Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Michalski. Motion carried 6-0. Council Member Buol moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Motion carried 6-0. City Manager recommending approval of final plat for portion of Fremont Heights Subdivision, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 6-0. RESOLUTION NO. 223-97 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 12, INCLUSIVE, BLOCK 1, LOTS 1 THROUGH 8, INCLUSIVE, BLOCK 2 AND LOT M, ALL OF FREMONT HEIGHTS SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 through 12, inclusive, Block 1, Lots 1 through 8, inclusive, Block 2 and Lot M, all of Fremont Heights Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Barbaralee Drive, together with certain public utility and sewer easements which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Advisory Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Barbaralee Drive (Lot M), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the plat of Lots 1 through 12, inclusive, Block 1, Lots 1 through 8, inclusive, Block 2 and Lot M, all of Fremont Heights Subdivision, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Barbaralee Drive (Lot M) to grade and to construct concrete curb and gutter and to hard surtace with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners; d. To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the Cily of Dubuque, Iowa, at the sole expense of the owners, or future owners; And further provided that said Three M Development Corporation, as owners of said property, shall secure the pertormance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be Regular Session, Mav 19, 1997 required until 50 % of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80 % of the lots approved by the plat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Three M Development Corporation shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 223-97 We, the undersigned, Three M Development Corporation, having read the terms and conditions of the Resolution No. 223-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 25 day of June, 1997. Three M Development Corporation By /s/Martin McNamer To: Mary A. Davis, City Clerk This is to certify that all proper security for the foregoing Resolution No. 223-97 has been properly filed. Dated at Dubuque, Iowa this 26th day of June, 1997. Michael Van Milligen City Manager Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. Zoning Advisory Commission advising of their approval to reclassify property West of North Cascade Road and East or Tyra Lane from R-3 to C-2 District, presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 6-0. An Ordinance Amending Zoning Map by reclassifying property West of Happy Tails Kennel at 11376 North Cascade Road and East of Tyra Lane from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. Council Member Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Council Member Buol. Motion carried 6-0. Council Member Michalski moved that a Public Hearing be held on the proposed Ordinance on the 2nd day of June, 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 6-0. Cily Manager recommending to set a public hearing for June 2, 1997 to Authorize an Offer to buy Real Estate and acceptance for Bergfeld Farm, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 224-97 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE, INCLUDING PROVISIONS PROVIDING A LOAN TO THE CITY IN THE PRINCIPAL AMOUNT OF $665,500 AND APPROVING THE FORM OF FARM LEASE ATTACHED THERETO, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City'), should provide for the authorization of an Offer to Buy Real Estate and Acceptance, including provisions providing a loan to the City in the principal amount of $655,500 and approving the form of Farm Lease attached thereto (together, the "Agreement"), between the City, as Buyer, and Kenneth G. Bergfeld and Janet M. Bergfeld, as Sellers, as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, a copy of which is now before this Council and incorporated herein by the reference, for the purpose of acquiring the real property described therein from the Sellers; and WHEREAS, the Agreement and the loan described therein shall be payable from the General Fund of the City; and WHEREAS, before a loan agreement may be authorized, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the loan agreement and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Carnegie-Stout public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 7:00 o'clock P.M. on the 2nd day of June, 1997, for the purpose to taking action on the matter of the authorization of the Agreement and the approval of the provisions thereof, including those provisions providing a loan to the City in the principal amount of $655,500 and approving the form of Farm Lease attached thereto, for the purpose of acquiring the real property described therein. Section 2. That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal Regular Session, May 19, 1997 newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the authorization of said Agreement. Section 3. The notice of the proposed action shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE, INCLUDING PROVISIONS PROVIDING A LOAN TO THE CITY IN THE PRINCIPAL AMOUNT OF $655,500 AND APPROVING THE FORM OF FARM LEASE ATTACHED THERETO, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa (The "City') will hold a public hearing on the 2nd day of June, 1997 at 7:00 o'clock P.M. