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1999 June Council ProceedingsSpecial Session, June 2, 1999 273 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, June 2, 1999 Council Met at 4:00 P.M., City Hall Conference Room Present Council Members Buol, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent Mayor Duggan, Council Member Voetberg. Dueto absence of the Mayor and the Mayor Pro-Tern, the Council choose Council Member Nicholson as Chair to conduct the meeting. Council Member Nicholson read the call and stated this is a Special Session of the City Council called for the purpose to do annual evaluation for the CH Manager. Markham moved to go into Closed Session in accordance with Ch. 21.5 1(I) 1997 Code of Iowa, as amended, to evaluate the professional competency of an indMdual whose appointment, hidng, performance or discharge is being considered when necessary to prevent needless and or irreparable injury to that individual's reputation and that individual has requested a Closed Session. Seconded by Buol. Motion carded 5-0. Voetber9 entered the Closed Session at 4:25 P.M. Duggan entered the Closed session via electronic means at 4:43 P.M. City Manager Van Milligen and Corporation Counsel Lindahl left the Closed Session at 4:50 P.M. Council reconvened in Regular Session at 5:00 P.M. indicating the evaluation had been completed and results would be part of Council Meeting scheduled for June 7, 1999. There being no further business, Robbins moved to adjourn. Seconded by Voetberg. Motion carded 7-0. The meeting adjourned at 5:02 p.m. MaryA. Davis CMC City Clerk Approved Adopted ,1999 ~;ounoil M~mbem A~est C~ Clerk Special Session, June 7, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, Monday, June 7, 1999 Council met at 5 p.m. for Dinner at the Second Floor Rotunda Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nichoison, Robbins, Voetberg. At 5:30 P.m. Council Met in the Public Library Auditorium for a presentation and discussion regarding landscaping the Gateways for the CH. Gil Spence, Leisure Services Director, gave the presentation. There being no further business, Council adjourned the Special Session at 6:14 P.M. Is/Mary A. Davis CMC .n(7~ Clerk Approved ~'1¢¢.,-¢--'¢'~%~2 ,1999 Adopted ~ ,1999 Council Members Attest: City Clerk ~' Reqular Session~ June 7, 1999 22~ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, June 7, 1999, Public Library Auditorium Council Met at 7:00 P.M. Public Library Auditorium Present Mayor Duggan, Council Members Buol, Markham, Mkihalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council cai[ed for the purpose to act upon such business which may propedy come before the Council. Invoca'don was given by Father William Menster. PROCLAMATIONS: June 5-12 as "Na§onal Homeownership Week" received by Jim Lansing; June 12 & 13 as "Rising Stars/independent League Days" received by Mark Jobgen and the Astros team; June 19 as "Dollars Against Diabetes Day." Rick Dickinson gave a verbal progress report from G.D.D.C. (Greater Dubuque Development Corporation). MINUTES SUBMITTED: Airport Commission of 3-15, 3-29 & 4-21; Cable TV Regulatory Commission of 5- 12; Community Development Advisory Commission of 5-18 & 21; 5 Flags Commission of 4-19; Human Rights Commission of 4-12; Housing Commission meeting of 5-11 & 17; Public Library of 3-25, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carded 7-0. Proofs of publication ceflJfied to by the Publisher of publishing Council Proceedings for 5-3; City Board of Heal~ of 5-10; Combined Public Notice of Finding of No Significant impact and Notice of Intent to, Request Re ease of Funds for St. Mark s Community Center Elevator Project, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carded 7-0. Finance Director submitting Financial Reports for month ending Apdl 30, 1999, presented and read. Buol moved that the communication and reports be received and filed. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings for the month of Apd[, 1999 for Council apprsvsi, presented and read. Buol moved that the pdnted proceedings be approved as pdnted. Seconded by Markham. Motion carried 7-0. NOTICES OF CLAiMS/SUITS: William Armstrong in unknown amount for vehicle damages caused by high water; .Kenneth Beck in unknown amount for sewer backup damages; Undsay Brander in est amt of $687.05 for vehicle damages; Cettingham & Butler, Inc., in unknown amount for airplane damages; Rick & Judi David in amount of $50.00 for water damages; Madeen Furry in amt. of $43.84 for vehicle damages; Mishe[e C. Harry- Segura in amount of $6,400 for water damages; Russell & Leona M. Hibben in unknown amount for storm sewer water damages; Larry & Sue Hurst in amount of $1134.00 for sewer damages; Thomas J. Lange in amount of $14,000 for storm damages; George & Madlyn Langas in est amt of $6,127.49 from water damages; Larry & Lord Liddie in est. amt of $2,330 for water damages; Robert McPoland in unknown amount for vehicle damages and personal injuries; John Merkss in est. amt of $2.500 for water damages; Patrick Miller in approx, amt. of $5,000.00 for water damages; Mike & Sue Polkinghom in unknown amount for water damages; Dat Quach in amt of $265.00 for water damages; Phil Schmerbach in amount of $75.00 for loss of personal property; Dianne Schneider in amount of $100.00 for water damages; Marvin Weber, in unknown amt, for property damages, presented and read. Bue[ moved that Regular Session, June 7, 1999 the claims and suits be referred to the Legai Staff for investiga~on and report. Seconded by Markham. Me,on carded Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communifies Assurance Podi: Pemonal injury and vehicle damage of Gary Carstans; Personal injury of Lisa Hammer, Vehicle damage of Rainbo Oil Company, presented and read. Budi moved that the communica§on be received and filed, Seconded by Markham. Motion carded 7-0, Corporation Counsel recommending setlJements of following claims and directing Finance Director to issue proper checks: Property damage claim of Oliver C. Bdieyn in amount of $50.00; Property damage of Mulgrew Oil Company in amount of $312.00, presented and read. Buol moved that the communications be received and filed and approved recommendations for ssttiement. Seconded byMarkham. Motion carded 7-0. Corp~rafion Counsel recommending denials of fdilowing claims: Property damage of Chades H. Burkart; Vehicle damage of Steven W. Pins; Housing needs of Tara Lee W~nger, presented and read. Budi moved that the communication be received and filed and approved recommendafion for denials. Seconded by Markham. Motion carried 7-0. Community Development Advisory Commission Chairperson repealing on the allocation of CDBG funds as a match for a Lead Paint Hazard Control Grant, presented and read. Buol moved that the communication be received and filed. Seconded by Markham, Motion carded 7-0, City Manager' recommending approval of grant agreement for Architectu ral/Hista rical Survey /Evaluation Proiect, presented and read. Buof moved that the communicafion be received and filed. Seconded by Markham, Motion carded 7-0. RESOLUTION NO. 248-99 RESOLUTION AUTHOR[ZING A GRANT AGREEMENT FOR HISTORIC PRESERVATION FUNDS FOR AN ARCHITECTURAL/HISTORICAL SURVEY/EVALUATION Whereas, the State Historic Preservation Office has awarded the City of Dubuque a grant of $12,758 in Historic Preservation Funds for an architectural/historical survey/evaluation project, and Whereas, the City of Dubuque has budgeted the local match of $17,400 for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor herebyis authorized to sign a grant agreement with the State Historical Preserva~on Office for Histodc Preservation Funds for an architectu raFhisto rical survey/evaluation project. Section 2. That the City Manager hereby is author[zed to utilize budgeted Capital Improvement Program Funds to provide the local match for this project. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adepdon of the resolution. Seconded by Markham. Motion carded 7-0. May 18, 1999 Honorable Mayor and Members of the City Counc~ In accordance with Chapter 400 of the 1997 Code of Iowa, as amended, an entry level examination was held for the pos~on of Public Safety Dispatcher, We hereby certify that the fdilowing indMduals have passed this written examination and the vacancy for this pos~on should be made from this list. We further state that this list is good for two (2) years from above date. PUBLIC SAFETY DISPATCHER Jim Abitz Robert Papenthien Rhonda Freiburger Respectfully submitted, Is/Merle J. Duehr, Jr. Chairperson /s/Thomas E, Rawson Civil Service Commission Reqular Session~ June 7~ 1999 January 6, 1999 (Amended May 18, 1999) Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, as amended, an entry level examination was held for the position of FOREMAN. As of the amended date above, the list needs to be amended in order to remove a name that was placed on the ceratication incorrectly. We hereby certify that the fdilowing individuals have passed this written examination and the vacancy for this position should be made from this list We further state that this list is good for two (2) years from above original date. FOREMAN Vincent Conner John Gotto Kevin Grace Elmer Heacock Paul Davis Michael Horsfall Patrick DeHeck Paul Herman John Huekels Respectfully submitted, /s/Mede J. Duehr, Jr. Chairperson /s/Thomas E. Rawson Civil Service Commission Buol moved that the above CMl Service codifications be made a matter of record. Seconded by Markham. Motion carried 7-0. Jim Gibbs submitting his resignation as member of Long Range Planning Commission due to recent appointment to Historic Preservation Commission, presented and read. Budi moved that the commudication be received and tiled and resignation accepted with regret Seconded by Markham. Motion carried 7-0. City Manager recommending acceptance of Ice Rink Warming House/Concession Building Project, presented and read. Budi moved that the communication be received and tiled and recommendation approved. Seconded by Markham. Motion carded 7-0. RESOLUTION 249-99 ACCEPTING IMPROVEMENT WHEREAS, the contract for the ICE RINK WARMING HOUSE /CONCESSION BUILDING PROJECT 227 has been completed and the City Manager has examined the work and tiled his ceYdticate 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 Cify of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said ~mprovement 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 7th day of June, 1999. Torrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION 250-99 FINAL ESTIMATE WHEREAS, the contract for the ICE RINK WARMING HOUSE /CONCESSION BUILDING 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, bythe City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $133,453 and the said amount shall be paid from the General Fund of the CH of Dubuque, Iowa. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayer Attest: Mary A. Davis, City Clerk Budi moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. City Manager recommending approval to amend the City's health care plans by expanding the organ transplant coverages, presented and 22R Regular Session, June 7, 1999 read. · Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carded 7-0~ City Manager recommending approval to renew an agreement with Segal Company for actuarial and consulting services related to health insurance issues, presented and read. Budi moved that the communication be received and filed and recommendation approved. Seconded by Markham. MoUon carded 7-0. City Manager recommending acceptance of Parking Facilifes Rehabilitafion Repairs Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 251-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Parking Facilifes Rehabilitation Repairs has been completed and the City Engineer has examined the work and flied his cer~cate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it for 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 Parking Construction Repair Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopt'ed this 7th day cf June, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buoi moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 252-99 FINAL ESTIMATE Whereas, the contract for the Parking Facilities Rehabilitation Repairs 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 $99,391.86, and the said amount shall be paid from Parking Construction Repair Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. John Gronen for himseff, Jeff Bertsch and Mike Steele, subm~ng a progress report regarding renovation of Merchants Hotel, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Mo~on carded 7-0. City Manager recommending awarding of contract for 1999 P.C. Concrete Paving Project- No. 1, )resented and read. ,Buol moved that the communicafion be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 253-99 AWARDING CONTRACT Whereas, sealed proposals have been subm~ed by contractors for the 1999 P.C. Concrete Paving Project - No. 1 pursuant to Resolu~on No. 195- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 30th day of Aptil, 1999. Whereas, said sealed proposals were opened and read on the 27th day of May, 1999, and it has been determined that the bid of Horsfield Construction, Inc. of Epworth, Iowa, in the amount of $1,961,829.38 was the lowest bid for the furnishings of all labor and materials and performing the Reqular Session; June 7~ 1999 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 Horsfleld Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the si~ning 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 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Buol moved adopfion of the resolution. Seconded by Markham. Motion carried 7-0. City Manager recommending submitting of application to HUD for the Upper Mississippi River National Wildlife and Fish Refuse Interpretive Center on behalf of Dubuque County Historical Society, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 254-99 A RESOLUTION AUTHORIZING THE FILING OF A ECONOMIC DEVELOPMENT INITIATIVE (EDI} SPECIAL PROJECT APPLICATION FOR THE UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE INTERPRETIVE CENTER ON BEHALF OF THE DUBUQUE COUNTY HISTORICAL SOCIETY. Whereas, Congress has directed the U.S. Department of Housing and Urban Development to provide funding from the Economic Development Ini~ative (EDI) account for EDI Special projects, and: Whereas, the U.S. Department of Housing and Urban Development has provided EDI Special project funding of $800,000 for the Cb of Dubuque for 229 work associated with the development ! of the Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center, and Whereas, the Dubuque County Historical Society will be the entity responsible for completing said project; and Whereas, said ED[ Special project requires an application and supporting documents to be submitted to the U.S. Department of Housing and Urban Development; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IQWA: Section 1. That the filing of an application for the Economic Development Ini~ative (ED[) Special Project for the Upper Mississippi River National Wildrife and Fish Refuge Interpretive Center is approved. Section 2. That the Mayor is hereby authorized and directed to execute and submit said application to the U. S. Department of Housing and Urban Development together with such documents as may be required. Passed, approved and adopted this 7 day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cb Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. The Eighth Amendment to City Manager's Employment Agreement, 3resented and read. Buol moved that the communication be received and filed and amendment approved. Seconded by Markham. Mofion carried 7-0. City Manager recommending approval of a fourth amendment to the Development Agreement between the City and Horizon/CarteGraph Systems, Inc. and authorize Mayor to execute, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Attorney Robert Klauer, representing M&K, Ltd., requesting assignment of Lease and Agreement for property known as Dubuque Marina, ?30 Regular Session, June 7, 1999 preseoted and read. Buol moved that this matter be referred to the City Manager. Seconded by Markham. Motion carded 7-0. Swiss Valley Farms expressing the support of final actions taken regarding reconstruction of Jackson Street and the parking issue, presented and read. Buol moved that the communication be received and tiled. Seconded by Markham. Motion carried 7-0. City Manager recommending City support preservation of the existing use of the Hillcrest Apartments as a rent- assisted family apartment community, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Moron carded 7-0. RESOLUTION NO. 255*99 A RESOLUTION SUPPORTING THE MAINTENANCE OF AFFORDABLE RENTS AT THE HILLCREST APART- MENTS, UNDER THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,S LOW-INCOME HOUSING PRESERVATION Whereas, the Hillcrest Apartments provide rent-assisted housing to eligible families; and Whereas, these apartments since 1972 have consistently been maintained and managed in a quality manner; and Whereas, because of their west- side location the Hilkirest Apartments help to achieve the City's goal for deconcentration of rent-assisted housing; and Whereas, the ownership of the Hillcrest Apartments executed a 50- year agreement with HUD for continuance of affordable rents, in 1995; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The Department of Housing and Urban Development is hereby requested to maintain a contract wffh the Hilkirest Apartments so as to continue to provide affordable rents to the current and future Iow- and moderate-income residents of the facility, for the remaining term of the 1995 LIHPRHA agreemenL Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. City Manager recommending acceptance of deed from FDL Foods, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 256-99 A RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM FDL FOODS, INC. Whereas, THE City of Dubuque has acquired the following described real estate in Dubuque County, Iowa: Lot 2 of FDL Second Add'~on to the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas,, the terms of the Purchase Agreement for said real estate have been met and FDL Foods, Inc., has delivered a Warranty Deed. a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Cffy of Dubuque hereby accepts the Warranty Deed from FDL Foods, Inc., a copy of which is attached hereto. 2. The City Clerk is hereby authored and directed to record this Resolu~on and the Warranty Deed with the Dubuque County Recorder as provided in Iowa Code Sec. 569.7. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Cler~: Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7°0. RESOLUTION NO. 257-99 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 Reqular Session, JUne 7i '1999 231 sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 59 RENEWALS 5 Point Mar 5 Point Mad: Inc. 405 Rhomberg 16th StAuto/Truck Plaza Mulgrew Oil Co. 1215 E 16th St Admiral's Hi-Hat West Donald Meyer 253 Main St Angie's Bar Angola Mangeno 1421 Elm St Aragon Tap Myra Woodman 1103 Iowa St Asbury AMOCO Foodshop Mulgrew Oil Co. 3300 Asbu~ Rd Big 10 Mart/CarWash Molo O~ Co. Big 10 Mart Big 10 MaC[ Bunker Hill Snack Bar Casey's General Store Casey's General Store Cedar Cross AMOCO 1875 J.F.K. Rd Molo Oil Co. 9th & Central Molo Oil Co 2100 J.F.K. Rd GMS Inc 2200 Bunker HI Angel Jnv 2699 Rockdale Monday Co 4003 Peru Rd Cedar Cross AMOCO 1200 Cedar Cross Central Tap Myra Woodman 1046 Central Clubhouse Melvin Spiegelhalter 2364 Washington Creslanes Bowling Crescent Electdc Supply 255 S Main St Cue Master Limited Marvin Rupp 900 Central Ave Dempsey's/Molly's Pub & Grub Clifford Enter. Dubuque EconoFoods #471 FDE Foods, Inc Fat Tuesday's Galaxies 395 W gth St Dubuque Inn Corp 3434 Dodge St Naah-Finch Corn 3355 J.F.K. Cir FDL Foods Inc. 701 E 16th St F & H Enterprisss 1121 University Galaxies Inc 3203 Jackson St Hammerheads Bar & Billiards Hammerheadslnc 2095 KerperBivd Hy-Vee Foods Hy-Vee Foods Inc. 3500 Dodge St Instant Replay Pamela Arensdorf 1602 Central Av Iowa Potato & Produce Hs George Waddell 2600 Dodge St JFK AMOCO Foodshop Mulgrew Oil Co. 1701 J.F.K. Rd K.C.'s Downtown Auto Cntr Lynn Kruser 205 Locust St Kwik Stop Rainbo Oil Co. 2255 Kerper BIv Kwik Stop Rainbo Oil Co. 2350 Central Av Kwik Stop Rainbo Oil Co. 2320 Hwy 61 Kwik Stop Rainbo Oil Co. 4039 Pennsylvania Kwik Stop Rainbo Oil Co. 1400 Central Av Kwik Stop Rainbo Oil Co. 1685 JFK Rd Kwik Stop Rainbo Oil Co 280 Locust St kwik Stop Rainbo Oil Co. 2297 University La Nortena Teodoro Rubio 1810 Central Av 'Loras AMOCO Foodshop Mulgrew Oil Co. 1450 Loras Blvd McCann's IOCO McCann's Se~ce Inc. 690 W Locust St Martin Automagic Pdde SeMce 2175 Central Oky Doky #1 TFM Co. 250 W 1 st St Oky Doky #2 TFM Co. 51 W 32nd St Oky Do~#6 TFM Co. 1256 Iowa St Oky Doky #8 Hill St Plaza 535 Hill St Oky Doky# 14 K-Cap Food, Inc. 1050 University Oky Doky #15 Jena Inc. 1101 Rhomberg Av Puff n Snuf Molo Oil Co 495 N Grandview Puff n Snuff Molo Oil Co 2013 Central Av Riverside Bowl Riverside Bowl Inc. · 1860 Hawthorne Sid's Beverage Beverly Miller 2727 Dodge St Tony's Place Chadss Steffen 1701 Central Ay Tri-State Goff Center Goff Center Inc. Tugboat Willy's Walgreens # 0377 Wain ut Tap Wareco Service Tri-State 1095 Cedar Cross Tugboat Willy's Inc. 1630 E 16th St Walgreen Co 555 J.F.K. Rd Craig Weiner 709 University Wareco Service Inc. 232 Regular Session, June 7, 1999 700 Rhomberg Av White House Tap David Hoffman 450 W Locust St Yardarm M & K Ltd 1201 Shiras Ext Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 258-99 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 Cb. NEW Diamond Jo Casino Portside Peninsula Gaming Co. 400 E 3rd St Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolu~on. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 259]99 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 flied 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"( SPECIAL EVENT) BEER PERMIT Donna Ginter Cat~sh FestNal +(Sunday/Outdoor Sew) Hawthorne St Dubuque Jaycees Dubuque Jaycees +(Outdoor Serv)TentA Town ClockPi Dubuque Jaycees Dubuque Jaycees +(Outdoor Sew)Tent A Town Clock PI Dubuque Jaycees Dubuque Jaycees +(Outdoor Serv)Tent B Town Clock PI Dubuque Jaycees Dubuque Jaycees +(Outdoor Serv)Tent C Town Clock Pi CLASS "C' BEER PERMIT Jena Inc. Oky Doky # 15 +(Sunday Sale) 1101 Rhomberg Ave Passed, approved and adopted this 7th dayofJune, 1999. Terrance M. Duggan, Mayor Attest: MaryA Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 260-99 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 tiled 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 Duke's Place Inc. Duke's Place 2600 Dodge St Cresianes Bo,Ming Crsslanes Bowling +(Sunday Serv) 255 S Main St Riverside Bowl, Inc. Riverside Bowl +(Sunday/Outdoor Serv) 1860 Hawthorne Peninsula Gaming Corn LLC Diamond Jo Casino Per[side +(Sunday/Outdoor) 400 E 3rd St Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolu~on. Seconded by Markham. Motion carded 7-0. Duke's Place requesting transfer of their Liquor License from 2600 Dodge Street to 1475 Associates Drive on June 12th from 5 p.m. to midnight, presented and read. Buol moved that the communication be received and Reqular Session~ June 7i 1999 233 tiled and request approved. BOARDS & COMMISSIONS: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: Applicant:. Sarah Schneider, Michalski moved that Sarah Schneider be appointed to this Commission for an unexpired term which will expire 10-1- 99. Seconded by Robbins. Motion carried 7-0, Buol moved that the rules be suspended to allow anyone present to address the Council. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Headng and Plans & Specs. and Notice to Property Ownem for 1999 P.C. Concrete Paving Project - No 2. (Consisting of Arlington St. from Praide to Grove Terrace AND West 5th Street from Bluff to Hill Streets); Communication of Michael Hoskins objecting to his assessment for the West Fifth Street Paving project, presented and read. Robbins moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. Mike Hoskins of 794 W. Fifth St spoke objecting to assessment due to the location of the island in front of his home. Ronald Roberts, 609 Arlington St., spoke questioning specifics of Historic consideration for street maintenance. RESOLUTION NO. 261-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of May, lg99, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the 1999 P.C. Concrete Paving Project - No. 2. Whereas, notice of hearing on plans, specifications, form of contract, and ectmated 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 7th day of June, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, CityClerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 262-99 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 1999 P.C. CONCRETE PAVING PROJECT - NO. 2 Whereas, the City Council has proposed a Resolution of Necessity for the 1999 P.C. Concrete Paving Project - No. 2, has given notice of the public hearing thereon as required by Jaw; and Whereas, the public hearing has been held, ali persons offering objections have been heard and consideration given to all objectons and is pending before this Council; and Whereas, this is the time and placa 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 objections tiled or made having been duly considered are overruled. Passed, adopted and approved this 7th day of June, 1999. Terrence M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Buol moved adoption of the rasolution. Seconded by Nicholson. Motion carded 7-0. Proof of publication certified to by the Publisher on Notice of public hearing to consider rezoning property located on Highway 20 West & Cousins Road from County A-1 to City's C-3 Classification, concurrent with annexation; Copy of pe~don to Zoning Advisory Commission containing 45 signatures requesting denial of rezoning, presented and read. 234 Regular Session, June 7, 1999 Voetberg moved that the proof and petition be received and filed. Seconded by Buol. Motion carded 7-0. Paul Cate spoke requesting rezoning to C-3. Kim Sanford, 12133 Cousins Rd., and Karen Rokusek, 12107 Cousins, both spoke objecting to commercial rezoning and ques~oning devaluations of their residential area. An Ordinance Providing for amendment to Zoning Map by reclassif~ng property located on Highway 20 West and Cousins Road from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial District with conditions, concurrent with annexation, (Cate & Stewart), with first and second readings given 5-17-99, now presented for further action. Voetberg moved to table action to the meeting of 6-21-99. Seconded by Nicholson. Mofion carried 7-0. Proof of pubiica§on cer~fied to by the Publisher on Notice of public hearing to consider annexing property adjacent to the Dubuque Soccer Complex as requested by Grendview Avenue United Methodist Church, and City Manager recommending approval of voluntary annexation request by Grandview Avenue United Methodist Church, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried RESOLUTION NO. 263-99 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA Whereas, Grandview Avenue United Methodist Church, as owners of approximately 20 acres of properb/ lying outside the corporate limits of the City of Dubuque, Iowa, have voluntarily petitioned for annexafion of said territory to the City of Dubuque, as shown in Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a resolution after notification as required by State regulations; and Whereas, the future growth and development of the C~ of Dubuque, Iowa, make it desirable that said property be made a part of the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa, be, and they are hereby extended, to include propert7 legally described as Lot 2 of Mineral Lot 460 and Lot 2 of the NE 114, all in Section 16, Township 89N, Range 2E of the 5th P.M. in Dubuque County, Iowa. Section 2. That the territory hereby annexed shall become a part of the Second Ward, Eleventh Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all Exhibits and the petition for voluntary annexation with the City Development Board of the State of Iowa. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Proof of publication cer~ed to by the Pubrmher on Notice of public hearing to consider reclassifying property located at 12691 John F. Kennedy from County A-1 to City R-1 District, presented and read. Michalski moved that the proof be received and filed. Seconded by Markham. Motion carded An Ordinance Amending Zoning Map by reclassifying property located at 12691 John F. Kennedy Road from Dubuque County A-1 Agricultural District to City of Dubuque R-1 Single- Family Residential District, concurrent wfth annexafion, with first and second readings given 5-17-99, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 49 -99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, Reqular Session, June. 7, 1999 234 BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 12691 JOHN F. KENNEDY ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, CONCURRENT WITH ANNEXATION. Whereas, Grandview Avenue United Methodist Church, property owners, have requested rezoning concurrent with the annexation to the City of Dubuque, in accordance with Secfion 2-3 of Appendix A (the Zoning Ordinance) of the City of Dubuque code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. 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 reclass~,ing the hereina~er described property from Dubuque County A-1 Agricultural District to City of Dubuque R-1 Single- Family Residential District, to wit Lot 2 of Mineral Lot 460 and Lot 2 of theNE 1/4 all in Section 16, TBgN R2E of the 5th P.M., all in the City of Dubuque, Iowa. Se~on 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the County of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Aftest: MaryA: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of June, 1999. Mary A. Davis CMC, City Clerk It 6/15 Michalski moved final considerafion and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Proof of publication cerdfied to by the Publisher on Notice of public hearing to consider reclassifying property located at 2705 Rhomberg Ave. from CS to R-1 District (Tom & John Duccini), presented and read. Robbins moved that the proof be received and filed. Seconded by Voetberg. Motion carded 7-0. Tom Duccini, 945 Clarke Dr., spoke requesting favorable rezoning. An Ordinance Amending Zoning Map by reclassifying property located at 2705 Rhomberg Ave. from CS Commercial Se~ce and Wholesale Distdct to R-1 Single-Family Residential District, with first and second readings given on 5-17-99, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 50-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING :ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2705 RHOMBERG AVENUE FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO R-I 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 CH of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa from CS Commercial Se~ce and Wholesale Distdct to R-1 Single-Family Residential District. 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 236 Regular Session, June 7, 1999 effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published offMally in the Telegraph Herald newspaper this 15th day of June, 1999. Mary A. Davis CMC, City Clerk It 6/15 Robbins moved final considerafion and passage of the Ordinance. Seconded by Voetberg. Motion carded 7-0. Proof of publication certified to by the Publisher on Notice of public hearing to consider pardal release of City liens on real estate former~ owned by FDL Foods, Inc. and City Manager recommending approval of partial release of liens, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 264-99 RESOLUTION AUTHORIZING PARTIAL RELEASE OF REAL ESTATE MORTGAGE AND FINANCING STATEMENTS AS TO LOT 2 AND LOT 4 OF FDL FIRST ADDITION TO THE CITY OF DUBUQUE, IOWA. Whereas, pursuant to Resolution and published notice of time and place of headng, the City Counci~ of the City of Dubuque, Iowa, met on June 7, 1999, to consider the proposal to dispose of interests in certain real estate by executing a Partial Release of Real Estate Mortgage filed December 9, 1982, as Instrument No. 6742-82, and a Financing Statement flied December 9, 1982, as Instrument No. 6743-82, as to the following described real estate located in the City of Dubuque, Iowa: Lot 2 and Lot 4 of FDL First Addition to the City of Dubuque, Iowa; and Whereas, the City Council overruled any and all objections, oral or written, to dispose of interests of the City of Dubuque, Iowa, in the here[nabove real estate. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Partial Release of Real Estate Mortgage attached hereto is hereby approved. Section 2. That UCC-4 Partial Release of Financing Statement attached hereto is hereby approved. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Partial Release of Real Estate Mcr[gage and UCC-4 Partial Release. Section 4. That the City Clerk is hereby authorized and directed to have a copy of the executed Release of Real Estate Mortgage and UCC-4 Partial Release and a certified copy of this Resolufion recorded in the Office of the Dubuque County Recorder. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adop~on of the Resolution. Seconded by Nichoison. Motion carded Proof of publication certified to by the Publisher on Notice of public headng to consider disposing of City's interest in Lot 2 and 3 of Rigi Sub. No 3 to Dubuque & Trust Co. and City Manager recommending to proceed with disposing of said property, )resented and read. Robbins moved that the proof and communication be received and filed. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 265-99 RESOLUTION DISPOSING OF CiTY INTEREST IN LOT2 & LOT3 OF RIGI SUB. NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of lime and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 28th day of May, 1999, the City Counci] of the Cffy of Dubuque. Iowa met on the 7th day of June, 1999, at 7:00 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: Reqular Session~ JUne 7i 1999 237 Lot 2 & Lot 3 of Rigi Sub. No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to eell auch real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2 & Lot 3 of Rigi Sub. No. 2 in the City of Dubuque, Iowa to Dubuque Bank & Trust be and the same is hereby approved for the sum of $1,030.25 plus cost of publication, platting and tiling fees. Conveyance shall be by Quit Claim Deed. Section 2. The Cb of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstru~ng, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electdc lines as may be authorized by the City cf Dubuque, Iowa, and all of Lots 2 & 3 of Rigi Sub. ' No. 2 in the City of Dubuque, Dubuque County, Iowa. Section 3. 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 derrver said deed of conveyance to Dubuque Bank & Trust upon receipt of the purchase pdce in full. Section 4. That the Cb Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the off~ce of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaP/A: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bide for Construction of and City Manager recommending to award contract for Asbury Road at Chaney Road Traffic Signal Installation project, presented and read. Buol moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO, 266-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 26th day of Apdl, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Asbury Road at Chaney Road Traffic Signal Installation. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 267-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Asbu~y Road at Chancy Road Traffic Signal Installation pursuant to Resol~on No. 211-99 and notice to bidders published in a newspaper ~ublished in the City of Dubuque, Iowa on the 7th day of May, 1999. Whereas, said sealed proposals were opened and Westphal & Company, Inc. of Dubuque, Iowa in the amount of $22,731.19 was the lowest bid for the furnishings of all labor and materials and performing the work as ~rovided for in the plans and specifica~dons. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 238 Regular Session, June 7, 1999 That the contract for the above improvement be awarded to Westphal & Company, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authored and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of and City Manager recommending to rebid the Five Flags Chiller Equipment (Ice making equipment) project, presented and read. Michalski moved that the proof and communication be received and tiled. Seconded by BuoL Motion carded 7-0. RESOLUTION 268-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 17th day of May, 1999, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the FIVE FLAGS CENTER CHILLER EQUIPMENT PURCHASE. WHEREAS, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said Improvements for said project. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 269-99 RE-ORDERING BIDS WHEREAS, no bids were received on May 25, 1999,'for purchase of the Five Flags Chiller Equipment; and WHEREAS, it is in the best interest of the City to re-bid for this equipment. NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, RESOLUTION NUMBER 239-99 IS HEREBY RESCINDED. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the FIVE FLAGS ICE CHILLER EQUIPMENT is hereby ordered to be advertised for bids for purchase. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the )rovisions of the no~ce to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adver'dse for bids for the construction of the improvements herein provided, to be published in a newspaper having general cireulation 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 14th day of June, 1999. 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 21st day of June, 1999. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Micharski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager submit'ring Ordinance allowing Anthony Koch to construct sign at 1520 Central Ave., presented and read. Voetberg moved that the communication be received and tiled. Seconded by BuoL Motion carded 7-0. Re.qular Sessioni ;June 7i 1999 239 An Ordinance Authorizing Anthony Koch to construct a projecting sign at 1520 Central Ave., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 51-99 AN ORDINANCE AUTHORIZING ANTHONY KOCH TO CONSTRUCT A PROJECTING SIGN NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Anthony J. Koch as the owner of the premises known as 1520 Central Avenue, Dubuque, iowa, and legally described as Lot 1 of Peter Kalb Place, be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permlttees and approved by the Cfty Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and ail liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death end/or injudes to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittass' further agreement that should the dght and privilege herein granted be rescinded or revoked by the City Council, permlttaes, or their successors in interest, as owners of the abu~ng property, shall within ten (10) days after receipt of wrlttan notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permlttees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resuitng from the removal of said sign. Section 5. That permit'tees covenant and agree that the revocable )ermit herein granted does not constitute an approval of the design, erection, {eeation, construction, repair or maintenance of said facility and said )ermlttees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injudss and/or property damage against the permittees adsing out of or in anyway connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Anthony Koch when this Ordinance has been adopted by the City Coundl and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, 240 Regular Session, June 7, 1999 Pa~sed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 51-99 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 51-99, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions .and agreements therein contained to be performed by permtitees. By:. /s/Anthony Koch Ti'de: Owner Dated: April 2, 1999 Published officially in the Telegraph Herald newspaper this 15th day of June, 1999. It 6/15 Mary A. Davis CMC, City Clerk Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meefing at which it is to be finally passed be suspended. Seconded by BuoL Carded by the fo[lowing vote: Yeas--Buot, Duggan, Markham, Nicholson, Robbins, Voetberg. Nays--Michalski. Voetberg moved final censiderafion and passage of the Ordinance. Seconded by Buol. Carried by the following vote: Yeas---Buol, Duggan, Markham, Nicholson, Robbins, Voetberg. Nays---Michalski. City Manager· recommending approval' of final plat of poYdon of Jaeger Heights SubdMsJon No. 2, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 270-99 A RESOLUTION RESCINDING RESOLUTION NO. 28-96 AND REAFFIRMING THE FINAL PLAT OF BLOCK 4, LOTS 1 THRU 5; BLOCK 5, LOTS I THRU 3; AND BLOCK 6, LOTS I THRU 4, JAEGER HEIGHTS SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been tiled with the City Clerk a final plat of Block 4, Lots 1 thru 5; Block 5, Lots 1 thru 3; and Block 6, Lots 1 thru 4, Jaeger Heights Subdivision No. 2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears, streets to be known as Jaeger Drive and Bianca Drive (Lot together with certain public utilb/ and sanitary sewer and storm 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 tind 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 cond'Cdons of approval established by the Zoning Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA~ Section 1. That Resolution No. 96 is hereby rescinded. Section 2. That the dedicafion of Jaeger Drive and Bianca Drive (Lot A) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said tinal plat, be and the same are hereby accepted; and Section 3. That the final plat of Block 4, Lots 1 thru 5; Block 5, Los 1 thru 3; and Block 6, Lots 1 thru 4; Jaeger Heights Subdivision No. 2, is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the reaffirmation 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 Jaeger Drive and Bianca Reqular Session;June 7+ 1999 241 Drive to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, al~ in a manner acceptabts 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 indMdual 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 specifica§ons, 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 improve- manta for a pedod of two (2) years from the date of acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners or future owners. And further provided that said Al Gudenkauf, as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the Cb Manager of the City of Dubuque, iowa. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including Lots with mu~Jple frontages, as required by City Code 41-161 through 41-164. The responsibility shall ex,end 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 5. That the final acceptance of all public improvements shalJ occur upon ce~fication of the City Engineer that all public improvements have been completed in accordance with the improvement plans and City standard specifications. Section 6. That in the event Al Gudenkauf shall fail to execute the acceptance and furnish the guarantees in Section 2. hereof within 180 days after the date of this Resolu~on, the provisions hereof shad be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk ACCEPTANCE OF RESOLUTION NO. 270-99 I, the undersigned, Al Gudenkauf, having read the terms and conditions of the Resolution No. 270 -99, and being familiar with the conditions thereof, hereby accept the same and agree to the condi~ons required therein. NOT SIGNED AS OF JuLY 12, 1999 By: Al Gudenkauf Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending to enter into a 28E Agreement with Dubuque & Clay[on Counties to provide high angle rescue se~,ices, presented and read. Voetberg moved that the communica~on be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of downtown rehabilitation loan for Davey Robertson's public bar project, presented and read. Markham moved that the communication be received and flied. Seconded by Buol. Motion carried 7-0. 242 Regular Session, June 7, 1999 RESOLUTION NO. 271-99 A RESOLUTION ~UTHORIZJNG A LETrE~ OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING A DOWNTOWN REHABILITATION LOAN TO JOHN FINN. Whereas, the City of Dubuque, iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of this loan program to finance code compliance actlv~es and to spur job creation activities; and Whereas, the loan application from John Finn meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of John Finn's par~cipation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of John Finn for pariJcipation in the Downtown Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the Ci~ of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to John Finn for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Secfion 4. Thatthe City Manageris hereby author[zed to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary lean documents and is further authorized to disburse loan funds from the Downtown Rehabi]itafion Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 7,~h day of June, 1999. Terrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. Verbal request from Council Member Buol to reconsider action taken at meefing held on May 17, 1999 regarding rezoning property at 2509 Lincdin Ave. as requested by Ronald and Margie White and denied by the Zoning Advisory Commission. An Ordinance Amending Zoning Map by reclassifying property located at 2509 Lincoln Ave. from R-1 Single- Family Residen~al District to R-2 Two- Family Residential Dis~cL Buol moved to reconsider the action taken on 5-17-99 to deny the rezoning. Seconded by Nicholson. Mo~on carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 1999 at 7:00 p.m. in the Public Ubrary Auditorium and that the C~ Clerk ~ublish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Nelson Britt, Executive Director of Dubuque Museum of Art, subm~ng atierafions at 7th St. between Locust and Bluff regarding removal of partdng meters, presented and read. Nichdison moved that this matter be referred to the City Manager. Seconded by Robbins. Motion carriedT-0. City Manager recommending approval of agreement that would allow site preparation related to the Eagle Window & Door Company property ~rior to closing on the sale of the property, presented and read. Voetberg moved that the communication be received and fired and recommender/on approved. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of amendments to Citizen Participation Plan and Fiscal Year 1999 Annual A~on Plan, presented and read. Buol moved that the communication be received and tiled. Reqular Sessioni June 7i 1999 243 Seconded by Nichokson. Motion carried 7-0. RESOLUTION NO. 272-99 RESOLUTION APPROVING AN AMENDMENT TO THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Whereas, on September 8, 1992 the City Council of the City of Dubuque, Iowa adopted a Citizen Participation Plan ( the "Plan") which set forth a process for c[~zen involvement in the development of the City's Community Development Block Grant (CDBG) program; and Whereas, a revised Plan was approved by the City Council by Resolution 311-95, effective October 1, 1995 to meet new federal regulations regarding the Consolidated Planning Process; and Whereas, the Commun~ Development Advisory Commission has reviewed a proposed amendment to the Plan to ellow the reallocation of up to 10% of the Annual EnCJement and Program income when a disaster has been declared by the Governor or Mayor, and · Whereas, the Community Development Advisory Commission has voted to approve said amendment and to recommend approvel by the City Counc~ as necessary and appropriate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA~ Sec'don 1. That the Amendment to Section III of the Citizen Participation Plan as shown in Exhibit A is hereby approved. Section 2. That said Amendment shall become effective immediately and the remaining sections of the Plan will remain in effect as previously adopted. Section 3. That the Plan as amended shall be tiled in the Community and Economic Develop- ment Department as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA~ Davis, CityClerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 273-99 RESOLUTION APPROVING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ANNUAL ACTION PLAN FOR FISCAL YEAR 99 - JULY 1, 1998 THROUGH JUNE 30, 1999 (PROGRAM YEAR 1998). Whereas, the City of Dubuque prepared and filed with the U.S. Department of Housing and Urban Developmen( an Annual Action Plan for Fiscal Year 1999 (Program Year 1998); and Whereas, the City of Dubuque now desires to amend said Plan as per the attached Exhibit A; and Whereas, said amendment is a non- substantiel amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after review by the Community Development Advisory Commission; and Whereas, the Community Development Adv~ory Commission reviewed the proposed amendment on May 21, 1999, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CI'F'¢ OF DUBUQUE, IOWA: Section 1. That the Community Development Block Grant Fiscel Year 1999 Annual Action Plan (Program Year 1998) Amendment 2 hereto attached as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Deparb'nent of Housing and Urban Development_ Passed, approved and adopted this 7 day of June, 1999. Terrance M. Duggan, Mayor Attest: Ma~'A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager reque~ng to designate a City representative for Regular Session, June 7, 1999 signing and filing documents with Iowa Emergency Management Division (EMD) for FEMA assistance, presented and read. Buol moved that the communication be received and f~ed. Seconded by Nichorson. Motion carried 7-0. RESOLUTION NO. 274-99 RESOLUTION DESIGNATING THE CITY MANAGER AS THE CITY OF DUBUQUE'S AUTHORIZED REPRESENTATIVE FOR SIGNING AND FILING DOCUMENTS TO OBTAIN FEDERAL/STATE FINANCE ASSISTANCE UNDER THE DISASTER RELIEF ACT Whereas, the City of Dubuque received Presidential Declaration as a disaster area as the result of the May 25 stocm; and Whereas, the State of Iowa requires the City of Dubuque to designate a representative for purpose of obtaining FederaFState finance assistance under the Disaster Relief Act (PL 93-288) as amended) or otherwise available from the President's Disaster Relief Fund and the Code of Iowa, Chapter 29C. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe City Manager is designated to be the City of Dubuque's Authorized Reprasenta~e for the purpose of obtaining Federal/State finance assistance under the Disaster Relief Act or other,vise available from the President's Disaster Relief Fund and the Code of Iowa, Chapter 29C. City Council aisc authorizes the Finance Director to provide information in these matters. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager subm~ng documents providing for construction of Five Flags Chiller Equipment Installation, presented and read. Michalsld moved that the communication be received and tiled. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 275.99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 FIVE FLAGS ICE CHILLER EQUIPMENT INSTALLATION, in the estimated amount of $115,000, ara heraby approved and ordered flied in the office of the City Clerk, for public inspection. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 276-99 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 tile in the office of the City Clerk for public inspection of the FIVE FLAGS ICE CHILLER EQUIPMENT INSTALLATION. NOW, THEREFORE, BE ~T RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 6th day of July, 1999, a )ublic 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 of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be 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 pdor to the day fixed for its consideration. At the headng, any interested person may appear and objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, approved and adopted this 7th day of June, 1999. Regular Sessioni June 7; 1999 245 Terrance M..Duggan, Mayor Attest Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 277-99 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thatthe FIVE FLAGS ICE CHILLER EQUIPMENT INSTALLATION is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOEVED, 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 4th day of June, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final acfion at 7:00 p.m. on the 6th day of July, 1999. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A: DaviS, CH Clerk MichalskJ moved adopfion of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager submitting documents providing for construction of Amendment to 1999 P.C. Concrete Pa~ng Project No. 1 (add water service assessments to Van Buren St), presented and read. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 278-99 RESOLUTION APPROVING AMENDMENTS AND/OR ADDiTIONS TO THE PRELIMINARY SCHEDULE OF ASSESSMENTS FOR THE 1999 P.C. CONCRETE PAVING PROJECT - NO. 1 NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, hereby amends and/or makes additions to the schedule of proposed assessments for the 1999 P.C. Concrete Paving Project - No. 1 and the valuations set out herein are hereby approved. Passed, approved and adopted this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the R~olu~on. Seconded by Buol. Motion carried 7-0. Gity Manager recommending execution of Consent to Plat and to release CH Liens on Lot 2 of FDL Second Addition and set public headng for June 21, 1999, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Mofion carded 7~0. RESOLUTION NO. 279-99 RESOLUTION DECLARING THE INTENT OF THE CITY OF DUBUQUE, IOWA, TO DISPOSE OF INTERESTS IN CERTAIN REAL ESTATE Whereas, FDL Foods, Inc., executed and delivered a Rea~ Estate Mortgage to the City of Dubuque, Iowa ("City"), filed December 9, 1982, as Instrument No. 6742-82, a Financing Statement filed December 9, 1982, as Instrument No. 6743-82, and a Financing Statement filed September 27, 1996, as Instrument No. 11483-96, all in conne~on with loans from City;, and Whereas, the City has acquired the ownership interests of FDL Foods, Inc., in Lot 2 of FDL Second Addition, and the execution of Par~al Releases of Real Estate Mortgage and PaCdal Releases of Financing Statements for this parcel is determined to be in the public interest NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is the intent of the City Council to release the liens adsing Regular Session, June 7, 1999 out of a Mortgage filed December 9, 1982,' as Instrument No. 6742-82, a Financing Statement tiled December 9, 1982, as Instrument No. 0743-82, and a Financing Statement tiled September 27, 1996, as Instrument No. 11483-96 as to the following described real estate located in the City of Dubuque, Iowa: Lot 2 of FDL Second Addition to the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby directed to give notice in the manner required by law of a public headng to be held on June 21, 1999, at 7:00 P.M. in the Auditorium of the Carnegie-Stout Public Library, at which time and place all interested panes will be given opportunity to be heard for or against the proposal to dispose of the real estate interests herein described. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager submitting documents providing for construction of Storm Damage Repair of Washington and Valley Streets, presented and read. Michalski moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 280-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Storm Damage Repair of Washington and Valley Streets, in the estimated amount of $173,759.14, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 281-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the Cb 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 tile in the office of the City Clerk for public inspection of the Storm Damage Repair of Washington and Valley Streets. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 21st day of June, 1999, 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, form of contract and cost of said improvement, and the Cb 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 day fixed for its consideration. At the hearing, any interested pemon may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of June, 1999. Terrenca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adopt]on of the Resolu~on. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 282-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Storm Damage Repair of Washington and Valley Streets 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 Re.qu ar Session, Jun~ 7i 1999 247 directed to advertise for bids for the constructon 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 Jess than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 16th day of June, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final acfion at 7:00 p.m. on the 21st day of June, 1999. Passed, adopted and approved this 7th dayof June, 1999. Terrance M. Duggan, Mayor Attest. MaryA. Davis, City Clerk Michalski moved adoption of the Resolston. Seconded by BuoL Motion carried 7-0. City Manager submitting documents providing for construction of Inatal[ston of public sidewalks on John F. Kennedy Road from Asbury Road to Spring Valley, presented and read. Markham moved that the communicston be received and flied. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 283-99 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, specificstons, form of contract and estimated cost for the 1999 Sidewalk Assessments - John F. Kennedy Road from Asbury Road to Spdng Valley, in the estimated amount of $141,566.46, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor At,eat: Ma~yA. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by BuoJ. Motion carried 7-0. RESOLUTION NO. 284-99 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 1999 Sidewalk Assessments - John F. Kennedy Road from Asbury Road to Spring Valley. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a public headng will be held at 7:00 p.m. in the Public Ubrary Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulston in the City of Dubuque, iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Markham moved adoption of the Resorution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO, 285-99 RESOLUTION OF NECESSITY Whereas, proposed plans have been du~' prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specificafions, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuafion of each lot as filed by the City Counm'i, for the 1999 Sidewalk Assessments - John F. Kennedy Road from Asbury Road to Spring Valley. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public 248 Regular Session, June 7, 1999 we~are to make the herein menfioned impro,)ements, and unless property owners at the ~me of the final consideration of this proposed resolulion have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and speci~cafions which have been approved by the Cb Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed padJally or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The poFdon of the cost which shall be borne by the City will be paid from Special Assessments and General Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of June, 1999. Approved and placed on file for final ac~on. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Markham moved adoplion of the Rssolution. Seconded by Budi. Motion carried 7-0. RESOLUTION NO, 286-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1999. Sidewalk Assessments - John F, Kennedy Road from Asbury Road to Spring Valley, and, Whereas, the proposed Resolufion of Necess~ for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of properly subject to assessment for the proposed Improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general ciroula~on in the City of Dubuque, Iowa, which notice shall be published once each week for two consecut~,e weeks, the frst publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the tinal consideration of this proposed resolu~on have on file with the CH Clerk object~ons to the Resolution of Necess~ they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 287-99 RESOLUTION APPROVING PRE- LIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, 1OWA: That the attached sheets, 1 to 2 inclusive, are hereby determined to be the schedule of proposed assessments Reqular Sessionl June 7~ 1999 for the 1999 Sidewalk. Assessments - John F. Kennedy Road from Asbury Road to Spdng Valley and the valuations set out herein are hereby approved. Passed, approved and adopted this 7th day of June, 1999. Terranca M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Markham moved adoption of the Resolu~on. Seconded by Buol. Motion carded 7-0. City Manager subm~ng documents providing for constru~on of Adams Addition Sanitary Sewer Extension on Rockdale Road, presented and read. Michalski moved that the communication be received and tiled. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 288-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plaes, specifications, form of contract and estimated cost for the Adams Additon Sanitary Sewer Extension on Rockdale Road, in the estimated amount of $82,998.35 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA~ Davis, City Clerk Michalski moved adoption of the Resslu~on. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 289-99 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 C~ Clerk for public inspection of the Adams Addition Sanitary Sewer Extension on Rockdale Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: 24_9 That on the 6th day of July, 1999, a )ublic headng 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 specitcations, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng 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 pdor to the day tixed for its consideration. At the headng, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 290-99 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, farm of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valua~on of each lot as filed by the City Council, for the Adams Additon Sanitary Sewer Extension on Rockdale Road. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property ownem at the time of the final consideration of this pmposed resolution have on file with the City Clerk objections to the rssolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Regular Session, June 7, 1999 Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the Cb Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property ~ng with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the speciel benetits conferred. The portion of the cost which shall be borne by the City will be paid from the San[taP/Sewer Extensions for New Development Projects - Fiscal Year 2000 and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file v~h the City Clerk this 7th day of June, 1999. Approved and placed on file for final action. Torrance M. Duggan, Mayor Attest; MaP/A. Davis, Cb Clerk MichelskJ moved adoption of the Resolution. Seconded by Buol Motion carded 7-0. RESOLUTION NO. 291-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given [ts preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the Cb Clerk for public inspection, for the Adams AddiSon Sanitary Sewer Extension on Rockdele Road, and, Whereas, the proposed Resolution of Necess~ for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at !which time the owners of properly subject to assessment for the proposed ~mprovement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of fime and place of such hearing to be published in a 0ewspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecufive weeks, the first publication of which shall be not less than ten days )riot to the- day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Ma~y A: Davis, City Clerk Michalski moved adop~on of the Reselu'don. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 292-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Adams Addition San[tap/Sewer Extension on Rackdale Road and the velua~ons set out herein are hereby approved. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest; Map/A. Davis, C[tyClerk MichalskJ moved adoption of the Resel~on. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 293-99 ORDERING BIDS Reqular Session~ ,June 7; 1999 251 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Adams Add~on Sanitary Sewer Extension on Rockdale Road 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 new~paper having general circulation in the City of Dubuque, iowa, which notice shall not be less than four days nor more than forty-t'Ne days prior to the receipt of said bids at 2:00 p.m. on th e 23th day of June, 1999. 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 6th day of July, 1999. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager subm~ing documents providing for construction of Miller Road Sanitary Sewer Extension Project, presented and road. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 294-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed p~ans, specifica'dons, form of contract and estimated cost for the Miller Road Sanitary Sewer Extension Project, in the estimated amount of $77,113.20 are hereby approved and orderod flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buot moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 295-99 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, speci~cations, and form of contract and placed same on file Jn the office of the Cb Clerk for public inspection of the Miller Road Sanitary Sewer Extension Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a ~ublic headng will be held at 7;00 p.m. in the Public Ubrary Auditorium at which time interested persons may appear and be heard far or against the proposed plans and specifications, form of contract and cost of said imprevement~ and the City Clerk be and is hereby ~irected to cause a notice of fime and place of such headng 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 lwenty days pdor to the day fixed for its consideration. At the headng, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest MaryA: Davis, CityClerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 296-99 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and arc now on file in the office of City Clerk showing among other things the 252 Regular Session, June 7, 1999 plans,-specifications, farm of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Miter Road Sanitary Sewer Extension Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file w~th the City Clerk objections to the resolution of necessity, they shall be deemed to have waived ali objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file `Mth the City Clerk. That the cost and expense of making such improvement `Mli be assessed par~aliy or totally against privately owned property tying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City 'Mil be paid from the Sanitary Sewer Extensions for New Development Project and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor, The above resolution was introduced, agproved and ordered placed on file with the City Clerk this 7th day of June, 1999. Approved and placed on file for final action. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolufion. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 297-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Miller Road Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necess~ for said improvement has been introduced and ts now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE [T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a )ublic hearing 'MIl be held at 7:00 o'clock p.m. in the Public Library Auditorium in the C~ of Dubuque at which time the ownem of property subject to assessment for the proposed improvement or any other pemon having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot' or the final adoption of a resoIu'don of necessity and the City Clerk be and is hereby authored and 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 )ublished once each week for two consecutive weeks, the tirst publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived a{{ objections thereto. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo{ moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Re.qular Sessioni J~Jne 7; 1999 25'~ RESOLUTION NO. 298-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the attached sheets, I to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Miller Road Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest Ma~yA. Davis, CityClerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 29999 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Miller Road Sanitary Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secu~'ity 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 forby-five days prior to the receipt of said bids at 2:00 p.m. on the 23th day of June, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for tinal action at 7:00 p.m. on the 6th day of July, 1999. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Buol moved adoption of the rasolution. Seconded by Robbins. Motion carried 7-0. City Manager subm~ng documents providing for construction of USHA Park Grading, presented and read. Buol moved that the communication be received and tiled. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 300-99 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 USHA Park Grading, in the estimated amount of $107,959.66, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 301-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the Cb Counc~ of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on tile in the office of the City Clerk for public inspection of the USHA Park Grading. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, 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, form of contract and cost of said ~mpmvement, 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 cireulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day tixed for its Regular Session, June 7, 1999 consideration. At the hearing, any interested person may appear and objections to the proposed plans, specifications, contract, er estimated cost of the improvement. Passed, adopted and approved this 7th day of June, 1999. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 302-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CQUNCIL OF THE CITY OF DUBUQUE, iOWA: That the USHA Park Grading 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 impravements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 24th day of June, 1999. Bids shall be opened and read by the City Clerk~ at said time and wi[I be submitted to the Council for tinai action at 7:00 p.m. on the 6th day of July, 1999. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Budi moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager submitting documents providing for construction of William M. Black Steamboat Restoration Project - Phase I and II, presented and read. Michalski moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 303-99 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 VVilliam M. Black Steamboat Restoration Project - Phase ~, in the estimated amount of $95,617.00, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 304-99 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 tile in the off~ce of the City Clerk for public inspection of the William M. Black Steamboat Restoration Project- Phase I. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of Juh/, 1999, a public headng will be held at 7:00 p.m. in the Public Ubrary Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng 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 pdor to the day fixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, Reqular Sessioni June 7i 1999 255 specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 305-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the William M. Black Steamboat Restoration Project - Phase I is hereby ordered to be adve~sed for bids for constru~on. BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par[ of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constru~on of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 24th day of June, 1999. 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 6th day of July, 1999. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 306-99 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 William M. Slack Steamboat Restoration Project- Phase II, in the estimated amount of $63,425.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 307-99 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 tile in the office of the. City Clerk for public inspection of the William M. Black Steamboat Restoration Project - Phase IL NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a public headng wilt be held at 7:00 p.m. in the Public Library Audr~odum at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng 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 pdor to the day fixed for tis consideration. At the headng, any interested person may appear and file objections to the proposed plane, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. 256 Regular Session, June 7, 1999 .RESOLUTION NO. 308-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the William M. Black Steamboat Restoration Project- Phase 11 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 circula'don in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 24th day of June, 1999. Bids shall be opened and read by the City Clerk at said time and ,MIl be submitted to the Council for final action at 7:00 p:m. on the 6th day of July, 1999. Passed, adopted and approved this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalsld moved adoption of the Resolution. Seconded by Robbins. Mofion carried 7-0. City Manager recommending public hearing be set for June 21, 1999 to vacate an unused 8 foot ,Mde ~lity easement to Dubuque Initiatives, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried RESOLUTION NO. 309-99 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE A PORTION OF AN 8-FOOT WIDE UTILITY EASEMENT ON LOT 2 OF DUBUQUE INDUSTRIAL CENTER 12TH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque initiatives is the current owner of Lot 2 of Dubuque tndusttiai Center 12th Addition; and Whereas, an 8-foot ,Mde utility easement is currently platted on a portion of said lot;, and Whereas, Dubuque In~atives has petitioned to vacate a portion of the 8- foot ,Mde utility easement in said lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of an 8-foot,Mde utility easement over Lot 2 of Dubuque Industita[ Center 12th Addition in the City of Dubuque as shown on the attached Exhibit 'A'. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Secfion 364.7 Code of Iowa, 1989 or amended. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending public hearing be set for June 21, 1999 to consider vacation of a portion of 18- foot wide sanitary sewer easement as requested by Padre Plo Heath Care Center, Inc., presented and read. MichalskJ moved that the communication be received and filed. Seconded by Buol. Mofion carded 7-0. RESOLUTION NO. 310-99 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE A PORTION OF AN 18- FOOT WIDE SANITARY SEWER EASEMENT OVER LOT 1-1-3 OF STONE HILL COMMUNITY SUBDIVISION NO. 1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Padre Plo Health Care Center, Inc. is the current owner of Lot 1-1-3 of Stone Hill Community Subdivision No. 1; and Whereas, an 18-foot ,Mde sanitary sewer easement is currenfiy platted on Reqular Session, June 7~ 1999 257 said lot; and Whereas, llW Engineem & Surveyors, P.C. representing Padre Pio Health Care Center, Inc. has pe~oned to vacate a po~on of an 18-foot wide sanitary sewer easement in said lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate an 18-foot wide sanitary sewer easement over Lot 1-1-3 of Stone Hill Community Subdivision No. 1 in the City of Dubuque as shown on the attached Exhibit Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code of Iowa, 1989 or amended. Passed, approved and adopted this 7th day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalsld moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. City Manager subm~ng documents providing for construction of 1999 Curb Ramp Installation - CDBG, presented and read. Markham moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 311-99 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 es~matad cost for the 1999 Curb Ramp Installation - CDBG, in the estimated amount of $70,821.02, are hereby approved and ordered tiled in the office of the CAY Clerk for public inspection. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 312-99 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 1999 Curb Ramp Installation - CDBG. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, a )ublic 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 of contract and cost of said improvement, and the CAy 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 CAy of Dubuque, iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and objections to the proposed plans, specifications, contract, or e~matad cost of the improvement. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest MaryA. Davis, CAyClerk Markham moved adoption of the Resolution. Second6d by Buol. Motion carried 7-0. RESOLUTION NO. 313-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the 1999 Curb Ramp installation - CDBG 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 shalt conform to the ~rovisions of the notice to bidders hereby approved as a part of the plans and specitications heretofore adopted. That the CAy Clerk is hereby 258 Regular Session, June 7, 1999 directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 22nd day of June, 1999. Bids shali 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 6th day of July, 1999. Passed, adopted and approved this 7th day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Budi. Motion carded 7-0. Larry Langss requesting to pumhase the city lot adjacent to his property at 975 Thomas Place in the amount of $300.00 and C~ Manager recommending to set public hearing to dispose of said property, presented and read. Budi moved that the communications be received and flied. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 314-99 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN LOT 1 OF LOT 2 OF MINERAL LOT 470 IN THE CITY OF DUBUQUE TO LARRY M. LANGAS Whereas, the C~ of Dubuque ~s the current owner of Lot 1 of Lot 2 of Mineral Lot 470 in the City of Dubuque, Iowa; and Whereas, the adjacent property owner, Larry M. Langas, has perverted to purchase said property from the C~ 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 1 of Lot 2 of Mineral Lot 470 to Larry M. Langas. Section 2. That the conveyance of the City's interest shali be for the sum of $300.00 plus publication and filing fees and disposed of by quit claim deed. Section 3. That the City Cl~rk be and is hereby authorized and directed to cause a notice to be published as )rescribed under Section 364.7 Disposal of Property, Code of Iowa, 1997 or as amended. Passed, approved and adopted this 7th day of June, 1999. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Budi moved adoption of the Resolution and set headng for June 21, 1999. Seconded by Robbins. Motion carried 7-0. At 8:56 p.m. Markham moved to go into Clesed Session in accordance with Chapter 21.5 1.(j) State Code of Iowa, 1997 as amended, To discuss the ~urchase of paddcular mai estate where premature disdiosure could be reasonably expected to increase the )rice the governmental body wouJd have to pay fnr that property AND c} To discuss strategy with counsel mattem that are presen~y in Seconded by Michalski. Motion carried 7-0. At 9:23 Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Michalski movedto adjourn. Seconded by Buol. Motion carriedT-0. The meeting adjourned at 9:24 p.m. /s/Mary A. Davis CMC City Clerk Regular Sessioni June ~ t999 259 Gouncil Membors Attest: City Cler~/ 260 Regular Session, June 21, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, June 21, 1999 Council Met at 7:00 P.M., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van MilJigen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocafion was given by Rev. Greg Bjornstad, Chaplain of Luther Manor. MINUTES SUBMITTED: CMl Service of 5-5 & 5-18; Environmental Stewardship Advisory Commission of 5-4; Housing Commission Trust Fund Committee cf 5-27; Histodc Preservation Commission of 6-3; Park & Recreation Commission of 5-11 Zoning Advisory Commission of 6°2; Zoning Board of Adjustment of 6-27, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 7-0. Finance Director subm~ng Financial report for month ending 5-31- 99, presented and read. Budi moved that the communication and report be received and tiled. Seconded by Nicholson. Motion cardedT-0. Proofs of publication certified to by the Publisher on publishing List of Claims & Summary of Revenues for month ending Apdl, 1999; and published Council proceedings for meeting of 5-17, presented and read. Budi moved that the proofs be received and filed. Seconded by Nicholson. Motion carded 7-0. NOTICE OF CLAIMS/SUiTS: Wendy Aitchison, mother of Mark Aitchison, in unknown amount for personal injudes; Dave & Mary Corpstein in amount of $10,000. for backed up sewer damages; John & Loretta Davis in amount of $3500.00 for backed up sewer damages; Kathleen M. Doty in amount of $300.00 for personal belongings loss; John Kass in est. amt. of $994..00 for backed up sewer damages; Grog & Lynn LeBlanc in amount of $160.00 for property damages; Eugene Neilson in amount of $1985.00 for vehidie damages; Keith Olds in est~ amt. of $1,000 to $1,500 for medical bills and personal injuries; Randy Post in amount of $2,210.09 for vehicle damages; Jeffrey Roan in amt. of $1,979.00 for backed up sewer damages; Roger's Auto Salvage in amount of $637,000 for flood damages; William Rouse in unknown amount for' flood waters in basement; Gerald & Joyce Schissel in the amount of $250.00 for reimbursement of deductible amount on insurance for backed up sewer damages; Roger Slattery in amount of $290.00 for backed up sewer damages; Jodi & Jeremy Stuart in amount of $700.00 for backed up sewer damages, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Nicholson. Motion carded 7-0. Zoning Advisory Commission advising of their approval to grant University of Dubuque extension of time limit to June 20, 2000 for PR Planned Residentisi Conceptual Development Plan, presented and read. Budi moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of Agreement Amendment for recycling processing and marketing services contract with Browning Fords industries, presented and read. Budi moved that the communicafion be received and filed. Seconded by Nicholeon. Motion carded 7-0. RESOLUTION NO. 315-99 A RESOLUTION AUTHORIZING THE THIRD AMENDMENT TO CITY OF DUBUQUE, IOWA AGREEMENT FOR THE PROCESSING AND MARKETING OF RECYCLABLES WHEREAS, On May 1, 1995, the City of Dubuque, Iowa (City) and Browning Fords Industhes of Iowa, Inc. Contractor) entered into the City of Dubuque, Iowa Agreement for the Reqular Session, June 21i 1999 26! Processing and Marketing of Recyclables (Agreement); and WHEREAS, City and Contractor have amended Agreement by the First Amendment, effective July 1, 1996, and the Second Amendment, effective Apdl 6, 1998; and WHEREAS, City and Contractor now desire to amend Agreement further. NOW, THEREFORE, BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Third Amendment to the City of Dubuque, Iowa Agreement for the Processing and Marketing of Recyclables, a copy of which is attached hereto, is hereby approved, and the City Manager is hereby authorized and directed to sign the Third Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 21et day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. June 10, 1999 Honorable Mayor and Members of the City Council . In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted a written promotional examination on May 15, 1999 for the position of POLICE CAPTAIN in the Police Department. We hereby certtry that the following members of the Police Department have passed this written promotion examination and promotion for this position should be made from this list. POLICE CAPTAIN Robert Flannery Scott Crabill Cory Sommer Terrence Tobin Jeffrey Piliard John Stevens James Lembke Robert Pdne Nail Weiss Respectfully submitted, Mede J. Duehr, Jr., Chairperson Loras J. Kluesner Civil Service Commission June 10, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted a written promotional examination on May 18, 1999 for the position of POLICE CORPORAL in the Police Department. We hereby certify that the following members of the Police Department have passed this written promotional examination and promotion for this position should be made from this list POLICE CORPORAL Steven Eastvedt Mark Dalsing Michael Kane Michael Schmit David Randall Dwaine Pdne Steven Radloff Forrest Trausch Terry Ddscoll Shana O'Brien Respectfully submitted, Mede J. Duehr, Jr., Chairperson Loras J. I-0uesner Civil Service Commission June 10, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the Civil Service Commission conducted a written promotiona~ examination on May 24, 1999 for the posi~on of POLICE LIEUTENANT in the Police Department. We hereby cer'dfy that the following members of the Police Department have passed this written promotion examination and promotion for this position should be made from this list. POLICE LIEUTENANT Edc Schneider Forrest Treusch Shane O'Bden Dan Avenadus Thomas Parker Thomas Schaefer Robert Flannery Mark Dalsing Jeremy Jansen Steven Eastvedt James Lembke Respectfully submitted, Mede J. Duehr, Jr., Chairperson Loras J. Kluesner CMl Service Commission Buol moved that the above Civil Service cer~cations be made a matter of record. Seconded by Nicho[son. Motion carded 7-0. Janet Marxen ao¥ising of her withdrawal to be considered for !appointment to the Library Board, :resented and read. Buol moved that the communication be received and filed and resignation accepted with regret. Seconded by Nicholson. Motion carded 7-0. Zoning Advisory Commission advising of their approval of plat of )ortion of Dubuque Industrial Center, 12th Addition, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 262 Regular Session, June 21, 1999 RESOLUTION NO. 316-99 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1-3 OF DUBUQUE INDUSTRIAL CENTER, "12TH 'ADDITION,' IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lot 1-3 of Dubuque Industrial Center, 12th Addition, in the City of Dubuque, Iowa; and Whereas, said survey plat has been examined by the .Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thattheplatofsurveyof Lot 1-3 of Dubuque Industrial Center, 12th Addition, is hereby approved and the Mayor and City Clerk are hereby author, ed and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 21st day of June, 1999. Terrence M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. City Manager recommending approval of amendment to Local Housing Assistance Program Contract, presented and read. Budi moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 317-99 A RESOLUTION AUTHORIZING A REQUEST FOR CONTRACT AMENDMENT TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, UNDER THE LOCAL HOUSING ASSISTANCE PROGRAM Whereas, the City of Dubuque has received a Local Housing Assistance Program (LHAP) award to promote homeownership opportun~es for moderate-income families; and Whereas, to promote parficipation by additional families in this program, it is proposed that the target area for eligible homes be expanded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For existing contract No. 97-LHAP-003, the target area for eligible homes is proposed for expansion to include all Census tracts with median incomes less than 80% of area median income. Section 2. The contract expiration date for this grant is proposed to be extended an additional six months, to August 2000. Section 3. The Mayor is hereby authorized to execute this resolution for submission to the Iowa Department of Economic Development. Passed, approved and adopted this 21st day of June, 1999. Terranca M. Duggan, Mayor Attest: Ma~y A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoisen. Motion carded 7-0. City Manager recommending acceptance of Construction of Six Bay Garage Project, presented and read. Buol moved that the communicafion be received and filed. Seconded by Nicholson. Mofion carded 7-0. RESOLUTION NO. 318-99 ACCEPTING IMPROVEMENT WHEREAS, the contract for the CONSTRUCTION OF A SIX-BAY GARAGE 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 recommendafion of the City Manager be approved and that said ~mprovement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and is hereby directed to pay to the contractor from the Generel Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21 st day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carded 7-0. Reqular Sessioni June 21i 1999 26g RESOLUTION NO. 319-99 FINAL ESTIMATE WHEREAS, the contract for the CONSTRUCTION OF A SIX-BAY GARAGE PROJECT -has- ' been completed and the Engineer has submitted his final esfimata showing the cost thereof ineluding 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 $87,814.23 and the said amount shell be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest Mary A. Oav~s, City Clerk Buol moved adoption of the resolution. Seconded by Nichdison. Motion carded 7-0. Terrence, Martin, Linda and W~lfred Bahl General Partner of Wiffred R. Bahl Fam~ Limited Partnership advising their preference to have their property annexed into the Cb of Dubuque and City Manager subm~ng comments regarding voluntary and Non- Consenting Annexation Request made by City of Asbury to City Development Board, presented and read. Budi moved that the communications be received and filed. Seconded by Niche[son. Motion carried 7-0. Copy of communication of City Manager to City of Asbury Mayor, requesting that the City of Asbu~' not approve annexation proposal for land east of Heacock Road, presented and read. Budi moved 'that the communication be received and filed and approved request. Seconded by Nicholsrm. Motion carried 7-0, FIVE FLAGS CHILLER EQUIPMENT Resdiufion No. 239-99, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of June, 1999. WHEREAS, said sealed proposals were opened and read on the 14th day of June, 1999, and it has been determined that the bid of TEMPERATURE SYSTEMS, INC. in the amount of $53,330 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 ~mprovement be awarded to TEMPERATURE SYSTEMS, INC, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the comp[eta )f the work. BE IT FURTHER RESOLVED: That upon the elgning of said contrast and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful biddem. Passed, approved and adopted this 21st day of June, 1999. Terrance M. Duggan, Mayor At,est MaryA. Davis, City Clerk Budi moved that the communication be received and flied. Seconded by Nichelsen. Motion carried 7-0. Proof of publication cerI~ed to by the Publisher on Notice to Bidders on Receipt of Bids for 1999 Concrete Paving Project No. 2 and City Manager recommending to award contract, presented and read. Buol moved that the proof and communication be received and fled. Seconded by Nichoison. Motion carried 7-0. Proof of publication cedffied to by the Publisher on Notice to Bidders on the Receipt of Bids for Five Flags Chiller Equipment and City Manager recommending to award contract for project, presented and read. Budi moved that the proof and communication be received and filed, Seconded by Nichdison. Motion carded 7-0, RESOLUTION NO. 320-99 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the RESOLUTION NO. 321-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 1999 P.C. Concrete Paving Project - No. 2 pursuant to Resdi~on No. 217- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 14th day of May, 1999. Whereas, said sealed proposals were opened and read on the 15th day of June, 1999, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the Regular Session, June 21, 1999 amount of $755,958.68 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 impmvament be awarded to Tschiggffle Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful biddem. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buel moved adoption of the resolution. Seconded by Nichelson. Motion carded 7-0. City Manager advising that Rober~ KJauer has been granted an extension from June 6, 1999 to July 30, 1999 to complete earth work on site restoration at 1105 Ju~ien Dubuque Dr., presented and read. MichalskJ moved to grant the extension to July 6, 1999. Seconded by Nichoison. Motion carded 7-0. C~ Manager recommending approval of Consortum Agreement between City and Dubuque County for purposes of en~ement eligibility for HOME Program Funds, presented and read. Buol moved that the communication be received and flied. Seconded by N[choison. Motion carded 7-0. RESOLUTION NO. 322-99 RESOLUTION APPROVING AND AUTHOR[ZING THE EXECUTION OF A HOME INVESTMENT PARTNERSHIP PROGRAM CONSORTIUM AGREEMENT BETWEEN THE CITY OF DUBUQUE, DUBUQUE COUNTY AND OTHER MUNICIPAL GOVERNMENTS LOCATED WITHIN DUBUQUE COUNTY. Whereas, pumuard to the Cranston- Gonzales National Affordable Housing Act, the City of Dubuque is required to enter into an agreement and consortium with other local govammenfal units in order to access availabre HOME Program funds; and Whereas, a HOME Investment Partnership Intergovernmental Agreement between the City of Dubuque, Dubuque County and other partcipatJng municipal govamments within Dubuque County, craating a consortium under the National Affordable Housing Act, a copy of which agreement is attached hereto and by this reference incorporated herein, has been prepared and should be approved as to form and content; and Whereas, the City of Dubuque/Dubuque County HOME Program Consortum will identify local housing needs, problems and issues concerning the lack of affordable housing and develop strategies to alleviate the same; and Whereas, the C~ of Dubuque is legally capable of entedng into said HOME Consortium Agreement in order to quar~ for funds allocated for affordable housing programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque/Dubuque County HOME Consortum Cooperation Agreement is hereby approved for the purpose of partcipation in the HOME Investment Partnership Program. Section 2. That the Mayor is authorized and directed to execute this Agreement on behalf of the City of Dubuque. Section 3. That the City Clerk is hereby authorized and directed to forward said Agreement in a timely fashion and as required by the US Department of Housing and Urban Development and to file the Agreement with the Iowa Secretary of State, Iowa Attorney General and the Dubuque County Recorder, whereupon such Agreement shall take effect. Passed, approved and adopted this 21 st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of Purchase of Service Agreement with Humane Society through 6-30-2000 and Mayor be authorized to execute, presented and read. Buol moved that the communication be received and tiled ReqularSession, June 2111999 and approved recommendation. Seconded by Nichoison. Motion carded 7-0. IDOT - submitfing their .