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at which meeting the Council proposed to take additional action for the authorization of an Offer to Buy Real Estate and Acceptance, including provisions providing a loan to the City in the principal amount of $655,500 and approving the form of Farm Lease attached thereto (together, the "Agreement"), between the City, as Buyer, and Kenneth G. Bergfeld and Janet M. Bergfeld, husband and wife, as Sellers, for the purpose of acquiring the real property described therein. Principal and interest due from the general fund of the City with respect to the loan provisions of the proposed Agreement and all other loan agreements in force on the date of authorization will not exceed ten percent (10%) of the last certified general fund budget amount. A copy of the Agreement has been placed on file in the office of the City Clerk and may be inspected during regular office hours. At the above meeting, the Council shall received oral or written objections from any resident or property owner of the City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of the Agreement or will abandon the proposal. This notice is given by order of the City Council of Dubuque, Iowa, as provided by Sections 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this 19th day of May, 1997. Mary A. Davis, City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 19th day of May, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. Cily Manager recommending to dispose of City's interest in Lot 100 of Lenox Addition, presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 6-0. RESOLUTION NO. 225-97 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 100 LENNOX ADDITION IN THE CITY OF DUBUQUE TO MICHAEL E. AND DENISE G. ERSCHEN Whereas, the City of Dubuque is the current owner of Lot 100 of Lenox Addition in the City of Dubuque, Iowa; and Whereas, the adjacent property owners, Michael E. and Denise G. Erschen, have petitioned to purchase said property of the City of Dubuque. 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 100 of Lenox Addition to Michael E. and Denise G. Erschen. Section 2. That the conveyance of the City's interest shall be for the sum of $1.00 plus publication and filing fees and disposed of by quit claim deed. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Disposal of Property, Code of Iowa, 1997 or as amended. Passed, approved and adopted this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 6-0. City Manager submitting bidding documents for Dubuque Greyhound Park & Casino's Purchase of Methane Collection System Equipment, presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Nicholson. Carried by the following vote: Yeas-Mayor Duggan, Council Members Buol, Michalski, Nicholson, Robbins. Nays-None. Abstain-Council Member Krieg. Absent-Council Member Voetberg. RESOLUTION NO. 226-97 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 Dubuque Greyhound Park & Casino - Purchase of Methane Collection System Equipment, in the estimated amount of $33,988.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Regular Session, Mav 19, 1997 Passed, adopted and approved this 19th day of May, 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. Nays-None. Abstain-Council Member Krieg. Absent-Council Member Voetberg. RESOLUTION NO. 227-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Greyhound Park & Casino - Purchase of Methane Collection System Equipment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 2nd day of June, 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 19th day of May, 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. Nays-None. Abstain-Council Member Krieg. Absent-Council Member Voetberg. RESOLUTION NO. 228-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Greyhound Park & Casino - Purchase of Methane Collection System Equipment 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 May, 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 2nd day of June, 1997. Passed, adopted and approved this 19th day of May, 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. Nays-None. Abstain-Council Member Krieg. Absent-Council Member Voetberg. City Manager submitting bidding documents for Inter-facility Buried Communication Ducts with Innerducts Project, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 6-0. RESOLUTION NO. 229-97 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 City Government Inter-Facility Fiber Optic Communication Network - Phase 1 - Construction/Installation of Buried Ducts with Innerducts, in the estimated amount of $195,633.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. RESOLUTION NO. 230-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the City Government Inter-Facility Fiber Optic Communication Network - Phase 1 - Construction/Installation of Buried Ducts with Innerducts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 16th day of June, 1997, a Regular Session, May 19, 1997 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, form a contract and cost of said improvement, and the City clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days priorto the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. RESOLUTION NO. 231-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Government inter-Facility Fiber Optic Communication Network -Phase 1 -Construction/Installation of Buried Ducts with Innerducts is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security of accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as 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 3rd day of June, 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 16th day of June, 1997. Passed, adopted and approved this 19th day of May, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 6-0. property. Seconded by Council Member Buol. Motion carried 6-0. At 10:23 Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Council Member Michalski moved to adjourn the meeting. Seconded by Council Member Buol. Motion carried 6-0. The meeting adjourned at 10:24 p.m. Mary A. Davis CMC City Clerk Approved , 1997 Adopted 1997 Mayor Attest: City Clerk Bruce Hogan, 439 Clarke Dr., requested that the City upgrade and maintain a 250'long open alley. At 10:08 Council Member Michalski moved to go into Closed Session - In accordance with Chapter 21.5 1.Q) 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 Council Members