-Highway Planning & Programming Guidance, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Mofion carded 7-0. C~ Manager recommending approval of terms of bargaining agreement with Amalgamatad Transit Unio0, presented and read. Buol moved that the communicafion be received and filed and approved recommendafion. Seconded by Nicholson. Mofion carited 7-0. RESOLUTION NO. 323-99 APPROVING THE AGREEMENT BETWEEN THE cFrY OF DUBUQUE, IOWA AND THE AMALGAMATED TRANSIT UNION, LOCAL #329, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-F~h General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa' and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act;, and Whereas, the Amalgamated Transit Union, Local ';?329, is an employee organization within the meaning of Sedan 3 (4) of the Public Employment Relations Act; and Whereas, the Amalgamated Transit Union, Local #329, submitted a request to bargain collectively on behalf of the employees within its representafion; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nloholson. Motion carited 7-0. City Manager recommending submission of an application to IDED for Local Housing Assistance Program (LHAP) in amount of $500,000, presented and read. Buol moved that the communication be received and filed. Seconded by Nlohoison. Motion carried 7-0. RESOLUTI(~N NO. 324-99 A RESOLUTION AUTHORIZING AN APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR LOCAL HOUSING ASSISTANCE PROGRAMS FUNDS Whereas, the Iowa Department of Economic Development has published notice of avaiisbliity of funds under the Local Housing Assistance Program (LHAP); and Whereas, the Department of Economic Development is encouraging municipalities to promote housing assistance programs which address unmet needs; and Whereas, the Housing Trust Fund Committee and Housing Commission have determined that there exist in the City of Dubuque critical and continuing housing needs, including provision of addi~onal transFdonal housing for women and children and for single room occupancy (SRO} facli~es for men and women. Whereas, these findings are consistent with the City's 1995-2000 Consolidated Plan for Housing and Community Development NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA. Section 1. The Mayor is hereby authorized to execute this resolution in support cf an application to the Department of Economic Development for Local Housing Assistance Program funds, to capitalize the Housing Trust Fund. Section 2. A $25 000 matching grant is committed in support of this application using the existing Housing Trust Fund CDBG allocation. Section 3. This rasalotion shsil take effect im mediata~y. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Buol moved adoption of the Resol~on. Seconded by Nichoison. Mofion carited 7-0. City Manager recommending acceptance of First Street and Locust Street Intersection Project, presented and read. Bucl moved that the 266 Regular Session, June 21, 1999 communication be received and filed. Seconded by Nicholson. Motion carded · RESOLUTION NO. 325-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Reconstruction of First Street and Locust Street Intersection has been completed and the C~ Manager has examined the work and filed his cert~cate 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. Thatthe recommendation of the CRy Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the CRy Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21 st day of June, 1999. Torrance M. Duggan, Mayor Attesl: MaryA. Davis, C~Clerk Buol moved adoption of the resoiu~n. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 326-99 FINAL ESTIMATE Whereas, the contract for the Reconstruction of First Street and Locust Street Intersection has been complsted and the CRy Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous coats; 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 $50,359.70 and the said amount sharl be paid from the StJ'eet Construction Fund of the City of Dubuque, iowa. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. CRY Manager recommending acceptance of Public Improvements in Key Gate Center #3, presented and read. Buol moved that the communication be received and filed. Seconded by Nichdison. Motion carried 7-0. RESOLUTION NO. 327-99 ACCEPTING IMPROVEMENTS IN KEY GATE CENTER NO. 3 Whereas, pursuant to Resolution Nos. 329-95, 81-96, and 308-96 certain Improvements including street paving, storm sewers, sanitary sewers and watermain and street lighting were installed by the developer of Key Gate Center No. 3; and Whereas, the improvements have been completed and the CRY Manager has examined the work and has filed a cer~cate stating that the same has been completed in accordance with the plans approved by the CRy Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE 'IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~on 1. That the recommendation of the Cb Manager be approved and that said improvements in Key Gate Center No. 3 be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the rssponsibii~y of the contractor and owner for a pedod of two years from this date. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the Reeclution. Seconded by Nicholson. Motion carded 7-0. C~y Manager recommending execution of grant agreement with HUD for use of Federal Funds for Fiscal Year 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded7-O. RESOLUTION NO. 328-99 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Reqular Session, June 21; 1999 267 Whereas, under provisions of Tite of Housing and Community Development Act of 1974, as amended, the Cb of Dubuque prepared and submitted an Annua Action Plan for a Community Development Block Grant; and Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,419,000 for a twelve month program year commencing July 1, 1999 and ending June 30, 2000; and Whereas, a grant agreement covedng the activities proposed to be carried out with the Community Development Block Grant funds has been transm~ed to the City of Dubuque by the U. S. Department of Housing and Urban Development.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding AppmvaVAgraement, authorized by the U.S. Department of Housing and Urban Development on July 1, 1999 for a Commun~ Development Block Grant to the City of Dubuque in the amount of $1,419,000 and identified as Grant Number B-99-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 21 day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA~ Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Cb Manager recommending endomement of the waste delivery contract tendered by the Dubuque Mstrepolitan A?ea Solid Waste Agency, presented and read. Buol moved that the communication be received and flied and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager recommending name change of Mercantile Bank of Eastern Iowa to Mercantile Bank Midwest be approved as a depository for the City, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 329-99 RESOLUTION NAMING DEPOSITORIES RESOLVED, that the City Council of the City of Dubuque, Iowa, fn Dubuque County, iowa, approves the following list of financial institutions to be depositodes of the City of Dubuque, Iowa funds in conformance with all applicable provisions of Iowa code Chapter 453.2. The City Treasurer is hereby authoitzed to deposit the City of Dubuque, Iowa funds in amounts nctto exceed the maximum approved for each respective financial institution as set out below. I. OCATION OF HOME OFFICF MAXIMUM BALANC..F American Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 Mercantile Bank Midwest Des Moines, Iowa $40,000,000 Firstar Bank Iowa NA Des Meines, Iowa $10,000,000 Dupaco Community Credit Union Dubuque, Iowa $10,000,000 Premier Bank Dubuque, Iowa $10,000,000 CERTIFICATION: I hereby certJty that the foregoing is a true and correct copy of a resolution of the City Council of Dubuque, Iowa adopted at a meeting of said public body, duly called and held on the 21st day of June, 1999, a quorum being present, as said resolution remains a record in the minutes of said meeting, and it is now in full force and effect. Dated this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending accepting of deed for Merchants Hotel property, presented and read. Buol moved that the communication be received and ~led. Seconded by Nicholson. Mo~on carried 7-0. REsOLuTION NO. 330-99 RESOLUTION ACCEPTING CONVEYANCE OF CERTAIN REAL ESTATE LOCATED IN THE CITY OF DUBUQUE, IOWA, COUNTY OF DUBUQUE Whereas, the City has entered into a Purchase Agreement for the purchase of the following-described property 268 Regular Session, June 21, 1999 located in the City of Dubuque, Iowa: Lot 9 in the City of Dubuque, iowa, according to the United States Commissioners' Map of the Town of Dubuque, iowa. * . from the estate of W~lliam N. Hos, Deceased; and Whereas, all of the conditions of the Purchase Agreement have been met and Daniel J. Buelow, Executor of the Estate of William N. Hos, Deceased, has delivered a Court Officer Deed a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby accepts the Couri: Officer Deed from the Estate of William N. Hos, Deceased, a copy of which is attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Court Officer Deed ~ the Dubuque County Recorder, as provided in Iowa Code Sec. 569.7. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest; MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of Street Tree & Landscaping on Public right-of-way policy, presented and read. Buol moved that the communication be received and filed and approved recommendafion. Seconded by Nicholson. Motion ca.ed 7-0. RESOLUTION NO. 331-99 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having compiled 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. 12 RENEWALS B'Z Dart Inn Bernice Bauer 431 Rhomberg Ave Diamond Jo Casino Greater DBQ Develop, 400 E 3rd St Diamond Jo Casino Peninsula Gaming Co, 400 E 3rd St Dubuque Golf & Count~' CIb Dubuque Go~flCountry Clb 1800 Randell PI Dubuque Mining Com. Apt. Ltd Corp 555 JFK Rd (Mall) Lucky 13 Tap Noonan's Tap Oky Ooky #21 PauJ's Tavern Silver Dollar Liquor Depot of Dubuque Express Depot Inc. 1620 JFK Rd Lounge Phillip Love 481 Locust St Dave Erickson 385 E 13th St Mary Lou Kamp 1618 Central Ave Trans Miss 2010 Kerper BIvd Thomas Koch 176 Locust St MM&H 42 Main St Passed, approved and adopted this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Buol moved adop~on of the reselu~on. Seconded by Nichelson. Motion carried 7-0. RESOLUTION NO. 332-99 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 w~h the Ordinances of this Cb and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be author[zed to cause to be issued the following named applicants a Beer Permit CLASS 'B" BEER PERMIT Prospect Pi,~a LTD Pizza Hut +(Sunday Sale) 320 E 20th St Prospect Pizza LTD Pizza Hut +(Sunday Sale) 2075 JFK Rd Dubuque Jaycees Dubuque Jaycees +(Outdoor Sale) Town Clock Plaza (July, August, September Tent A,B,C) CLASS "C" BEER PERMIT Hy-Vee Inc Hy-Vee +(Sunday Sale) 3500 Dodge ST Passed, approved and adopted this 21st day June, 1999 Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 333-99 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 Reqular Session, June 21, 1999 occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have tiled 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 Ethel Schwartz AJrpor~ +(Sunday Sale) 574 E 16th St Thomas Koch Pauls Tavern +(Sunday Sale) 176 Locust St DBQ Amedcan Legion Amedcan Legion Post #6+(Sunday Sale) 1306 Delhi St Pamela Murphy Murph's South End Tap 55 Locust St James Ferdng Dubuque Lanes 1029 Main St Jymie M Lyons Jym's Bar +(Sunday Ssie) 1700 Central Ave Nadine Bergi One Flight Up (Outdoor Sa[e} 44 Main St Apsdment Ltd Dubuque Mining Co. (Outdoor Sale) 555 JFK Rd Duke's Place ]nc Duke' s Place (Outdoor Sale) 2600 Dodge St CLASS "B"0NB) WiNE PERMIT Crea~ve Touch Gsilery Cch La 3460 Hlilcrest Rd Hy-Vee Hy-Vee+ (Sunday Ssie) 3500 Dodge St Passed, approved and adopted this 21st day of June, 1999. Terranca M. Duggan, Mayor Attest Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS & COMMISSIONS: Individuals ate invited to address the Council to express their desire to serve on vadous Boards or Commissions: HISTORIC PRESERVATION COMMISSION: Applicants: Old Main: Duaine Greenfield. No one spoke. LIBRARY BOARD: Applicants: Thomas G. Goodman & Kevin Lynch. No one spoke. LONG RANGE PLANNING COMM. Stephen D. Cooper, Anna O'Shea, Michael E. Portzen, & David W. Rusk. Stephen Cooper & David Rusk both spoke. PARK & RECREATION COMMISSION: Applicants: Tom Blocklinger, Chuck Duggan, Thomas Schrobilgen, Lynn Sheets, Rober[ 269 Timmerman. No onespoke. TV Cable Regulatory Commission: Applicant: Waiter Webster. No one spoke. TV Cable Teleprogramming Commission: Applicants: Anthony AJlen and Dave Wanamaker. No one spoke. Zoning Advisory Commission: - Applicants; Martha E. Christ, Rober[ W. Nagle, Cad Scherbring, Richard Schlitz, Ron Smith. Mar[ha Christ, Richard Schi~ and Ron Smith all spoke. MichalskJ moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Asbestos Removsi and Demolition and Site Clearance of the Merchants Hotel, and City Manager subm~ng various options regarding project by recommending approval of bids received for mmovsi of asbestos and demolition of Memhants Hotel, and Terry Mozena reques'dng extension of deadline for 90 days; presented and read. Michalski moved that the proofs and communications be received and tiled. Seconded by Nicholson. Motion carried 7-0. Joe Ungs, 486 Clarke Dr., Char~ie Glab, 604 English Lane, Jerry Enzler, 1921 Simpson St., Jeff Bertsch, 1040 Pdnce Phillip Dr., and John Gronen, 1766 Plymouth Ct., all spoke requesting time for salvaging the building. Ed Tschiggfrie spoke stating he is willing to hold his demolition bid price for two weeks. RESOLUTION NO. 334-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of May, 1999, plans, specifications, form of contrast and es~mated cost were filed with the City Clerk of Dubuque, Iowa for the Merchants Hotel Building (304- 326 Main Street) Asbestos Abatement Project Whereas, notice of hea~ng on plans, specifications, form of conffact and estimated cost was published as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 270 Regular Session, June 21, 1999 That the said plans, specifications, form of cpntract 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 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalsld moved adoption of the Resolution. Seconded b~/Nicholson. Motion carried 7-0. RESOLUTION NO.'335-99 RESOLUTION AWARDING CONTRACT FOR MERCHANTS HOTEL BUILDING (304-326 MAIN STREET) ASBESTOS ABATEMENT PROJECT. Whereas, sealed proposals have been submitted by contractors for the Merchants Hotel Building (304-326 Main Street) Asbestos Abatement Project pursuant to Resolution No. 244- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 1st day of June, 1999. Whereas, said sealed proposals were opened and read on the 15th day of June, 1999 and it has been determined that the bid of Environmental. Management Services of Iowa, Inc. of Dubuque, Iowa in the amount of $19,700 was the lowest bid for the furnishings of all labor and matarials 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: Section 1. Thatthe contract forthe above improvement be awarded to Envirenmental Management Services of Iowa, Inc. and the City Manager be and is hereby directed to execute a contract on behaJf of the City of Dubuque for the complete pe#ormance of the work. Section 2. That upon the signing of said contract and the approval of the contractor's bood, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved-and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Nichoison moved to table to the Council Meeting of July 6, 1999 the Resolution Awarding Contract for Demolition & Site Clearance for Merchants Hotel Building to Tschiggfrie Excavating Co. in the amount of $244,140.00. Carried by the following motion: Ayes--Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Nays--Duggan. Proofs of publication ced~ed to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Storm Damage Repair of Washington and Valley Streets and City Manager recommending to award contract for project, presented and read[ Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 336-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of June, 1999, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the Storm Damage Repair of Washington and Valley Streets. Whereas, notice of hearing on plans, specifications, form of contract, and es~mated . 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 es~mated cost for said improvements for said project. Passed, adopted and approved this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 337-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Storm Damage Repair of Washington and Valley Streets pursuant ta Resolution No. 282-99 and notice to bidders published in a newspaper ~ublished in the C~ of Dubuque, Iowa on the 11th day of June, 1999. Reqular Session, June 21, 1999 271 Whereas, said sealed proposals were opened and read on the 16th day of June, 1999, and it has been determined that the bid of River Paving, Division of Mathy Construction, of Kieler, Wisconsin, in the amount of $123,681.50 was the lowest bid for the furnishings of al~ labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIl OF THE CITY OF DUBUQUE, IOWA; That the contract for the above improvement be awarded to River Paving, Division of Mathy Construction, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per¢ormance 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 depos'~ of the unsuccessful bidders. Passed, approved and adopted this 21st day sf June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resdiution. Seconded by Robblns. Motion carded 7-0. Proof of publ~cafion certified to by the Publisher on Nofice of Public Headng to consider ralease of liens on properb/ located in FDL Second Addition and City Manager recommending to approve release of liens, presented and read. Voetberg moved that the proof and communicafion be received and filed. Seconded by Robblns. Motion carded 7-0. RESOLUTION NO. 338-99 RESOLUTION AUTHORIZING PARTIAL RELEASE OF REAL ESTATE MORTGAGE AND FINANCING STATEMENTS AS TO LOT 2 OF FDL SECOND ADDITION TO THE CITY OF DUBUQUE, IOWA. Whereas, pursuant to Resdiufion and published nofice of time and place of headng, the City Council of the City of Dubuque, Iowa, met on June 21, 1999, to consider the proposal to dispose of interests in certain real estate by executing a Partial Reisase of Real Estate Mortgage filed December 9, 1982, as Instrument No. 6742-82, a Financing Statement filed December 9, 1982, as Instrument No. 6743~82, and a Financing Statement filed September 27, 1996, as ~lnstrument No. 11483-96.as to the following described real estate located in the City of Dubuque, Iowa: Lot 2 of FDL Second AddiSon to the City of Dubuque, Iowa; according to the recorded plat thereof, and Whereas, the City Council overruled any and all objections, oral or written, to dispose of interests of the City of Dubuque, iowa, in the hereinabove real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the Partial Release of Real Estate Mortgage attached hereto is hereby approved. Section 2. That UCC.,-4 Partial Releases of Financing Statements attached hereto is hereby approved. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Partial Release of Real Estate Mortgage and UCC-4 Partial Releases. Section 4. That the City Clerk is hereby author[zed and directed to have a copy of the executed Release of Real Estate Mortgage and UCC-.4 Partial Releases and a certfied copy of this Resolution recorded in the Office of the Dubuque County Recorder. Passed, adopted and approved this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by Robbins. Motion carded 7-0. Proof of publication certified to by the Publisher on Notice of Public 'Headng to consider disposing of property in Stone Hill Community Subdivision No. I and City Manager recommending to proceed with disposal, presented and read. Voetberg moved that the proof and communication be received and filed. Seconded by Robblns. Motion carded 7-0. RESOLUTION NO. 339-99 Whereas, pursuant to resdiufion and published notice of time and place of headng, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 11th day of June, 1999, the City Council of the City of 272 Regular Session, June 21, 1999 Dubuque, Iowa met on the 21st day of June, '1999, at 7;00 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: An 18-Foot Wide Sanitary Sewer Easement on Lot 1-1-3 of Stone Hill Community Subdivision No. I in the City of Dubuque, Iowa, as Shown on the Attached Exhibit 'D" Whereas, the City Council of the City of Dubuque, Iowa overraled any and all objecfions, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. 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 an 18-foot wide sanitary sewer easement on Lot 1-1-3 of Stone Hlil Community Subdivision No. 1 in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be author[zed and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Padre Pie Health Care Center, Inc., upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a cert~ed copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adop~on of the Resolufion. Seconded by Robbies. Motion carded 7-0. Proof of publication ced~ed to by the Publisher on Notice of Public Hearing to consider disposing of property in Dubuque Industrial Center 12th Addition and City Manager recommending to proceed with disposal, presented and read.. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Mofion carded 7-0. RESOLUTION NO. 340-99 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 11t,h day of June, 1999, the Cb Council of the City of' Dubuque, Iowa met on the 21st day of June, 1999, at 7:00 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: An 8-Foot Wide Utility Easement on Lot 2 of Dubuque Industrial Center 12th Addition in the City of Dubuque, Iowa, as Shown on the Attached Exhibit 'A" Whereas, the City Council of the Cb of Dubuque, Iowa overruled any and all objecfions, oral or wdtten to the proposal to dispose of interest of the Cry of Dubuque, Iowa, in the hereinabova described real estate. 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 an 8-foot wide utility easement on Lot 2 of Dubuque Industrial Center 12th Addition in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and tiling fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the Cb Clerk be and is hereby authorized and directed to deliver said Release to Dubuque Initiates upon receipt of the above fees. 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 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Robbins moved adopfion of the resolution. Seconded by Nicholson. Motion carried 7-0. Proof of publication cer~ed to by the Publisher on Notice of Public Hearing to dispose of property at 975 Thomas Place and City Manager recommending approval of sale, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. Reqular Session, June 21; 1999 27'~ RESOLUTION NO. 341-99 Whereas, pumuant to resolution and published notice of time and place of headng, published in the Telegraph Herald, a newspaper -of ~ general circulation published in the City of Dubuque, Iowa, on 11th day of June 1999, the City Council of the C~y of Dubuque, Iowa met on the 21st day of June, 1999 at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa, to consider the proposal for the sale of real estate described as: Lot 1 of Lot 2 of Mineral Lot 470 in the City of Dubuque, Iowa to Larry M. Langes; Whereas, the CH Council of the City of Dubuque, Iowa, overruled any and all objecitons, oral or written, to the proposal to dispose of interest of the CH of Dubuque, Iowa, except for easements as noted, in the hereinabove described real estate to Larry M. Langas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as Lot I of Lot 2 of Mineral Lot 470 in the City of Dubuque, Iowa to Larry M. Langes be and the same is hereby approved for the sum of $300.00 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 City Clerk be and is hereby authorized and directed to ~'ecord a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robb[ns. Motion carried 7-0. MichalskJ move to remove the following item from the table. Seconded by Buol. Motion carded 7-0. An Ordinance Reclassifying property located on Highway 20 West and Cousins road from Dubuque County A-1 Agricultural Distdct to City of Dubuque C-3 General Commercial District with cond~ons, concurrent with annexation, Ordinance was tabled at meeting of June 7, 1999, now presented for further action. Voetberg moved to amend the original motion with 15' height limitations and t00' setback from Cousins Rd. and site evaluations no higher than 782' with no billboards allowed. Seconded by Buol. Vote on the motion was as follows: Yeas---Buol, Nicholson, Voetberg. Nays--Duggan, Markham, Michalski, Robbins. Motion failed. Mary Kay Kleiner submitting potion containing 54 signatures raquesting reduction of speed limit between 375 Fremont Ave. and 700 Fremont Ave. to 25 mph and Cb Manager subm~ng study reports and 2 ordinances providing for reducing speed limit to 30 miles per hour or 25 miles per hour, presented and read. Voetberg moved that the petition and communication be received and tiled. Seconded by Buol. Motion carried 7-0. An Ordinance Revising Subsection (c) of Sec. 32-231 providing for establishment of speed timits on Fremont, Simpson St to point approx. 1100 feet south of Simpson St and from a point 700 feet north of Carriage Hill to Kelly Lane to 30 miles per hour and an Ordinance Revising Subsection (c) of Sec. 32-231 providing for establishment of speed limits on Fremont. Simpson St. to point approx. 1100 feet south of Simpson St and from a point 700 feet north.of Cardage Hill to Kelly Lane to 25 miles per hour, )resented and read. Voetberg moved that the Engineering DepL look at all of Fremont Ave. speed limits from Dodge St. all the way out and come back with a recommendation for speed limff, s and rational. Seconded by Buol. Motion carded 7-0. City Manager recommending approval of tinal plat of Loras Estates, ~resentad and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 342-99 A RESOLUTION RESCINDING RESOLUTION NO. 310-95 AND REAFFIRMING THE FINAL PLAT LORAS ESTATES, IN THE CITY OF DUBUQUE, IOWA 274 Regular Session, June 21, 1999 Whereas, there has been filed with the City Clerk a final plat of Lores Estates, in the City of Dubuque, Iowa; and · - Whereas,- upon said final plat appear public ufility, sanitary sewer and watermain easements which the owners by said final plat have dedicated to the public forever; and Whereas, the conceptual plan has been examined by the Zoning Advisory Commission and had Es 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 3 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 uti[ites have yet been constructed or installed; and Whereas, the CH Council concurs in the conditions of approval eatablished 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 Resolution No. 310- 95 is hereby rescinded. Section 2. That the dedication of easements for public utilites, sanitary sewer and watermain as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the final plat of Lores Estates is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the reaffirmation 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 Justin Lane to grade and to hard surface with asphaltic concrete, or with concrete paving, all in accordance with the CH 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. b. To install sanitary sewer mains and sewer service laterals into each indMdual lot, watermain and water service laterals into each individual lot, storm sewers and catch basins, ,boulevard street lighfing 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 construcfion improvement plans approved by the -City Engineer, and inspected by the City Engineer. c. That Ronald L. Smith and Janice M. Smith will form a Property Owners Association to assume ownership and maintenance responsibilities of the storm water infrastructure, detention areas, and private streets. Until said Property Owners Association is formed non and Jan Smith, as owners of said property, shall be responsible for said maintenance of the storm water infrastructure, detention area, and )rivate streets. In the event that the said owners fail to perform said maintenance, the City reserves the right under City Code Sections 23-40 through 23-44 to mitgate the public nuisance and assess the property owners of Lores Estates the ful~ cost of same. d. To construct said improvements ~rior to two (2) years from the date of acceptance of this resolufion, 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 acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners or future owners. f. All improvements of said property conform to the Conceptual Development Plan of Lores Estates PR Planned Residential Diatdct, as approved by the Dubuque City Council by Ordinance No. 56-92, or Es subsequent amendments. And further provided that said Ronald L. Smith and Janice M. Smith, as owners of said property, shall secure the performance of the foregoing conditions provided in this Secfion 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 4. Sidewalks shall be installed on the south side of Justin Lane from Roosevelt Road to the cuI- de-sac. Sidewalk installation shall be the responsibility of the owner abutting the pdvate street, including Lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk instal[etlon will not be required until the development of the (et has been completed, except as Re.qu ar Session, June 21~ 1999 275 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, including common areas abutting the pdvate street. Section 5. Thatthefinal acceptance of ali public improvements shall occur upon certification of the City Engineer that ail public improvements have been completed in accordance with the improvement plans and City standard specifications. Section 6. That in the event Ronald L Smith and Janice M. Smith shall fail to execute the acceptance and furnish the guarantees provided in Section 3. hereof within 180 days altar 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 21st day of June, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 342-99 We, the undemigned, Ronald L. Smith and Janice M. Smith, having read the terms and cond~ons of the Resolution No. 342-99, and being familiar with the cond~ons thereof, hereby accept the same and agree to the conditions required therein. Dated this 21st day of June, 1999. By:./s/Janice M. Smith By:/s/Ronald L. Smith Buol moved adoption of the resolution. Seconded by Nichdison. Motion carried 7-0. Historic Preservation Commission requesting work session with City Council to review changes to the Histodc Preservation' Ordinance, presented and read. Michalski moved that the Historic Pres. Comm. do the F'Ne Step Problem Solving process and then come back to the Council with recommendations. Seconded by Nicholson. Motion carded 7-0. City Manager concurring with recommended Census 2000 Comp[eta Count Committee process and requesting Council Member to serve as Chairperson for Committee, presented and read. Michalski moved that John Markham be designated as Chairperson of the Committee. Seconded by Budi. Motion carded 7-0. Greg Orwoll Executive Director of Co~, requesting suspension enforcement of residential parking regdiations in area surrounding Senior High Schodi from 3 p.m. to 11 p.m. on Wednesday, Jdiy 7th, in order to hold annual Music on the March program on Dalzell Field, presented and read. Buol moved that the communication be received and filed and request approved. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of amended City Electrical Ordinance, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Code of Ordinances by enacting a new Sect/on 1-1 pertaining to revising and reenacting an EIecthcal Code for the City and providing for the issuance of ~erroits and collection of fees therefor, ~resented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 52-99 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BE AMENDED BY REPEALING SECTION 18-1 THEREOF AND ENACTING NEW SECTION 15-1 THEREOF PERTAINING TO REVISING AND REENACTING AN ELECTRICAL CODE FORTHE CITY OF DUBUQUE, IOWA: AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 18-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing section 18-1 and enacting a new section 18-1 in lieu thereof:. Section 18-1. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the electrical code of the City that certain electrical code known as the National Electrical Code, 1999 Edit/on, as prepared and edited by the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, 276 Regular Session, June 21, 1999 Quincy, Mass. 02269-9101. And the provisions of such electrical code shall be contrdiling in the supply of elect~city and in the installation, maintenance and use of ail electrical conductom and equipment and installation of optical tiber cable within the corporate lim~ of the city and shall be known as the "Dubuque Electrical Code." A copy of the National Electrical Code, 1999 Edition, as adopted, shall be on file in the office of the City Clerk for public inspection. Section 2. That Section 18-2 of the Code of Ordinances of the City of Dubuque, Iowa be amended by amending section 18-2 as follows: Sec~on 82-5. Section 82-5 is hereby amended by repealing subsection 82- 5if') "Monthly Maintenance Inspections" and enacting a new subsection 82-5(f) in lieu thereof: Section 82-5(0. Monthly Maintenance Inspections. In industrial plants where experienced electricians are regularly employed and who have charge of the electrical work in such plants, a monthly inspection shall be made by the budding official of the installation of electric wiring, tixtures, appliances, work and materials used in connection with the operation of work in said plant. A record shall be kept at such plants covedng the preceding month. This record shall be tiled with the building official each month pdor to the time set for maidng regular inspection. Any falsity contained in the repoKs required to be filed wffh the building official shall subject the person, firm or corporation responsible therefor to the pena~Jes provided in this article. Section 83-2. Section 83-2 is hereby amended by repealing subsection 83-2 (c) "Monthly Maintenance inspections" and enacting a new subsection 83-2 (c) in lieu thereof: Section 83-2 The owner or owners of a single- family dwelling (or mobile home) including the usual accessory building and quarters used exclusively for living purposes may do such electrical work without registration as demonstrated by the capability to do, to the building official, providing that the dwelling (or mobile home) will be occupied by the owner and that a permit is issued as provided in the electrical code. No person qualifTing for the owner- occupant exemption shall be eligible for a subsequent exemption on any other structure for seven (7) years. Section 681-1. Enacting Section 681-1 and Table 681-8 681-1. Trampolines and overhead conductor clearances. The trampoline shall not be placed under existing service-drep conductors or any other open overhead widng; nor shall such wiring be installed above the trampoline except as follows: Insulated supply or All other supply or A~I other supply or supported on end cabled 0 to 15ky 15ky together with an effectively groueded bare messenger er neutral in any direction above not less than 14 feet not less than 17 feet not less than 18 feet trampoline ho~zonthl limit from edge not less than 10 feet not less than 10 feet not less than 10 feet of trampoline Reqular Session, June 21, 1999 277 Section 3. When Effective. This Ordinance shall take effect immediately upon publicatten as provided by law. Passed, approved and adopted this 21 st day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CH Clerk Published officially in the Telegraph Herald newspaper this 28th day of June, 1999. Mary A. Davis CMC, City Clerk 1 t 6/28 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carded 7-0. M[chalski moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. City Manager subm~ng Ordinance providing for removal of parking on corner of 7th St. & Locust Streets and communication of Knights of Columbus suppoCdng the Museum of Arts request, presented and read. Voetberg moved that the communications be received and filed. Seconded by Michalski. Motion carded 7-0. An Ordinance Designating no- parking-at-any-time-zones on 7th Street, North side from Locust to Bluff Streets, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 53-99 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CITY OF DUBUQUE CODE OF ORDINANCES DESIGNATING NO-PARKING-AT- ANY-TIME ZONES BY ADDING THERETO SEVENTH STREET, NORTH SIDE, FROM. LOCUST TO BLUFF. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 32-262 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 32-262. Prohibited on Designated Streets or Portions Thereof: (d) No-Parking-At-Any-Time Zones Designated: When signs are erected giving notice thereof, no pemon shall, at any time, park a vehicle upon any of the following described streets or parts of streets. Seventh Street, north side, from Locust to Bluff. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk NOT PUBLISHED AS OF Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally ~essed be suspended. Seconded by MichalskL Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 7-0. CH Manager recommending approval of FY99 Housing Trust Fund awards to Dubuque Food Pantry and as matching funds to an application to the Iowa Department of Economic Development, in support of affordable housing projects, presented and read. Michalski moved that the communication be received and flied and approved recommendation. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carded 7-0. City appointments to GDDC Board (Currently Board Members are City Manager, Mayor and Councii Members Nicholson and Voetberg - terms expire 6-30-99), presented and read. Markham moved that they approve the same appointees. Seconded by MichalskJ. Motion carded 7-0. Zoning Advisory Commission advising of their approval to reclassify property at 13091 Highway 20 West from County B-2 to City C-3 Distdct as requested by Riley Development Co., presented and read. Michalski moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Zoning Map by reclassifying property located on Highway 20 West from Dubuque County B-2 Business District to City of Dubuque C-3 General Commercial Distdct concurrent with annexation, ~resented and read. Michalski moved that the requirement that a proposed 278 Regular Session, June 21, 1999 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 Nicholson. Motion carried 7-0. Michalski moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 1999 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 Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval to reclassify property near Woatan and Clara Streets from R-1 to ID District with 5 condigns, as requested by Mercy Health Center/Jim Schroeder, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0: An Ordinance Amending Zoning Map by amending Ordinance No. 35-93 by approving an amended Conceptual Development Plan for the Mercy Health Center iD Institutional District and reclassifying property located at the end of Clara Street from R-2 Two- Family Residential District to ID Insfitu'donal District, presented and read. Voatberg 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 Robbins. Motion carried 7-0. Voatberg moved that a Public Headng be held on the proposed Ordinance on the 6th day of July, 1999 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 Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to reclassify property at South side of Starlight Dr. (Woodland Ridge Subdivision) from PUD to R-3 D[stdct as requested by Horizon Development/Tim Puls, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Orc~nance Amending Zoning Map by reclassifTing property located South of Stadite Ddve from PR Planned Residential Designation to R-3 Moderate Density Multi-Family Residential District, presented and read. Buol movedthatthe requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Nicho[son. Motion carded 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 6th day of July, 1999 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 Nicholson. Motion carded 7-0. Zoning Advisory Commission advising of their approval on Text Amendment to Zoning Ordinance to establish requirements for paving of residential driveways as requested by City of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Zoning Ordinance by amending Section 4-2.6 and adding a new Section pertaining to standards for installation of driveways, presented and read. 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 Nicholson. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 1999 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 Nicholson. Motion carded 7-0. City Manager recommending public hearing be set for July 6, 1999 to consider issuance of Tax increment Revenue Promissory Note (Interstate Power Co.), presented and read. Michalski moved that the communication be received and tiled. Seconded byVoetberg. Motion carried RESOLUTION NO. 343-99 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF A $800,000 URBAN RENEWAL TAX INCREMENT REVENUE PROMISSORY NOTE OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE Reqular Session, June 21~ 1999 279 THEREOF Whereas, the City of Dubuque, iowa (the "City') has received an offer from Interstate Power Company ("IPC") of a interest-free loan to assist in the acquisition and development of land for new industrial parks and it is' deemed necessap7 and advisable that the City should issue its Urban Renewal Tax Increment Revenue Promissory Note to IPC in the amount of $800,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose o.f providing funds to pay costs of carrying out the project as hereinafter described; and Whereas, it is proposed that the Urban Renewal Tax Increment Revenue Promissory Note be secured by a first mortgage on a portion of the property to be financed with the proceeds of the tPC funds; and Whereas, before said Urban Renewal Tax Increment Revenue Promissory Note may be issued pursuant to Section 403.9 of the Code of Iowa, it is necessary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to received oral and/or written objections from any resident or property owner of said City to such action. NOW THEREFORE, BE 1T RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthis Council meetin the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 7:00 o'clock P.M., on the 6th day of July, 1999, for the purpose of taking action on the matter of the issuance to JPC of a $800,000 Urban Renewal Tax Increment Revenue Promissory Note, the proceeds of which will be used to provide funds to pay costs of aiding in the planning, undertaking and car~ing out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque industrial Center Economic Development District, including the acquis~on and development of real property within said District. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at lease once weekly, and having general circulation in said City, said publication to be not [ess than four I clear days nor more than twenty days before the date of said public meeting on the issuance of said obligation. Section 3. The notice of the proposed action to issue said Urban Renewal Tax increment Revenue Promissory Note shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF A $800,000 URBAN RENEWAL TAX INCREMENT REVENUE PROMISSORY NOTE OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given thai the Council of the City of Dubuque, Iowa, will hold a public headng on the 6th day of July, 1999, at 7:00 o'clock P.M., in the Auditorium, Carnegie - Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take addi~onal action for the issuance of a $800,000 Urban Renewal Tax Increment Revenue Promissory Note (the "Note") to Interstate Power Company ("IPC") in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, including the acquisition and development of real property within said District. Pursuant to agreement with IPC, the Note will not bear interest and will be secured by a pledge of the incremental taxes collected in respect of propedJes located within the Dubuque Industrial Center Economic Development District. The Note would be further secured by a mortgage on a portion of the real property being financed with the ~receeds of the Note. At the above meeting the Council shall receive ora~ or written objec~ons from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council wiJl at this meeting or at any adjournment thereof, take additional action for the issuance of said Note or will abandon the proposal to issue said obligation. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 403.9 of the Code of Iowa. Code Section 403.9 shall govern this meeting and action taken thereat. Dated this 21 st day of June, 1999. 280 Regular Session, June 21, 1999 City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. City Manager submitting documents providing for Bee Branch Storm Sewer Cleaning, presented and read. Buo[ moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO; 344-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed prans, specifications, form of contract and estimated cost for the Bee Branch Storm Sewer Cleaning Project, in the estimated amount of $975,315.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, CityC[erk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 345-99 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 Bee Branch Storm Sewer Cleaning Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of July, 1999, 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, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng 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 pdor to the day fixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, CityClerk Buol moved adoption of the resolution. Seconded by Markham. ~otJon carried 7-0. RESOLUTION NO. 346-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Bee Branch Storm Sewer Cleaning 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 forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 30th day of June, 1999. Bids shat[ 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 6th day of Ju~y, 1999. Passed, adopted and approved this 21 st day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. City Manager submi~ng documents providing for construction of Heron Pond Wetlands Nature Trail Project, ~resented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Regular Session, June 21,~ 999 281 RESOLUTION NO. 347-99 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 Heron Pond Wetlands Nature Trail Project, in the estimated amount of $194,583.00, ara hereby approved and ordered tiled in the office of the City Cl~rk for public inspection. Passed, adopted and approved this 21 st day of June, t999. Terranca M. Duggan, Mayor Attest MaryA. Davis, C~Clerk Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 348-99 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 tite in the office of the City Clerk for public inspection of the Heron Pond Wetlands Nature Trail Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of Ju~y, 1999, a public headng 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 of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng 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 day fixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 21st day of June, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Rssolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO, 349-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Heron Pond Wetlands Nature Trail Project is hereby ordered to be adveddsed 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 adverse for bids for the construction of the improvements herein provided, to be published in a newspaper having general ciraufation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-tire days pdor to the receipt of said bids at 2:00 p.m. on the 13th day of July, 1999. Bids shall be opened and read by the CH Clerk at said time and will be submitted to the Council for tinal ac'don at 7:00 p.m. on the 19th day of July, 1999. Passed, adopted and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager submitting documents providing for construction of Kerper Court Paving & Utilities Project, )resented and mad. Michalski moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 350-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR KERPER COURT PAVING AND UTILITIES PROJECT 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 Kerper Court Paving and Util~es Project, in the estimated amount of $929,701.94 ara hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 282 Regular Session, June 21, 1999 21st day of June, 1999. Torrance M. Duggan, Mayor Attest: Mar/A: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by BuoL Motion carded RESOLUTION NO. 351-99 RESOLUTION FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS FOR THE KERPER COURT PAVING AND UTILITIES PROJECT BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That on the 19th day of July, 1999, 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 and form of contract for the Kerper Court Paving and Utilities Project. Section 2. That the City Clerk 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 pdor to the day fixed for its consideration. Passed, adopted and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resol~ion. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 352-99 RESOLUTION ORDERING BIDS FOR THE KERPER COURT PAVING AND UTILITIES PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk is hereby author[zed and directed to advertise for bids for the Kerper Court Paving and Utilities Project in the form of Exhibit 'A' attached hereto and made a part hereof. Passed, adopted and approved this 21st day of June, 1999. Terranca M. Duggan, Mayor Attest: Mar/A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager submitting documents providing for construction of Eighth Street Reconstruction from Locust St_ to Iowa St., presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 353-99 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, spec[Tications, form of contract and estimated cost for the Eighth Street Reconstruction from Locust Street to Iowa Street, in the esfimated amount of $1,034,689.06, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21 st day of June, 1999. Terrence M. Duggan, Mayor Attest Mar/A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 354-99 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 Eighth Street Reconstruction from Locust Street to Iowa Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th of July, 1999, a ~ublic 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 agaiest the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng 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 day fixed for its consideration. At the headng, any interested person may appear and file objecfions to the proposed plans, Reqular Session, June 21, 1999 283 specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, C[tyClerk Voetberg moved adopfion of the Resol~on. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 355-99 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved bythe City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as flied by the City Council, for the Eighth Street Reconstruction from Locust Street to Iowa Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public weEare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on tile with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specificafions which have been approved by the City Council and now on tile with the City Clerk. That the cost and expense cf making such improvement will be assessed parfialiy or totally against privately owned property lying with the assessment limits, and in an amount .not to exceed that provided by law, and ~n propor~on to the special benefits conferred. The per,on of the cost which shall be borne by the City will be paid from the General Fund, Sales Tax Fund, TIF receipts, the Road Use Tax Fund, the Street Construction Fund, and special .assessment bonds that may be issued m anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The ' above resolution was introduced, approved and ordered placed on file with the City Clerk this 21st day of June, 1999. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 356-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Eighth Street Reconstruction from Locust Street to Iowa Street, and, Whereas, the proposed Resolufion of Necessity for said improvement has been introduced and is now on file in the CH Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of July, 1999, a public headng will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed Improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries o~ the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby author[zed and 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 published once each week for two consecutive weeks, the first publication of which shall be not less than ten days 3der to the day fLXed for its consideration. Unless property owners at the time of the tinal considerefion of this proposed resolution have on file Regular Session, June 21, 1999 with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest MaryA. Davis, CityClerk Voetberg moved adoption of the Rssol~on. Seconded by BuoL Motion carried 7-0: RESOLUTION NO. 357-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Eighth Street Reconstruction from Locust Street to Iowa Street 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 C~7 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 Cb of Dubuque, lows, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 7th day of Juh/, 1999. 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 19th day of July, 1999. Passed, adopted and approved this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cb Clerk Voetberg moved adoption of th~~'''' Resol~on. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 358-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Eighth Street Reconstruction from Locust Street to Iowa Street and the valuations set out herein are hereby approved. Passed, approved and adopted this 21st day of June, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetber9 moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. At 9:37 P. M. Michalsk~ moved to go into Closed Session - In accordance with Chapter 21.5(j) 1997 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 byVoetberg. Motion carried 7-0. At 9:43 P.M. Council reconvened Regular Session and stated that Staff had been given direction and approval. There being no further business, Michalski moved to adjourn. Seconded by Voetberg. Motion ca~ed 7-0. The meeting adjourned at 9:44 P.M. /s/Mary A. Davis CMC /7 c~y clerk. Appreved/--J-"-'"-'~--~z-~ ,1999 dopted ..~ ~<-"¢.~z~_.,~z~.~ , 1999 M~or~ ~ v ~ouncil Membe~ ~est; ] C~ Clerk ~ Special Session~ June 23, 1999 285 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Wednesday, June 23, 1999 Joint Session with Dubuque County Board of Supervisors Council Met at 4:30 P.M. Public tJbrary Auditorium Present--Mayor Duggan, Council Members Buel, Michalsld, Nicholson, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent--Council Members Markham, Robbins. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to change the public hearing for Bee Branch Sewer Cleaning project and readvertise to bidders for project. Verbal request from City Manager recommending to reechedule public headng for Bee Branch Sewer Cleaning project to July 19th and authorizing readvertising for bids for project due to 'dine constraints for bidders. Micha[ski moved to approve the Manager's recommendation to change the Public Headng for the project to July 19, 1999 with completion date to be December 31, 1999. Seconded by Bual. Motion carded 7-0. JOINT MEETING WITH DUBUQUE COUNTY' BOARD OF SUPERVISORS AND DURRANT GROUP FOR PRESENTATION OF REPORT ON LAW ENFORCEMENT CENTER EXPANSION. Supervisors Present: Donna Smith, AJan Mantemach, and Jim Waller. 1. Report in preliminary design and cost estimate; 2. Summary of funding options prepared by County Attorney;, 3. Proposal far lease-purchase option for financing of law enforcement center expansion. Barney Bishop and Norm Widder presented the report regarding expansion of the project indicating proposal provided for c~osing of Eighth St. from Locust to Central Following the presentation the Council stated they would place the matter of closing Eighth St. on their July 6th Council Meeting. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carded 7-0. The meeting adjourned at 5:40 P.M. /si Mary A. Davis CMC, Approved ~'"~ ,1999 Adopted_. ~¢¢-.-~,~ 4"1~99 v ,C....p-:/ A~est: