The URL can be used to link to this page

1998 June Council ProceedingsSPecial Session, *JUne iI i998 201 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Work Session, Monday, June 1, 1998 Council Met at 5:15 p.m. Present--Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg At 4:45 there was a dinner which was followed by a Presentation of an update on the "Mississippi River Walk" Project There being no further business, the meeting adjourned at 6:33 p.m. /si Ma~y A. Davis CMC City Clerk Approved .~,~-~O ,1998 Adopted / ~( · , , council Members City Cler~/ 202 Regular Session, June 1, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session. June 1, 1998 Council Met at 7:00 P.m. Public Library Auditorium Present--Mayor Duggan, Council Members BuoL, Markham. MichaIski, Nicho]son. Robbins, Voetberg, City Manager Michael Van Mi[ligen, Corporation Counsel Barry A. LindahL Mayer 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. Invocation was given by Rev. Mel Hooten, Pastor, Grandview Heights Baptist Church. PROCLAMATIONS -- June 13-14 as "Rising Starsllndependent League Days~ received by Chuck Hundt and ~vvo sons; June 6-13 as "National Homeownership Week" received by Clarence Hermsen, President of the Board of Realtors. MINUTES SUBMITTED -- Airport Commission of 4-28; 5 Flags Commission of 4-20; Housing Commission Trust Fund of 5-14: Park & Recreation Commission of 5-12; Public Library of 4-23; Transit Trustee Board of 3-12, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Buol. Motion carried 7-0. Proof of Publication on Notice of publishing Council proceedings for meeting of 5-4, presented and read. Voetberg moved that the proof be received and filed. Seconded by BuoL Motion carried 7-0. NOTICES OF CLAIMS/SUITS -- David & Ann Drexler in amount of $2512.49 for backed up sewer damages; F[orence Rath in unknown amount for pemonal injuries; Charlotte A. So[arz ir unknown amoun~ for personal injuries, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by BuoL Motion carried 7-0. Corporation Counsel recommending settlement in amount of $198.00 for property damage claim of Christine Rapp and Finance Director to issue proper check, presented and read. Voetberg moved that the communication be received and flied and recommendation approved. Seconded by Buct. Motion carried 7-0. City Manager recommending selection of Steven Ulstad Architects as design and engineering consultant for the Heron Pond Wetlands Nature Trail project, presented and reac. Voetberg moved that the communication be received and tiled and request approved Secondec by BuoL Motion carried 7-0. Approval of Seventh Amendment to City Manager's Employment Agreement, presented and read. Voetberg moved that the communication be received and filed and amendment approved. Seconded by Buol. Motion carried 7-0. City Manager requesting institution of Eminent Domain proceedings for propen7 located near Airport, presented and read. Buol moved that the communication be received and tiled. Seconded by MichalskL Carried by the following vote: Yeas--Buol. Markham. Michalski Nicholson, Robbins, Voetberg. Nays--Duggan. RESOLUTION NO, 219-98 Whereas. the City of Dubuque has been negotiating with the owners of record for the acquisition of the property shown on the attached maps entitled Exhibit "A" necessary for the Airpor~ Runway Extension project; and Whereas, the City of Dubuque has not been successful after reasonable attempts in its efforts to negotiate a sale and purchase price for the required property; and Whereas, the City of Dubuque finds and determines that eminent domair proceedings should be instituted to acquire the needed property. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of Dubuque, owa for acquisition of the real property as shown on Exhibit "A" and that the Corporation Counsel be directed to Re~lular SessiOn, jun~ ~, i~: 203 institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and a[~ things necessary and incidental to said eminent domain proceedings. Passed, approved and adopted this 1st day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Carded by the following vote: Yeas--Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Nays--Duggan. Community Development Advisory Commission advising of their endorsement for the Lead Paint Hazard Control Grant and recommending aitocation of $60,000 of CDBG funds for FY 2001 and 2002 for this project and City Manager recommending to endorse said Grant, presented and read. Voetberg moved that the communications be received and filed and approved recommendation. Seconded by BuoL Motion carried 70. City Manager recommending approvat of loan in amount of $188,000 from TIF-Funded Rehabilitation Loan Program to Duaine & Jane Greenfield, presected and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 220-98 A RESOLUTION AUTHORIZING A LE'I I ER OF COMMITMENT AND ADDITIONAL ACTION CONCERNING A DOWNTOWN REHABILITATION LOAN TO DUAINE H. AND JANE M. GREENFIELD. Whereas, the City of Dubuque, iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestmect 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 activities and to spur job creation activities; and Whereas, the loan application from Duaine H. and Jane M. Greenfield meets the requirements of this program; and Whereas a Commitment Letter, hereto attached and by this reference made apart hereof, sets forth the terms and conditions of Duaine H. and Jane M. Greenfield's participation in the Downtown Rehabilitation Loan Program. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Duaine H. and Jane M. Greenfield for participation 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 City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Duaine H, and Jane M. Greenfield 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 toan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, n accordance with the terms and conditions of the execute agreement. Passed. approved and adopted this 1st day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Veetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. City Manager recommending an amendment to the Homeowner Histodc Preservation Grant Program to allow mul~family residences to be eligible for a loan, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by BuoL Motion carried 7-0. Environmental Stewardship Advisory Commission submitting Deer Management Plan and recommending City Council appoint and allocate City Staff to work with DNR for implementation, presented and read. Nicholson submitted suggested solutions to this growing problem. Nicholson moved that it be resolved that elevated deer stands be erected 204 Regular Session, June 1, 1998 and City designate the placement of these stands. Seconded by Buol. Carried by the following vote: Yeas--Buo], Markham, Michalski. Nicholson. Robbins. Voetberg, Nays---Duggan. Nicholson further moved that it be resolved that the City allow any private landowner to have the option to hire, at their own cost and liability, under the supervision of the DNR, a professional sharpshooter to accomplish that goal. The owner bas the option of submitting their plan to the City Council before the hiring of the sharpshooter. (This matter to come back before the Council for proper ordinance and resolution.) Seconded by MichalskL Carried by the following vote: Yeas--Buol, Markham, Michalski, · Nicholson, Robbins, Voetbcrg. Nays--Duggan. City Manager recommending acceptance of Quit Claim Deed from Dubuque County, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 221-98 RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE LOCATED IN DUBUQUE COUNTY, IOWA, FROM DUBUQUE COUNTY, IOWA Whereas, the City has entered into an agreement for the purchase of the following-described property located in Dubuque County, Iowa: Lot I of Seippel Road Place lying within the SE 1/4 of the SE 1/4 of Section 25, T89N-RIE in the 5TM Principal Meridian; Lot I of the NE 1/4 of the SE 1/4 of Section 25, T89N~R1E, in the 5'~ Principal Meridian; Lot 2 of the NE 1/4 ortho SE 1/4 of Section 25, T89N-R1E in the 5TM Principal Meridian; NW 1t4 of the SW 1/4 of Section 30, T89N-R2.E in the 5TM Principal Meridian; NE 1/4 of the SW 1/4 of Section 30, T89N-R2E, in the 5~ Principal Meridian; Lot 1-1 ofthe SW 1/4 of the SW 1/4 of Section 30, T89N-R2E, in the Principal Meridian: Lot 1-1 of the SE 1 ~ of the SW 1/4 of Section 30, T89N- R2E. in the 5TM Principal Meridian. from Dubuque County, Iowa; and Whereas, all of the conditions of the Purchase Agreement have been met and Dubuque County, Iowa has delivered a Quit Claim Deed, a copy of which is attached hereto, to the City of Dubuque; NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City of Dubuque hereby accepts the Quit Claim Deed from Dubuque County, Iowa, a copyof which is attached hereto. Section 2. The City Manager s hereby authorized and directed to execute all documents in connection with the acceptance of such real estate, and the City Clerk is hereby authorized and directed to provide a copy of this Resolution to the Dubuque County Auditor, as required by Iowa Code Section 569.7. Passed, approved and adopted this 1st day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetherg moved adoption of the Resolufion. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 222-98 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 Cigare~es and Cigarette Papers within said City. NEW Jorja's Restaurant and LoungeJorja's Restaurant and Lounge 890 Iowa St. Passed, approved and adopted this 1st day of June, 1998. - Terrance M. Duggan, Mayor Attest: Mary A. Davis1 City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 223-98 NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE_ OWA:' That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City, RENEWALS 5-Point Mart 5-Point Mart Inc. 405 Rhomberg 16th St Auto Truck Plaza Mulgrew Oil Co 1215 E 16th St Loras AMOCO Foedshop Mulgrew Oil Co 1450 Loras Bivd Aragon Tap Myra Woodman 1103 Iowa St Asbury AMOCO Foodshop Mulgrew Oil Co. 3300 Asbury Rd Reqular Session, j~h~ ;Ii 1998~ 2O5 Fat Tuesday's Hartig Drug Co Hartig Drug Co Hartig Drug Co Harag Drug Co Holiday Inn 5-Flags Kinseth Hotel Carp Hy-Vee Inc. Beecher Co. Inc Beecher Co. Inc. 1691 Asbury Rd Big 10 Mart Mole Oil Co. 9th & Central Big 10 Ma~Car Wash Mole Oil Co. 1875 JFK Rd Big 10 Mart Mole Oit Co. 2100 JFK Rd Bunker Hilt Snack Shop GMS. Inc 2200 Bunker Hill Casey's General StoreThe Monday Co. 4003 Peru Rd Casey's General Store Angel Investment 2699 Rockdale Rd Cedar Cross AMOCO TBTB Inc. 1010 Cedar Cross Central Tap Myra Woodman 1046 Central Ave Clubhouse Melvin Spiegelhalter 2364 Washington St Creslanes Bowling Crescent Electric 255 S. Main Cue Master Billiards Cue Master Bill. Ltd 900 Central Ave Denny's Lux Club Bevedy Larsen 3050 Asbury Rd DBQ Greyhound Park/Casino DBQ Greyhound PrkJCasino 1855 Greyhound Park Dubuque Inn Best Western Dubuque Inn Corp. 3434 Dodge St Eagle Count~' Market #320 Eagle Food Center lnc 2050 JFK Rd Eagle Country Market #130 Eagle Food Center Inc 1800 Elm St Eagle Country Market #018 Eagle Food Center Inc. 300 S. Locust Eccnofoods #471 . Nash-Finch Com- pany 3355 JFK Rd FDL Foods FDL Foods, inc, 701 E.16th St Family Beverage Center Family Beverage Center 3400 Central Ave Family Mart, Inc Family Mart, Inc. 3201 Central Ave Richard W Hirsch 1121 University Ave Hartig Drug Co. 7th & Town Clock Hartig Drug Co. 157 Locust St Hartig Drug Co. 2255 JFK Rd Hartig Drug Co 2225 Central Ave 405 Main St Hy-Vee Inc 3500 Dodge St iOCO Speede Shoppe # 33 Iowa Oil Co. 3200 Central Ave lace Speede Shoppe # 2 Iowa Oil Co, 2335 University Ave lace Speede Shoppe # 17 Iowa Oil Co. 150 Twin Valley Dr IOCQ Speede Shoppe # 93 Iowa Oil Co. 3250 Dodge St IOCO Speede Shoppe # 3 Iowa Oil Co. 1998 Jackson St JFK Amoco Foodshop Mulgrew Oil Co. 1701 JFK Rd K C's Downtown Auto Center Lynn Kruser 205 Locust St K-Mart Carp K-Mart Carp 2600 Dodge St Kalmes Braaktime Bar/Grill MichaeFTheresa Kalmes 1097 Jackson St Liquor Depot Timothy QuagIiano 1620 JFK Rd McCann's IOCO Michael/Myra McCann 690 W Locust Martin Automatic Car Wash Pdde Service Inc 2175 Central Ave Martin Oil of Dubuque Pdde Service Inc. 280 Locust St Murph's South End Tap Laura Murphy 55 S Locust St Oky Doky Food # 21 Trans-Miss 2010 Kerper Bird Oky Doky Food # 8 Eugene Steffen 535 Hill St Oky Doky Food # 15 Jena Inc 1101 Rhomberg Ave Old Shang Lounge Nelda L. Bennett 1091 Main St Pipe Inn Betty Kremer 555 JFK-Kennedy Mall Plaza 20 Amoco FoodShop Mulgraw Oil Co 2600 Dodge St Puff n Snuff Mole Oil Co 2013 Central Ave Sid's Beverage Inc Bevedy Miller 2727 Dodge St Silver Dollar Cantina M M & H Carp 342 Main St Treasurer Chest Gift Shop Greater DBQ Riverboat 400 E 3rd St Tobacco Outlet Plus # 504 Kwik Tdp Inc, Tony's Place Tri-State Golf Walgreen Co 806 Wacker Dr Charles E. Steffen 701 Central Ave Tri-State Golf nc. 1095 Cedar Cross Walgreen Co. 555 JFK-Kenneay Mall WaF-Mart # 2004 Wal-Mart Inc. 4200 Dodge St Walnut Tap Craig J. Wether 709 University Ave Wareco Service Inc. Wareco Service Inc. 700 Rhomberg Ave West Locust Mart Lee Potter 408 W Locust St Whiskey River Chad Streff 1064 University Ave Passed. approved and adopted this 1 st day of June, 1998. 2O6 Regular Session, June 1, 1998 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 224-98 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 ~nspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Prospect Pizza Ltd Pizza Hut #1 +(Sunday Sale) 320 E 20th St Prospect Pizza Ltd Pizza Hut #2 +(Sunda~, Sale) 2075 JFK Rd Passed, approved and adopted this 1st dayof June. 1998. Terranca M. Duggan, Mayor Attest: Mary A Davis. Cit~ Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO, 225-98 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 ~aws and all City Ordinances relevant thereto and they have filed proper bonds. NOW. THEREFORE. BE tT 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 Clifford Enterprises, LC Dempsey's & Molly's Pub & Grub +(Sunday Sale) 395 W 9th Jorja Moore Jorja's Restr. & Lounge, Inc.+(Sunday Sale) 890 iowa St CLASS "C~(BW) SPECIAL BEEPJLIQUOR Weaver Entemnses Papa Sarducci's +(Sunday Sale) 1895 JFK Rd Passed, approved and adopted this 1st day of June, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City C~erk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. BOARDS AND COMMISSIONS: Applicants were invited to address the Council on their possible appointment. COMMUNITY DEVELOPMENT COMMISSION Applicant: Sister Lynn Marie Fangman (representing Census Tract #10). Sister Fangman spoke. ZONING ADVISORY COMMISSION Applicants: Eugene Bird, Robed Nagle, Carl Scberbring and Jeff Stiles. Robed Nagle, Jeff Stiles and Carl Scherbring all spoke. Dick Schlitz spoke in support of Nagle and Stiles. Robbins moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Buol. Motion carried 7-0. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying property located at 715 W. Locust St. from R-2A to C-1 District, presented and read, Buol moved that the Proof be received and filed. Seconded by Voetberg. Motion carried 7-0. Pat Mohr, the owner of the properc]', spoke requesting the zoning change. An Ordinance Amending Zoning Map by recJassifying properb/located at 715 W. Locust Street from R-2A Alternate Two-Family Residential District to C Neighborhood Commercial District. matter denied by Zoning Commission. first reading only given on 5-18-95, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 36-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 715 W. LOCUST STREET FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO NEIGHBORHOOD COMMERCIAL Reqular Session, Jufl~ 'ii ~i998 DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R- 2A Alternate Two-Family Residential District to C-1 Neighborhood Commercial District, to wit: The East Balance of Lot 2 of Mineral Lot 95, Lot 2 of Mineral Lot 93A and the East 235 feet of Lot 64 of Littlaton and Sawyer's Addition and to the center line of the adjoining public right- of-way, a[I in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of June, 1998. Terrance M. Duggan; Mayor Attest: MaryA. Davis, City Clark Published officially in the Telegraph Herald newspaper this 5th day of June, 1998. lt6/5 Mary A. Davis CMC, City Clerk 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 saspended. Seconded by Voetberg. Motion carded 7-0. Buol moved final consideration and passage of the Ordinance. Seconded by Veetberg. Motion carded 7-0. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans & Specs. fo[ Construction of County Farm Interceptor Sewer Extension, presented and read. Voetberg moved that the proof be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 226-98 RESOLUTION ADOPTING PLANS AND SPt~CIFICATIONS Whereas, on the 29th day of Apdl, 1998, plans, specifications, form of contract and estimated cost were flied with the City Clark of Dubuque, Iowa for the County Farm interceptor Sewer Extension. 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 1 st day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Proof of Publication certified to by the Publisher on Notice to Bidders on Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Voetberg moved that the proof and communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 227-98 . AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the County Farm Interceptor Sewer Extension pursuant to Resolutlan No. 199-98 and notice to bidders published m a newspaper published in the City of Dubuque, Iowa on the 8th day of May, 1998. Whereas, said sealed proposals were opened and read on the 21 st day of May, 1998 and it has been determined that the bid of Langman Construction Company, Inc. of Rock Island, Illinois in the amount of $498,171.46 was the lowest bid for the fumishlags of all labor and materials and performing the work as provided for in the plans and spec~catlans. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Langman Construction Company, Inc.. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete 3erformaeee of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the apprcva] of the contractor's bond, the City Treasurer is authorized and instructed to return the 2O8 Regular Session, June 1, 1998 bid deposits of the unsuccessful bidders. Passed. approved and adopted this 1st day of June. 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Proof of Publication cedified to by the Publisher on Notice of Hearing on Plans & Specs. for Construction of 1998 Asphalt Paving Project, presented and read. Michalski moved that the proof ae received and filed. Seconded by Robbins. Motion carried 7'-0. RESOLUTION NO. 228-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 30th day of April, 1998, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 1998 Asphalt Paving Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cosl was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: 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 1st day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion corned 7-0. Proof of Publication cedified to by the Publisher on Notice To Bidders on Receipt of Bids for project and City Manager recommending to award contract for project presented and read. Michatski moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 229-98 AWARDING CONTRACT Whereas. sealed proposals have been submitted by contractors for the 1998 Asphalt Paving Project pursuant to Resolution No 202-98 and notice to bidders published m a newspaper published in the City of Dubuque, Iowa on the 8th day of May, 1998. Whereas, said sealed proposals were opened and read on the 21st day of May, 1998 and it has been determined that the bid of River City Paving, a Division of Mathy Construction of Kieler. Wisconsin in the amount of $804,510.28 was the lowest bid for the furnishings of all labor and materials ant performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for the above improvement be awarded to River City Paving, a 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 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 bidders. Passed. approved and adopted this 1st day of May, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 70. Proof of Publication certified to by the Publisher on Notice of Hearing on Plans & Specs. for HVAC Improvements to the Office Area of Keyline Transit Facility, presented anc read. Buol moved that the proof anc communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 230-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 29th day of April, 1998. plans,' specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the HVAC improvements to the Office Area of Keyline Transit Facility. 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, Reqular Session, June 1, 1995 209 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 1st day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholeen. Motion carried 7-0. Proof of Publication certified to by the Publisher on Notice to Bidders on Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 231-98 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the HVAC Improvements - Keyiine Transit FacEr[y pursuant to Resolution No. 193- 98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of May, 1998. Whereas, said sealed proposals were opened and read on the 21st day of May, 1998 and it has been determined that the bid of Ail Seasons Heating and Cooling, Inc. of Dubuque, Iowa in the amount of $23,500.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to All Seasons Heating and Cooling, 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 authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 1st day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Attorney Alfred Hughes, representing the Church of the Nativity, expressing concerns regarding skateboarding and rollerbJading on the church's surface parking area, presented and read. Robbins moved that this matter be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carded 7.0. Father Wayne Ressler spoke stating this is a big problem and a great nuisance at many of the churches around town_ John & Doris Kivlahan objecting to proposed location of bike trail on their property which fronts on JFK Rd., presented and read. Michalski moved that the communication be received and filed and referred to the City Manager with direction to report back in a couple of weeks. Seconded by Robbins. Motion carded 7-0. John Kivlahan spoke requesting supporf to honor request on change by IDOT on the extension of the NW Arterial. City Manager recommending adoption of covenants for the Dubuque Technology Park and authedzing Mayor to execute, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion camed 7.0. City Manager recommending approval of fight-of-way encroachment for Elmwood . Green .Subdivision. presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. An Ordinance Authedzing Joseph & Ruth Graham to install plantings within public right-of-way of LoBo Lane, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 37-98 AN ORDINANCE AUTHORIZING JOSEPH AND RUTH GRAHAM TO INSTALL PLANTINGS WITHIN THE PUBLIC RIGHT-OF-WAY OF LOBO LANE NOW THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL 210 Regular Session, June 1, 1998 OF THE CITY OF DUBUQUE, IOWA: Section 1. That Joseph and Ruth Graham as the developers of Elmwood Green Subdivision be and they are hereby granted the revocable permit and authority to construct and maintain plantings as show~ on the attached plant within the right-of-way of Lobe Lane under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with clans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with ail 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 permitfaes' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said plantings; and b. Pay en 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 C~ty of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said plantings sustained by any person or persens, caused by accident or otherwise to defend at its own expense and on behalf of said City any c~aim against the City of Dubuque arisin~c out of the location, installation, existence, construction or maintenance plantings and to pay reasonable attorney fees therefor; and c. Indemnify, defend and hold the City of Dubuque free and harmless'from any and al~ claims, [oss, liability and expense for death and/or injuries to third persons or damages te 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 ~mprovement permitted herein. Section 4. That the permms~on herein granted is expressly conditioned upon permitfaes' further agreement that should the right anc privilege herein granted be rescinded or revoked by the City Council, or the permittees, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense: remove said plantings and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said plantings at permittees' expense and dispose of the same, and the permittae shall have no claim against the City or its agents for damages resulting from the removal of said plantings. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees 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 injuries and/or property damage against the permittees arising out of or in any way 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 Joseph and Ruth Graham when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she ~s authorized and directed to file at permittees' expense a copy of this ordinance in the Of'fica of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 1st day of June, 't 998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 37-98 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 37-98, hereby, for themselves, their the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed -by permittees. By: Is/ Joseph Graham By: Is/Ruth Graham Dated: 6~3~98 Published officially in the Telegraph Herald newspaper this 8th day of June, 1998. tt 6/8 Mary A. Davis CMC, City Clerk Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two CounciI Meetings pdor to the meeting at which it is to be finally Regular Session, June 1, '1998 211 passed be suspended. Seconded by Nicholson. Motion carded 7-0. Buot moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. C~'y Manager recommending approval of final plat of Woodland Ridge Subdivision and naming of streets as requested, presented and read. Robbins moved that the commumcation be received and flied. Seconded by Nichotson. Motion carded 7-0. RESOLUTION NO. 232-98 A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND RIDGE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been flied with the City Clerk a final plat of Woodland Ridge Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Woodland Ridge and Lake Ridge Ddve (Lot A), together with certain public utility and sewer easements, including Lot 6 for storm water detention purposes, 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 owner agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the C~ Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CtTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectien 1. That the dedications of Woodland Ridge and Lake Ridge Drive (Lot A) and Lot 6 for detention purposes, together with the easements for public ufil~es, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the plat of Woodland Ridge Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein namec, execute their written acceptance hereto attached agreeing: a. To reduce Woodland Ridge and Lake Ridge Drive (Lot A) 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, ali [n a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individua~ lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, beulevard street lighting and erosion control devices all in accordance with the City of Dube. que standard specifications, all m a manner acceptable to the City Engineer, and in accordance with construction improvement p~ans approved by the City Engineer, and inspected by the City Engineer. c. To construct a detention faciliry in a manner acceptable to the City Engineer on Lot 6 of Woodland Ridge Subdivision in accordance with the improvement plans and City of Dubuque Standard - Specifications approved by the City and inspected by the City Engineer. d, To install sidewalk along the fight-of- way frontage of Lot 21. e. To construct said improvements, prior to two (2) years from the date of acceptance of this reeolution, at the sole expense of the owners, or future owners; f. To maintain the public improvem~n{s. for a period of two (2) yearn from the date-of-the acceptance-of those improvements by the City of Dubuque. Iowa. at the sole expense of the owners, or future owners; -- And fur~er provided ~at said Horizon Development Group, as owners 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 City Manager of the City of Dubuque, Iowa. .- - Section 3. Sidewalk installation shall be the responsibilizy of the owner of the property abutting the public rights-of- way, including lots with multiple frontages, as required by City Code 41- 161 through 41-164. The responsibility 212 Regular Session, June 1, 1998 shall extend to all successors, heirs and assignees, Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. in sparsely developed subdivisions. sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. The 60-foot lot frontage requirement for Lot 6 and the 6,000 square foot lot requirement for Lot 21 is hereby waived in accordance with City Code 42-11. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that ail public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot 6) shall be assessed against Lots 1 through 20 in equal amounts, and the City Manager shall cedify such costs to the City Clerk, who in turn shall promptly certify such costs to the County Treasurer, and such costs shall then be collectad with and in the same manner as general property taxes in accordance with provisions of law Section 7. That in the event Horizon Development' Group shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the Blat shall not be effective, Passed. approved and adopted this 1st day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis. City Clerk ACCEPTANCE OF RESOLUTION NO. 232-98 I, the undersigned, Charles V. Heath, President, having read the terms and conditions of the Resolution No. 232-98 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required thereto. Dated this 5th Bay of June, 1998. By Isl Charles V. Heath, President Hodzon Development Group Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel submitting ordinance regarding eligibility of City Employees to serve as a Board or Commission Member, presented and read. Voetberg moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Section 2- 42(h) City Code of Ordinances by adding thereto a prowsion that a Committee, Board or Commission member employed by the City shall be deemed removed from such office, presented and read. {OFFICIAL PUBLICATION) ORDINANCE NO. 38-98 AN ORDINANCE AMENDING SECTION 2-42(h] OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING THAT CITY EMPLOYEES ARE NOT ELIGIBLE FOR APPOINTMENT TO COMMITTEE, BOARDS AND COMMISSIONS BY ADDING THERETO A PROVISION THAT A COMMITTEE, BOARD OF COMMISSION MEMBER EMPLOYED BY THE CITY SHALL BE DEEMED REMOVED FROM SUCH OFFICE. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: Section 1. Section 2-42(h) of the City of Dubuque Code af Ordinances Is hereby amended to read as follows: (h) City employees are not eligible for appointment to any committee. board or commission. A committee, board or commission member employed by the City shall be deemed removed from such office as of the date of employment by the City. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 1st daybf;June, 1998. - Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 5th day of June, 1998. lt6/5 Mary A. Davis CMC. City Clerk Voetberg moved that the requirement that a proposed Ordinance be considered and voted om for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Markham. Motion carried 7-0. Voetberg ReRular Session, June 1, 1998 213 moved final consideration and passage of the Ordinance. Seconded by Markham. Motion corded 7-0. City Manager responding to Steve Mcoiman's re~.uest regarding overhead electrico[ wlnng on Clarke Drive, presented and read. Buol moved that the communicotion be received and filed. Seconded by Voetherg. Motion corned 7-0. City Manager recommending to dispose of properly at 642 University Ave and set bearing for 6-15-98, presented and read. Voetberg moved that the communication be received and flied. Seconded by Michalski. Motion corded 7-0. RESOLUTION NO. 233-98 RESOLUTION OF INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY, THE EASTERLY ONE-HALF [E ~,~) OF THE NORTHERLY ONE-HALF (N % ) OF LOT TYVELVE ['12) OF KELLY'S SUBDIVISION, IN THE CITY OF DUBUQUE IN THE COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. Whereas, the City of Dubuque~ purchased cedai: real property from Dubuque County; and Whereas. bids have been received from members of the general public in response to a solicitation to purchase. NOW THEREFORE, BE IT RESOLVE~) BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: Section 1. That tbe City of Dubuque, Iowa intends to dispose of its interest in the following legally--described property: The Eastedy One-Half (E %) of the Nod. hefty One-Half (N %) of Lot Twelve (12) of Kelly's Subdivision, in the City of Dubuque, in the County of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the above described real estate to Rick Steuer (Steuer Construction Company) for the sum of One Thousand Dollars ($1000.00). Section 3. That the City Council meet in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 7:00 pm on the 15th day of June, 1998, for the purpose of holding a public hearing and taking final action on the disposttion of the above describe reel estate in.the City of Dubuque, fowa. Section 4. That the City Clerk be and she is hereby authorized and directed to couse a notice of such public hearing and the City Council's intent to dispose of such properly to be published as prescribed under [owe Code Section 364.7, Passed, approved and adopted this 1st day of June, 1998. Terrance M. Duggan, Mayor At[est: Mary A. Davis, City Clerk Voatberg moved adoption of the Resolution and set this matter for public hearing on 6-15-98 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Michalski. Motion corried City Manager submitting bidding documents for Construction of South Fork Interceptor Sewer Extension project, presented and read. Voatberg moved that the commumcation be received and filed. Seconded by Buol. Motion corried 7-0. RESOLUTION NO~ 234-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE ]T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specificotions, form of contract and estimated cost for the South Fork Interceptor Sewer Extension - Phase in the estimated amount of $918,649.87, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this' 1st day of June, 1998. · Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved 'adoption of the Resolution. Seconded by BuoL Motion corrded 7-0. . .' · RESOLUTION NO. 235-98 ' 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, specificotions, and form of contract and placed same on file in the office of the City Clerk for public inspection oftbe South Fork Interceptor Sewer Extension - Phase II. NOW :.THEREFORE, BE - IT RESOLVED BY THE CITY COUNCIL' OF THE CiTY OF DUBUQUE, IOWA: Regular SesSion, June 1, 1998 That on the 6th day of July, 1998, 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 cast 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 headng, 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 1st day of June, 1998, Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 236-98 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the South Fork Interceptor Sewer Extension - Phase Ii is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED. that the amount of the security to accompany each bid shall be 'n an amoum which shall conform to the provisions of the notice [o bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids forthe construction of the improvements herein provided, to be published in a newspaper having general circulation in the Cffy 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 25th day of June, 1998. 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, 1998. Passed. adopted and approved this 1 st day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO, 237-98 Whereas. the City of Dubuque has been negotiating with the owners of record for right-of-way and easements necessary for the South Fork' Interceptor Sewer Extension - Phase and Whereas, the City of Dubuque has not been successful after reasonable attempts in its efforts to negotiate a sale and purchase pdce for the required right-of-way; and Whereas, the City of Dubuque finds and determines that eminent domain proceedings should be instituted to acquire the needed right-of-way and easemems. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Section 1 That eminent domain proceedings be instituted forthwith by the City of Dubuque, Iowa for acquisition of the following lots or portions thereof as follows: 1. Lot lA SE SW; Lot 1-1 SE SW; Lot 2 SE SW, Nl/2 NE SW, E 1/2 SW NE SW; SE NE SW, Nl12 NW SW; all in Section 34 T89N R2E 5th P.M. Dubuque County. Lot 2 of M.L. 278: Lot 1 of M.L. 275 and Lot 1-1-1 of M.L. 278 in Section 33 and Section 34 T89N R2E, 5th P.M. Dubuque County. 3. Lot 1-2-1-1 of M.L 278 and Lot 1-1 of M.L 282 all in Section 33 T89N R2E, 5th P.M. Dubuque County. 4. Lot 2-1 of M.L 282 in Section 33 T89N R2E 5th P.M. Dubuque County. 5. Lot 2-2 of M.L, 282 and Lot 1-2 of M.L 282 all in Section 33 T89N R2.E 5th P.M. Dubuque County. 6. M.L. 279; Lot 1 of M.L, 280; Lot 2 of M.L. 280: Lot 2 of SW NW all in Section 33 T89N R2E 5th P.M. Dubuque County. 7. M.L.-281 in Section 33 T89N R2E ' 5th P.M. Dubuque'County. and that the Corporation Counsel be directed to institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and alt things necessary and incidental to said eminent domain proceedings. =assed, approved and adopted this 1st cay of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. Reqular Session, JUne i, ~199~8-~ . At 8:52 p.m. Voetberg moved that it I Approved~'/~~ ,1998 De resolved to go into Closed Session ///~ .4/. -- In acc~ord, anca with Chapter 21.5 1.(j) Adopted ~"~-./~--'/~ , 1998 State L;ode of Iowa, 1997 as amended, .,,~,~ To discuss the pumhase of par~cuiar f /¢"/ / real estate where premature disclosure could be reasonably expected to / // Mayo~' increase the pdce the governmental '~./ D body would have to pay for that /F~-~.~ prop. erty. Seconded by BuoL Motion ~ ,~ carried 7-0. . tSJ. r~/~_ '~. Council reconvened Regular Session at 9:51 p.m. with statement that Staff had been given proper direction. There being no further business, Michatski moved to adjourn. Seconded by Voetberg. Motion carried 70. The meeting adjourned at 9:52 p.m. Is/Mary A. Davis CMC City Clerk Council Members City Clerk/ 216 Regular Session, June 15, 1998 DUBUQUE CITY COUNClL OFFICIAL PROCEEDINGS City Council, Regular Session, June 15, 1998. Council met at 7:00 P.M. Public Librar~ Auditorium. Presen[--Mayor Duggan, Council Members Buol. Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Mil[igen, Corporation Counsel Barry A. LindahL Absent-Council Member Voetberg Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon SUCh business which may properly come before the Council. Invocation was given by Rev. Lorans H[rsch, Pastor. Word of Life Chumh. PROCLAMATION -- June 20 as "Dollars Against Diabetes Day" MINUTES SUBMI'?J'ED Civil Service Commission of 4-13; Histodc Preservation Commission of 2-A, 2-12, 3-4, 3-12, 3-26, 4-9, 4-23, 4-28, 5-14; Housing Commission of 5-12; Long Range Planning Commission of 5-20: Zoning Board of Adjustment of 4-22 & 5-28, presented and read. Buol moved that the minutes be received and tiled. Seconded by Robbins. Motion carried 5-0. Proofs ~f Publication on Publishing Council Proceedings for meeting of 5- 18; Lis[ of Claims Paid and Summary of Revenue for month ending 4-30-98, presented and read. Buol moved that the proofs be received and filed. Seconded by Robbins. Motion carded 6-0. Printed Council Proceedings for month of March, 1998 for approval, presented for approval. Bual moved that the proceedings be approved as pdnted. Seconded by Robbins. Motion carded 6-0. Finance Director submitting Financial Report for month ending May 3I, 1998, presented and read. Buor moved that the communication be received and flied. Seconded by Robbins. Motion carried 6-0. NOTICES OF CLAIMS/SUITS -- Charlie Hosch in unknown amount for veh c e damages; Lavem G. Lex vs. City of Dubuque et al in unknown amount for personal injuries and property damages; Marion Mauer vs. City of Dubuque et al in unknown amount for personal injuries; Tom Uthe in amount of $47.70 for vehicle damages, presented and read. Buol moved thai the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carded 6-0. Corporation Counsel recommending denial of property damage claim of B & W Properties, presented and read. Buol moved that the communication be received and flied and approved denial. Seconded by Robbins. Motion carried 6-0 Corporation Counsel recommending settlemen[ of properly damage claim of Stonehill Community Association in amount of $165.00, presented and read. Buol moved that the communication be received and filed and settlement approved and directed the Finance Director to issue the proper check. Seconded by Robbins. Motion carried 6-0. Comoration Counsel advising fallowing claims have been referred to Public Entity Risk Services of Iowa, the agen[ for the iowa Communities Assurance Pool: Property damage of David & Ann Dm.deC Personal injury of Florence Rath; Personal injury of Charlotte A. Solarz, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 6-0. 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 examination on Apdl 28, 1998 for the positior of PUBLIC SAFETY DISPATCHER. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list. PUBLIC SAFETY DISPATCHER Thomas Berger Randall P. Ludowflz Angola R. Snyder Reqular Session, Jun~ i5, 1998 217 Rhonda K. Freiburger Respectfully submitted, Merle J. Duehr, Jr. Chairpemon Loras J. Kluesner Thomas E. Rawson Civi~ Service Commission Honorable Mayor and Members of the City Council In accordance with the Rules and Regulations established by the Civil Service Commission on October 14, 1996, we do hereby certify that the following have successfully passed the required exams and have attained the necessary certification for the position of "Medica! Officer" within the Fire Department. Wayne R. Dow David T. McQuiggen Joseph F. Snodgrass Lawrence S. Ewer[ Respectfully submitted, Merle J. Duehr, Jr. Chairperson l_eras J. Kluesner Thomas E. Rawson Civil Service Commission Buol moved that the above Civil Service certifications be made a matter of record. Seconded by Robbins. Motion carded The Finley Hospital requesting vacation of Allison Place which is located east of The Finley Hospital, running south from Delhi Street to College Street, presented and read. Buol moved that this matter be referred to the City Manager and staff. Seconded by Robbins. Motion carried 6-0. Zoning Advisory Commission advising of assessment of significant change for 777 Edwards Road. presented and read. Buol moved that the communication be received and filed. Seconded by Robbins_ Motion carried 6-0. Zoning Advisory Commission advising of their appreva[ of plat for preperty in Oberbroeckling Place. presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 238-98 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS I AND 2 OF OBERBROECKLING PLACE LOCATED IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk, the final plat of Lots 1 and 2 of Oberbroeckling Place located in Dubuque County, iowa; and Whereas, said plat has been examined by the City Planner and the Zoning Advisory Commission and has their approvals endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards. of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Section 2. That the City Council hereby waives the 60-foot lot frontage requirement for Let 2 because of a 40- foot roadway easement to Oakland Farms Road. Section 3. That the final plat of Lots I and 2 of Oberbreeckling Place in Dubuque County, Iowa is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, iowa, upon said final plat. Section 4. That in the event the owners shall fail to execute the acceptance within 180 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance and approval of the plat shall not be effective. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor At[est MaryA` Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 238-98 We, the undersigned Ronald L. Oberbreeckling and Joar A. Oberbreeckling, having read the terms and conditions of the Resolution No. 238-98 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 17th day of June, 1998. By: Is/Ronald L Oberbreeckling By: Is/Joan A_ Oberbreeckling Buoi movac adoption of the Resolution. Seconded by Robbins. Motion carded 6-0 City Manager recommending approval to enter into an agreement with Hillcreet Family Services for use of Murphy Park from November 1, 1998 Regular Session, June 15, 1998 through January 12, 1999. presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Robbins. Motion carried 6-0. City Manager providing an update on the plans for development of a rollerblading area and/or skateboard park, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0. City Manager recommending to fita an application for RISE funding with IDOT relating to a new street in Dubuque thdustdal Center West, presented and read. Buci moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 239-98 RESOLUTION APPROVING AN AGREEMENT FOR R.I.S.F_ FUNDING WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO DEVELOPMENT OF A NEW STREET IN DUBUQUE INDUSTRIAL CENTER WEST Whereas, the City of Dubuque has developed plans for the construction of a new street in the Dubuque Industrial Center West; and Whereas, the City has requested funding under the State of Iowa's R.I.S.E. (Revitalize Iowa's Sound Economy) program; and Whereas. the City's application was approved by order of the Transportation Commission on May 12, 1998: and Whereas, the Iowa Department of Transportation has prepared and subm~ed for City Council approval an agreement relating to the R.I.S.E. grant, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and necessary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Traosportatie~ Agreement for R.I.S.E. Funding, Agreement No. 98-R- 025, is neraby approved, Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute two copies of the Agreement on behalf of the City of I Dubuque and forward the executed copies to the owa Department of Transportation for their approval. Passed, approved and adopted this 15th day of June. 1998, Terranca M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0 City Manager recommending approval of Collective Bargaining Agreements for Dubuque Police Protective Association, Amalgamated Transit Union, International Union of Operating Engineers and Non- Bargaining Unit Employees, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 246-98 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCIATION, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth Genera[ Assembly adopted the Public Employment Relations Act, Chapter 20, Code of tawa; 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 Dubuque Po[ice Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association submitted a-- request to bargain collectively on behalf of the employees within its representation; and Whereas. bargaining ~etween 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 'Jbth day of June, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, Cit7 Clerk Buol .moved adoption of the Resolution. Seconded by Robbins. Reqular Session~ Jun6 151 1998- 219 Motion carried 6-0. RESOLUTION NO. 24'1-98 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth 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 t~ Public Employment Relations Act; and Whereas, the lntemational Union of Operating Engineers, Local #758 is an emplo, yee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758, submitted a request to bargain collectively on behalf of the employees within its representation; 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 DF 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 15th of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution_ Seconded by Robbins. Motion carded 6-0_ RESOLUTION NO. 242-98 APPROVING THE AGREEMENT BETVVEEN THE CITY OF DUBUQUE, IOWA AND THE AMALGAMATED TRANSIT UNION, LOCAL #329, AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations ACt, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a pubJic employer within the meaning of Section 3 (1) of the Public EmpJoyment Relations Act; and Whereas, the Amalgamated Transit Union, Local #329, is a~ empJoyee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Amalgamated Trans t Union Local#329, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the padJes 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 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk BuD] moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 243-98 APPROVING THE WAGE PLAN AND COMPENSATION PACKAGE FOR NON-BARGAINING UNIT EMPLOYEES Whereas, it has been the practice to provide a compensation package to non-bargaining unit employees similar to the compensation package to be received by bargaining unit employees; and Whereas, the proposed wage elan for non-bargaining unit employees represents an increase of 2.5 percent across the board effective July 1, 1998, which is consistent with the wage increase ID be received by three of the City's bargaining units. NOW. THEREFORE, BE IT RESOL~/ED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the wage plan and compensation package for non- bargaining unit employees is hereby approved. Passed, ap~reved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. City Manager recommending acceptance of Sanitary Sewer Improvements in J. George Subdivision, presented and read. Buol moved that the communication be received ~and filed. Seconded by Robbins. Motion carried 6-0. 220 Regular Session, June 15, 1998 RESOLUTION NO. 244-98 ACCEPTING SANITARY SEWER ON LOT 2 OF J. GEORGE PLACE Whereas, certain sanitary sewer improvements were installed by the developer of Lot 2 of J. George Subdivision; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Engineer and m 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: Section 1. That the recommendation of the City manager be approved and that said sanitary sewer improvements in Lot 2 of J. George Subdivision be and the same is hereby accepted. Section 2, That maintenance of said mprevements shall be the responsibility of the contractor and the owner for a period of two years from this date. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. City Manager recommending approval to submit to HUD a Local Lead Hazard Application, oresented and read. Buol moved thai the communication be received and filed. Seconded by Robbins. Motion carried RESOLUTION NO. 245~98 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO HUD FOR LEAD POISONING PREVENTION AND LEAD HAZARD AWARENESS OUTREACH GRANT FUNDS. Whereas, the City of Dubuque has a [ocat childhood lead poisoning prevention program; and Whereas, the HUD has made available funds for lead poisoning prevention and lead hazard awareness public education and outreach to local communities; and Whereas, the City of Dubuque proposes to provide education for primary prevention of lead poisoning and Icad hazard awareness to tenants, property owners, and landlords. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, iowa hereby approves the grant proposal to HUD. Section 2. That the City Manager or his designee is hereby authorized and directed to submit said grant proposal on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded Dy Robbins. Motion carried 6-0. City Manager recommending to submit an application through IDOT to help with construction of the Mississippi Riverwalk, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded RESOLUTION NO. 246-98 APPLICATION FOR RECREATIONAL TRAILS FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE MISSISSIPPI RIVERWALK PROJECT Whereas, the Iowa Department of Transportation has allocated grant funds for the development of recreational trails and facilities for pedestrians and bicycles; and Whereas, the City has an adopted Riverfront Plan which places high priority on hike/bike trail development along the Mississippi River; and Whereas, the City, the Dubuque County Historical Society, and the.. Dubuque Area Chamber of Commerce are collaborating on the America's River project, to develop world-class attractions along the Mississippi t~iver and the Ice Harbor. NOW THEREFORE, BE J IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the City Planner is hereby authorized to submit the resolution and the application to the owa Department of Transportation for Recreational Trail Funds for the Mississippi Riverwalk project. Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the financial Renu ar Session, June:Is, 1998 ~ 22 ] match required by this program should the application be approved by the Iowa Department of Transportation. Section 3. That in the event said application is approved, the City Council hereby provides written assurance that the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed project. Pe~sed, approved and adopted this 15th day of June, 1998, Torrance M. Duggan, Mayor Attest~ Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. City Manager recommending to submit an application to RISE funding to relocate an existing railroad spur line on Kerper Blvd., presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 6.0. RESOLUTION NO. 247-98 A RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION FOR A RAILROAD ECONOMIC DEVELOPMENT PROJECT FOR THE RELOCATION OF AN EXISTING SPUR LINE TO ASSIST THE RETENTION /EXPANSION OF EAGLE WINDOW & DOOR COMPANY. WHEREAS, the City of Dubuque believes that an immediate, nonspeculative opportunity for job retention and new job creation exists if sufficient acreage can be provided for Eagle Window & Door's planned expansion in the Kerper Boulevard Industrial Park; and WHEREAS, an existing & M Rail Link spur line serving Farmland Foods crosses lend that is neeqed for the Eagle Window 8, Door expansion; and WHEREAS, the relocation of the rail spur will continue lo serve Farmland Foods while providing sufficient acreage for the Eagle Window & Door project; and WHEREAS, without State RiSE assistance the project would have to be delayed, jeopard[ting the Eagle Window & Door project schedule; and years and not dismantle without the approval of the Iowa Department of Transportation the relocated spur line; an~d/vHEREAS, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) Railroad Economic Development program, has monies available for the development of railroads to support immediate economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa Department of Transportation for Rail RISE funding to relocate a spur line in the Kerper Boulevard Industrial Park. Section 2. That the City of Dubuque hereby certifies that the rail improvements wil) be owned and maintained by the City. Section 3. That the City of Dubuque hereby certifies_ that the City will guarantee project funding participation of at least twenty (20) Dement of total costs. Section 4. That the City Manager is authotized to sign, on behalf of the City Council, the application for Rail RISE funding. PASSED, APPROVED and ADOPTED this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 6~0. City Manager recommending to submit application to HUD for the Mainstream Program, presented and read. Buni moved that the communication be received and flied. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 248-98 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING MAINSTREAM PROGRAM Whereas, the C~ of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's qualifying disabled families; and Whereas, the City has continuously provided housing assistance to Section 8 Housing Program tenants, since VVHEREAS, the City of Dubuque will 1976; and - own, maintain for a minimum of ton Whereas, the U.S. Department of I Housing and Urban Deveiepment has 222 Regular Session, June 15, 1998 made funding available to encourage municinalities to implement innovative programs promoting the economic independence of lower-income [amilies. through cooperating efforts of the public and private sectors; and Whereas and in accordance with Section 403A.5 of the Iowa Code which states "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a repoK and recommendation on housing available within the community is made public by the muoicipatily or agency and is included in its recommendation for a housing project Recommendations must receive majoY~ approval from the oca[ govermng body before proceeding on the housing project." AND IN ACCORDANCE WITH Section 213(c) of the Housing and Community Development Act of 1974, which states in par[ that it must be determined whether or not there is a oeec for such housing assistance, taking into consideration any applicable State or areawide housing assistance plan as well as generally available data with respect to population, poverty, housing over- crowding, housing vacancies and substandard housing· An application may be approved only if this determination is in the affirmative; and Whereas, this application is consistent with the 1994 Comprehensive Housing Affardability Strategy for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF DUBUQUE IOWA: Section 1. The City of Dubuque has determined there s a need for additional for housing assistance for' persons wi~ disabilities and is knowledgeable of the szatus of available housing within the City as required by iowa Code and that major~/ approval of the proposed housing activity within the- C~'s jurisdiction is hereby granted. Section 2 This resolution is intended to serve as the City of Dubuque's tine; notice to me U.S. Department of Housing and Urban Development of sucn approval and that no adcr~onat comment will be made by the City of Dubuque on this mat[er. Section 3. The Mayor is authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for participation in the Section 8 Housing Mainstream Program. Section 4. The City of Dubuque Housing Commiss[o~ has conducted the necessary public headng regarding this application n accordance with requirements of Chapter 403.A.28 of the Code of Iowa, to review and/or approve or suggest modifications of the plans for program design and administration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward said applicatior, and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Development Passed. approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, C~ Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. Jim Bauedy submitting his resignation from Zoning Board of Adjustment effective August 1, 1998, presented and read. BuoJ moved that the communication be received and tiled and resignation accepted with regret Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 249-98 NOW, THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW ' Eagles Club# 568 Fraternal Order of Eagles #568 1175 Century Dr Passed. approved and adopted this 15th day ef June, 1998. Terranca M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Buol moved adoptior of the Resolution. Seconded by Robbins. Motion carried 6-C. RESOLUTION NO. 250-98 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 t~ the · sale of Cigarettes within the City of Requ ar Session, June 15, 1998 223 Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 36 RENEWALS A & B Tap Frickie LC 2600 Central Ave Airport Inn Ethel Schwartz 574 E 16th St Admiral's Hi-Hat Donald Meyer 253 Main St Arcon Inc. Arcon Inc 10 Main St Billy Bucks Bill Meyer 521 E, 22nd St Bodine's Jeff Demmer 1445 Central Ave Dempsey's & Molly's Pub Clifford Entpr. 395 W 9th St Diamond Jo Casino Greater DBQ Riverboat Ent 400 E 3rd St Dubuque Discount Gas Libby/Jeff Streinz 4110 Dodge St Dubuque Mining Co. Apartments LTD Corp 555 JFK(Kennedy Mi) Farmland Farmland (Armark Corp) 701 E 16th St Fischer Bowling Lanes Plastic, Inc. 880 Locust St Hammerhead Bar/Billiards Steve Wand 2095 Kerper Blvd. Iowa Potato/Produce Hs George Waddell 2600 Dodge St Knicker's Saloon Curtis Gerhard 2186 Central Ave Kwik Stop Food Mart Rainbo Oil Co 4039 Pennsylvania Kwik Stop Food Mar[ Rainbo Oil Co. 2320 Hwy 61 Kwik Stop Food Mart Rainbo Oil Co. 2360 Central Ave Kwik Stop Food Mart Rainbo Oil Co. 2255 Kerper Bird Kwik Stop Food Mart Rainbo Oil Co. 2297 University Ave Lounge Phillip Love 481 Locust St Luck3' "13" David Edckson 385 E 13th St Mi[k House on Grandview Sandra Michel 620 S Grandview Noonan's Tap Map/Lou Kamp 1618 Central Ave Oky Doky Foods# 1 TFM Co Oky Doky Foods # 2 Oky Doky Foods # 6 Oky Doky Foods#14 250W 1st St TFM Co 51 W 32nd St TFM Co 1256 Iowa St Kristina Chapman 1050 University Ave P.O.P.'s Gas Holiday Oil Co. 1685 JFK Rd P.O.P.'s Gas Holiday Oil Co. 1401 Central Ave Paul's Tavern Thomas Koch Tott's Tap White House Tap Windsor Tap 176 Locust St Positively 14th St Angola Mangeno 1401 Elm St Riverside Bowl Inc Riverside Bowl 1800 Hawthorne St Tott & C Meyer 3457 Jackson St David Hoffman 450 W Locust St G&Jlnc 2401 Windsor Ave Passed, approved and adopted this 15th day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 251-98 Wheraas, applications for Beer Permits have been subm~ed and filed to this Council for approval and the same have been examined and approved; and Whereas, the promises to be occupied by such applicants were inspected and found to comply ~ the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Sandra/Richard Michel Milk House On Grandview +(Sunday Sale) 620 S Grandview Jena Inc Oky Dok~ #15 +(Sunday Sale) 1101 Rhomberg CLASS "BE" BEER PERMIT Hy-Vee Inc. H¥-Vee Food Store +(Sunday Sale) 3500 Dodge St CLASS 'B' BEER (SPECIAL EVENT) Donna Ginter Catfish Festival +(Sunday & Outdoor Sale) Hawthorne St Passed, approved and adopted this 15th dayofJune 1998. Terrance M. Duggan, Mayor Attest: Mary A Davis, Cib] Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 252-98 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 224 Regular Session, June '15, 1998 inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE American Legion Post # 6 American Legion # 6+(Sunday Sale) 1306 Delhi St James R. Ferring Dubuque Lanes 1029 ~ Main St Creslanes Bowling inc. Creslanes Bowling+(Sunday Sa]e) 255 S Locust St Plastic Center, Inc. Fischer Bowling Lanes 800 Locust St Bemica M. Bauer B'Z Dart Inn +(Sunday Sale) 431 Rhomberg Ave Riverside Bowl Inc. Riverside Bowl Inc. +(Sunday/Outdoor Sale) 1860 Hawthorne St Thomas Koch Paul's Tavern +(Sunday Sale) 176 Locust St JDBS & SW LTD Hooligans Sports Bar (Extended Outdoor Ser) 2600 Dodge St CLASS "B"0NB) WINE PERMIT Creative Touch Gallery Inc Ooh La La 3460 Hillcrest Rd CLASS "C" SPECIAL (BW} BEER/WINE PERMIT Xiao-Mou Zhang Four Seasons Buffet+(Sunday Sale}3305 Asbury Rd Passed. approved and adopted this 15th day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 6-0. BOARDS AND COMMISSIONS: Individuals interested in serving on following Board/Commission to address the Council m express their desire to serve. CIVIC CENTER COMMISSION -- Applicants: Rod Bakke. Michael Brannon. No one spoke. HISTORIC PRESERVATION COMMISSION -- Applicants: Para Bradford 0A/llth St.) and Gall Naughtan (Jackson Park), Gall Naughton spoke. LONG RANGE PLANNING ADVISORY COMMISSION-- Applicants: James E. Gibbs. Gordon Mills. No one spoke. PARK & RECREATION COMMISSION -- Applicants: Chuck Duggan, Paul Hoffmann, Karen Lyness, Mark Sullivan. Paul Hoffmann spoke. APPOINTMENTS to the following Boards/Commissions: COMMUNITY DEVELOPMENT COMMISSION Sister Lynn Made. Fangmann representing Census Tract #10. Michalski moved that Sr. Lynn Marie Fangmann be appointed to an unexpired three year term which will expire 2-15-01. Seconded Dy Robbins. Motion carried 6-0. ZONING ADVISORY COMMISSION -- Eugene Bird, Jr., Robert Nagle, Carl Scherbdng, Jeff Stiles. Vote on the appointments was as follows: Buol voted for Nagle and Stiles. Duggan voted for Bird and Stiles. Markham voted for Bird and Stiles. Michalski voted for Bird and Nagle, Nicholson voted for Bird and Nagle. Robbins voted for Nagle and Stiles. There being no majodty a second vote was taken. Buol voted for Bird and Stiles. Duggan voted for Bird and Stiles. Markham voted for Bird and Stiles. Michalski voted for Bird and Nagle. Nicholson voted for Bird and Nagle. Robbins voted for Nagle and Stiles. Therefore, Eugene Bird Jr, appointed and Jeff Stiles reappointed to three year terms which will expire 7-1-01. Buol moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 5-0. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider disposing of city owned property at 642 University Avenue. and City Manager recommending to proceed with sale, presented and read. Buol moveu that the proof and communication be received and filed. Seconded by Markham. Motion carried 6-0. Rick Steuer, 450 Kaufmann. spoke requesting approval to purchase this property, RESOLUTION NO. 253-98 RESOLUTION APPROVING THE Re,qu ar Session, JUne 15, 19~8 225 DISPOSAL OF CITY-OWNED PROPERTY, SPECIFICALLY, THE EASTERLY ONE-HALF (E */~) OFTHE NORTHERLY ONE-HALF (N % ) OF LOT TWELVE (12) OF KELLY'S SUBDIVISION, IN THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 642 UNIVERSITY AVENUE. Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa, met on the 15th day of June 1998, at 7:00 p.m. in the Carnegie Stout Public Library Auditorium, 11th and Bluff Street, Dubuque, Iowa, to consider the proposal to dispose of City-owned real estate located at 642 University which property is legally described as follows: The Easterly One-Half (E %) of the Nodhedy One-Half (N ~) of Lot Twelve (12) of Kelly's Subdivision, in the City of Dubuque in the County Of Dubuque, Iowa, according to the recorded plat thereof. Whereas, such property is proposed to be sold to Rick Steuer/Steuer Construction in consideration of One Thousand Dollars ($1,000.00); and Whereas, the City Council of the C~ of Dubuque, Iowa, has overroled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, iowa, in the herein and above-named real estate to the above-named grantee. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque in the above-described property to Rick Steuer, Steuer Construction is hereby approved. · Sec~on 2. That the Mayor be and he ~s hereby authorized and directed to execute a Quit Claim Deed and that the City Clerk be and she is hereby directed and authorized to deliver such Deed, conveying the above described real estate to the above-named grantee. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. Proof of Publication cedified to by the' Publisher on Notice of Headng on Plans & Specs. for construction of Rocco Buda Park, presented and read. Buol moved that the proof be received and filed. Seconded by Michalski. Carried by the following vote: Yeas--Buol, Markham, Michalski, Nicholsan, Robbins. Nays--Duggan. Absent--Voetberg. RESOLUTION NO. 254-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 18th day of May, 1998, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the CONSTRUCTION OF ROCCO S. BUDA JR: PARK. WHEREAS, notice of heating on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE. BE 1T RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost ara hereby approved as the plans, si3ecifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resalution. Seconded by MichalskL Carried by the following vote: Yeas---BuoL Markham, Michaiski, Nicholson, Robbins. Nays--Duggan. Absant--Voetberg. Proof of Publication certified to by the Publisher on Notice to Bidders for Receipt of Bids for project and City Manager recommending to award contract for project, presented and read_ Buol moved that the proof and communication be received and filed. Seconded by Michalski. Carried by the following vote: Yeas---Buol, Markham, Michalski, Nicholson, Robbins. Nays--Duggan. Absent--Voetherg. RESOLUTION NO. 255-98 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for CONSTRUCTION OF ROCCO S. BUDA: JR. PARK pursuant to Resolution No. 216-98, and notice to bidders published in a newspaper published in the City of Dubuque, iowa, on the 29th day of May, 1998. 226 Regular Session, June 15, 1998 WHEREAS, said sealed proposals were opened and read on the 4th day of June, 1998, and it has been determined that the bid of BECKER AND SONS STONE in the amount of $85,420 was the lowest bid for the furnishings of ail labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to BECKER AND SONS STONE. 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 contractors bond, the Ctty Treasurer is authorized and instructed to retum the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A, Davis. City Clerk Buol moved adoptio, of the Resolution. Seconded by Michalski. Carded by the following vote: Yeas--Buol. Markham. Michalski. Nichoison. Robbins. Nays--Duggan, Absent--Voetberg. County Board of Supervisors requesting confirmation of individual from the Council to represent the City on the REAP Committee (Currently Joe Robbins), presented and read. Michalski moved that Joe Robbins be reappointed. Seconded by Nicholson. Motion carried 6-0. Paul Tabor, Vice-Chair of Environmental Stewardship Advisory Commission. regarding Deer Management Plan. recommending Council reconsider option of sharp shooting until one [1) season of bow hunting has been completed; Rita J. Stark supporting humane ways of dealing with the deer presence in the City; Jean Peterso~ objecting to possibly dec!adng "bow" season within city limits; City Manager submitting two (2) Ordinances regarding implementation of Deer Management Plan. presented and read. Robbins moved that the communications be received and filed. Seconded by BuoL Motion carried 6-0 Paul Tabor. of the Environmental Stewardship Comm. spoke giving specifics of the issue. An Ordinance Amending Section 33- 7 regarding hunting with Sow and Arrow; being allowed if the persons(s) is/are licensed by DNR and issued a permit bythe City of Dubuque during a designated huntin~ season (allowing bow hunting only), presented and read, (OFFICIAL PUBLICATION) ORDINANCE NO. 39-98 AN ORDINANCE AMENDING SECTION 33-7 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROHIBITING HUNTING WITH BOW AND ARROW BY ALLOWING HUNTING WITH BOW AND ARROW OF ANTLERLESS DEER BY PERSONS LICENSED BY THE IOWA DEPARTMENT OF NATURAL RESOURCES AND ISSUED A PERMIT BY THE CITY OF DUBUQUE DURING A DESIGNATED HUNTING SEASON. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ;',ITY OF DUBUQUE, IOWA: Section 1. Section 33-7 of the City.of Dubuque Code of Ordinances ~s hereby amended to read as follows: (a) It shall be unlawful for any pemen within the corporate limits offhe City to use any slingshot of any kind, or to willfully or carelessly throw any stone, stick or other missile in such manner as to hit. injure or endanger any person, or. window or other property, or for any person within the corporate limits of the City to hunt with a bow and arrow. (b) Ncthin§ herein shall prohibit the hunting with bow and arrow of antiefless deer during the period from October 1. 1998 through January 10, 1999 by persons licensed by the Iowa Department of Nature[ Resources and issued a permit by the City. Section 2. This Ordinance shall take effect upon publication. Sectior, 3. Paragraph (b) of this Ordinance shall be automatically repea{ed on January 11, 1999. Passed, approved and adopted this 15th day of June, 1998. Terrance M Duggan. Mayor Attest: Mary A. Davis, City Clerk Published officJally in the Telegraph Herald newspaper this 19th day of June, 1998. It 6/19Mary A. Davis CMC, City Clerk Robbins moved that the requirement that a proposed Ordinance be Reqular Session, June 227 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 Buol. Motion carried 6-0. Robbins moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 6-0. Robbins further moved to approve five recom- mendations of the Environmental Stewardship Advisory Commission to provide additional incentives for hunters. Seconded by Buol. Motion carried 6.0. City Manager recommending adoption of the final plat for Dubuque Technology Park and Revised Covenants for the Park, presented and read. Buol moved that the commumcafion be received and filed and recommendation approved. Seconded by MichalskL Motion carried 60. RESOLUTION NO. 256-98 A RESOLUTION APPROVING THE FINAL PLAT OF DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA. Whereas~ there has been flied with the City Cterk a final plat of Dubuque Technology Park in the City of Dubuque, Iowa; an(: Whereas, upon said final plat appear streets to be known as Digital Drive (Lot A), Data Court (Lot B), the southerly half of Lake Eleanor Road (Lot C) and Public Areas (Lots D and E), together with certain public utility and sewer easements, which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had the City Planner's approval endorsed thereon, subject to the owner agreeing to the conditions noted in Section 2 below; and Whereas, said finat plat has been examined by the Cit7 Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Digital Drive (Lot A), Data Court (Lot B), the southerly half of Lake Eleanor Road (Lot C) and Public Areas (Lots D and E), together with public utilities, sanitary sewer, drainage and pedestrian easements as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the final plat of Dubuque Technology Park is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public righta-of- way, including lots with multiple frentag~s, as required by City Code 41 - 161 through 41-164. No sidewalks shall be required, along U.S. Highway 61/151. The responsibility shall extend to all successors, heirs and assignees. Sidewalk instaIlafion will not be required untiI the development of the lot has been completed, except as required herein. Ail vacant lots shall have sidewalks installed upon development of 80% of the developable lots approved by the plat. Section 4. That the final acceptance of all public ~mprovements shall occur upon certification of the City Engineer to the City Council that ali public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by Cfb/ Council Resolufion. Passed, approved and adopted this 15th day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 256-98 I, the undersigned, Torrance M. Duggan, Mayor, City of Dubuque, having read the terms and conditions of the Resolution No. 256-98 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15th day of June, 1998. By/s/Terrance M. Duggan, Mayor Buol moved that the communication be received and flied. Seconded by Michalski. Motion carried 6-0. City Manager recommending to terminate lease with the Tri-state Veterans' Memorial Association, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. 2:28 Regular Session, June t5, 1998 Bill Delaney, Pres. of the Tri-State Veterans Assn. spoke requesting City maintain this memodal in the present form. RESOLUTION NO. 257-98 RESOLUTION TERMINATING LEASE AGREEMENT OF A SECTION OF MARSHALL PARK WITH THE TRI- STATE VETERANS' MEMORIAL ASSOCIATION, INC. WHEREAS. the City Council of the City of Dubuque, Iowa, met on the 21st day of August, 1995. and approved the Lease Agreement between the City of Dubuque and the Tri-state Veterans' Memorial Association. Inc., a copy of which is attached hereto and incorporated herein by reference; and WHEREAS. the Tri-state Veterans' Memorial Association, Inc.. wishes to terminate the Lease Agreement and donate the memorial to the City of Dubuque; NOW THEREFORE, BE IT RESOLVED BY THE Ct'PC COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between the City of Dubuque and the Tri-state Veterans' Memorial Association, Inc., a copy of which is attached hereto, is hereby terminated, effective the 16th day of June, 1998. Passed, approved and adopted this 15th day of June, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. City Manager submitting an Ordinance establishing a Tax Increment Financing District as part of the Swiss Valley Economic Development District Urban Renewal Plan, presented and read, Michalski moved that the communication be received and filed. Seconded by Nichoison. Motion carded 6-0. An Ordinance Providing that General Property Taxes levied and collected each year on property located withi~ Swiss Valley Economic Development District be paid to a special fund, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 40-98 , AN ORDINANCE PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SWISS VALLEY ECONOMIC DEVELOPMENT DISTRICT, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. Whereas, the City Council of the City of Dubuque, Iowa. after public notice and hearing as prescribed by law and pursuant to Resolution No. 212-98 passed and approved on the 18th day of May, 1998, ad~pted an Urban Renewal Plan (the Urban Renewal Plan') for an urban renewal area known as the Swiss Valley Economic Development District (the "Urban Renewal Project Area'), which Urban Renewal Project Area includes the lots and parcels located withi~ the area legally described as follows: Commencing as a point of reference at the intersection of the centerline of Central Avenue with Ruby Avenue, said point being the point of beginning: thence northeasterly along the centerline of Ruby Avenue to the centeriine ef Jackso~ Street; thence nor~hweaterly along the centeriine Jackson Street to the centerline Aquin Avenue; thence southwesterly along the centeriine of Aquin Avenue 308 feet more or less to the point of intersection with the easterly line of Lo! 112 Linehan Park Addition extended northwesterly; thence southeasterly 125 feet more or less to the northerly right-of-way line of the existing public alley; thence southwesterly along said right-of-way line to the centedine of Central Avenue; thence southeasterly along the centadine of Central Avenue to the paint of beginning, containing 12 acres more or less all in the City of Dubuque, Dubuque County, Iowa and any adjoining public right-of-way. Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa - in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Reqular Session, June 15, 1998 220 Urban Renewal Plan; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA; Section 1. That the taxes levied on the taxable property in the Urban Renewal Project Area legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and alt other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein (which certification is directed to be made on or before December 1, 1998), shall be allocated to and when collected be paid into the fund for the respec'dve taxing district as taxes by or for the taxing district into which all other property taxes are paid. Section 3. That portion of the taxes each year in excess of the base period taxes determined as provided in Section 2 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of .Dubuque, Iowa, to finance or refinance, m whole or in part, urban renewal projects undertaken within the Urban Renewal Project Area pursuant to the Urban Renewal Plan, except that taxes for the payment o~f bonds and interest of each taxing district shall be collected against all taxable property within thJe Urban Renewal Project Area without any limitation as bereinabove provided. Section 4. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment roll referred to in Section 2 of this Ordinance, all of the taxes levied and cellected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 5. At such time as the loans, advances, indebtedness, bonds an(: interest thereon of the City of Dubuque, Iowa referred to in Section 3 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urba~ Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 6. Ail ordinances or parts of ordinances in conflict with the )revisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be cons. tr.u. ed so as to fully implement the )ro'ns~ans of Section 403.19 of the Code of Iowa, as amended, with respect to the division of taxes from property within the Urban Renewal Project Area as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other prov~sions or application of this Ordinance which shall at all times be consb-ded to fully invoke the provisions of Section 403.19 of the Code of lewa with reference to the Urban Renewal Project Area and the territory contained therein. Section 7. This Ordinance shall be in effect after its final passage, approval and publieafian as provided by law. Passed, approved and adopted this 15th day of June, 1998. Terranea M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 19th day of June, 1998. It 6/l~[ttest: Mary A. Davis, City Clerk 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 >assed be suspended. Seconded by 230 Regular Sessiot~, June tS, 1998 passed be suspended. Seconded by Niche[son. Motion carried 6-0. Michalstd moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Zoning Advisory Commission advising of their approval to reclassify property in 2400 Block of Asbury Road from PR to OS District (request of Marry McNamer), presented and read. Buol moved that the communication be received and filed. Secondec by Robbins. Motion carried 6-0. An Ordinance Amending Zoning Map by reclassifying property in 2400 Bieck of Asbury Road (north of Clarke Drive. and Asbury Road) from PR Planned Residential District to OS Office Services District. presented and read. Buol 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 Robbins. Motion carried 6-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner 9rescribed by law. Seconded by F~obbins. Motion carried 6-0. Zoning Advisory Commission advising of their approval to reclassify property at 10901 and 10913 Key West Drive from AG to R-1 District (request of City of Dubuque), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 6-0. An Ordinance Amending Zoning Map by reclassifying properby at 10901 and 10913 Key West Drive from AG Agricultural Disthc~ to R-1 Single- Family Residential District, 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 Markham. Motion carried 6-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 6th day of July, 1998 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 Markham. Motion carried 6-0. City Manager submitting bidding documents for the Valentine Park Construction Project, presented and read. Michalski moved that the communication be received and filed. Seconded Dy Robbins. Motion carded 6-0. RESOLUTION NO. 258-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE iT RESOLVED BY THE CFF'¢ COUNCIL OF THE CITY OF DUBUQUE: IOWA: That the proposed plans, specifications, form of contract and estimated cost for the VALENTINE PARK CONSTRUCTION PROJECT, in the estimated amount of $280,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolutien. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 256-98 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 VALENTINE PARK CONSTRUCTION PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 6th day of Juiy, 1998, 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 hearing to be published in a newspaper having general circulation in the City of Dubueue, 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 Reqular Session, June 15~ 1~98 cost of the improvement. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins, Motion carried 6-0. RESOLUTION NO. 260-98 ORDERING BIDS BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the VALENTINE PARK CONSTRUCTION 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 biddem 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 construction of the improvements herein provided, to be published in a newspaper having general cJraulation 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 sa d bids at 2:00 p.m. on the 29th day of June, 1998. Bids shall be opened and read by the City Clerk at said time and v, qll be submitted to the Council for final action at 7:00 p.m. on the 6th day of July, 1998, Passed, approved and adopted this 15th day of June, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 6-0~ City Manager requesting to set a public hearing for July 6, 1998 to consider annexing approx. 102 acres of property to the City as requested by Frommeit Hasler, Inc. (located East of U.S. #52 and adjacent to and north of City Limits), presented and read. Robbins moved that the communication be received and filed and approved setting pubtic hearing for 7-6-98 at 7:00 p.m. in the Public Library Auditorium and directed the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 6-0. City Manager recommending Public hearing be set on July 6, 1998 to consider granting a public utility easement across City property for Hodge Transit Warehouse Company util~es, presented and read; Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 261-98 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF PUBLIC UTILITY EASEMENT OVER THE SOUTHERLY 20 FEET OF LOT 12, BLOCK 4 OF RIVERFRONT SUBDIVISION NO. 2 AND THE WESTERLY 14.5 FEET OF LOT tl, BLOCK 4 OF RIVERFRONT SUBDIVISION NO. 2 Whereas, the City of Dubuque is owner of Lots 11 and 12 of Block 4 of River Front Subdivision No. 2 in the City of Dubuque, iowa; and Whereas, Hodge Transit Warehouse Company has requested a perpetual public utility easement over and across the property as described in Exhibit A, attached hereto; and Whereas, the terms and conditions of this public utiity easement agreement are set forth in the grant of public utility easement and Exh b t A also attached hereto, and ncorporated herein by reference; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the grant of public utility easement shoutd be approved. 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 by grant of public utility easement in the southedy 20 foot of Lot 12, Bock 4 of Riverfrent Subdivision No. 2, and the westerly 14.5 feet of Lot 11 Block 4 of Riveffrant SubdivisiOn No. 2 in the City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan; Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution and set this for public headng on 7-6-98 at 7:00 p.m in the Pub c Library Auditorium and that the City Clerk publish notice in the manner 3rescribed by taw. Seconded by 232 Regular Session, June 15, 1998 Robbins. Motion carried 6-0. City Manager requesting approval of various documents and that a public headng be set to consider disposing of city-owned property near Jackson St. and Euclid Ave. to Swiss Valley Farm, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 262-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF JACKSON STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 11,' 1998. prepared by Ameer Engineering Associates, Inc., describing the proposed vacated portion of Jackson Street; and Whereas, said plat conforms to the aws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated, May 11, 1998, prepared by Ament Engineering Associates, Inc., relative to the real estate hereinabove described by and the same rs hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, owa. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 263-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED EUCLID AVENUE AND ALLEY NORTH OF EUCLID AVENUE FROM JACKSON STREET TO CENTRAL AVENUE Whereas, there has been presented to the Cffy Council of the City of Dubuque, owa. a plat dated June 4, 1998, prepared by Ameer Engineering Associates. Inc. describing the proposed vacated portior of Euclid Avenue and alley north of Euclid Avenue from Jackson Street to Central Avenue; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE JT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 4, 1998, prepared by Ameer Engineering Associates. Inc. relative to the real estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque rese~es unto itself a perpetual easement including the right of ingress and egress thereto, for the ~urpose of erecting, installing,., constructing, reconstructing, repa~nng, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. ~otion carried 6-0. An Ordinance Vacating Euclid Avenue from Jackson St. to Central Ave., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 4t-98 ORDINANCE VACATING EUCLID AVENUE FROM JACKSON STREET TO CENTRAL AVENUE Whereas, Swiss Valley Farms, Company has requested the vacating of Euclid Avenue from Jackson Street to Central Avenue; and Whereas; Ameer Engineering Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Euclid Avenue from Jackson Street to Central Avenue and assigned lot numbers thereto, which hereinafter shall be known and descdbed as Lot 92A iA Linehan Park Addition in the City of Dubuque. Dubuque County, Iowa: Whereas. the City Council of the City of Dubuque, Iowa has determined that Euclid Avenue from Jackson Street to Reqular Session, June 15, 1998 Central Avenue is no longer required for public use, except for utility easements as noted, and vacating of said portions of Euclid Avenue from Jackson Street to Central Avenue know~ as Lot 92A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE ClTY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 92A in Linehan Park Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itsaff a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constru~ing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of June, 1998. Attest: Mary A. Davis, City Clerk It 6~23 Michalski moved that the mquirament that a pmpesad 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 Nichoison. Motion carried 6-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Nichoison. Motion carred 6-0. An Ordinance Vacating alley North of Euclid Avenue from Jackson SL to Central Ave., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 42-98 ORDINANCE VACATING AN ALLEY NORTH OF EUCED AVENUE FROM JACKSON STREET TO CENTRAL AVENUE Whereas, Swiss Valley Farms, Company has reouested the vacating of an alley north of Euclid Avenue from Jackson Street to Central Avenue: and Whereas; Ament Engineering Associates, Inc, has prepared and submitted to the City Council ~ plat showing the vacated potion of an alley north of Euclid Avenue from Jackson Sb'eet to Cern'al Avenue and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 105A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa; VVhereas, the City Counclt of the City of Dubuque, Iowa has determined that an alley north of Euclid Avenue from Jackson Street to Cenfzal Avenue is no longer required for public use, except for utility easements as noted, and vacating of said portions of an alley north of Euclid Avenue from Jackson Street to Central Avenue known as Lot 105A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the real estate described as Lot 105A in Linehan Park Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repainng, owning, operating, and maintafning water, sewer, drainage, gas, telephone, tv. cable, and etecthc lines as may be authorized by the City of Dubuque, iowa. Passed, approved and adopted this 15th day of June, 1998, Terrance M. Duggan, Mayor Attest: MaryA: Davis, C~ty Clerk Published officially in the Telegraph Herald newspaper this 22nd day of June, 1998. It 6/22 Attest: Mary A. Davis, City Clerk 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 Nichoison. Motion carred 6-0. Michaiski moved final consideration and passage of the Ordinance. Seconded by Nichcison. Motion carried 6.9. An Ordinance Vacating portion of Jackson St., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 43-98 ORDINANCE VACATING A Regular Session, June 15, 1998 PORTION OF JACKSON STREET Whereas, Swiss Valley Farms, Company has requested the vacating of a portion of Jackson Street; and Whereas; Amerd Engineering Associates, Inc. has orepared and submitted to the City Council a plat showing the vacated portion of Jackson Street and assigned lot numbers thereto, which hereinafter shall be known and descdbed as Lot 58A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Jackson Street is no longer required for public use, except for utility easements as noted, and vacating of said portions of Jackson Street known as Lot 58A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 58A in Linehan Park Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passe(:, approved and adopted this 15th day of June, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 22nd day of June, 1998, Attest: Mary A. Davis, City Clerk 1 t 6/22 Michalski moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended. Seconded by Nicholson. Motion carded 6-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 264-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 58A, LOT 92A AND LOT 105A IN LINEHAN PARK ADDITION DUBUQUE, IOWA Whereas. the Swiss Valley Farms has requested the vacating of Euclid Avenue and an alley north of Euclid Avenue from Jackson Street to Central Avenue and a portion of Jackson Street 117.68 feet northerly of Ruby Street; and Whereas, Ament Engineering Associates, Inc. as prepared and submitted to the City Council a plat shewing the vacated portion of Euclid Avenue anc an alley north of Euclid Avenue from Jackson Street to Central Avenue and a portion of Jackson Street 117.68 feet northerly of Ruby Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 58A, Lot 92A and Lot 105A in Linehan Park Addition in the City of Dubuque, Iowa; and Whereas. the City Council of the City of Dubuoue Iowa has determined that Euclid Avenue and an alley north of Euclid Avenue from Jackson Street to Central Avenue and a portion of Jackson Street 117.68 feet northerly of Ruby Street is no longer required for public use, except for utility easements as noted, and vacating and sale of said po~ons of alleys and streets known as Lot 58A, Lot 92A and Lot 105A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa should be approved. 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 in Let 58A, Lot 92A and Lot 105A in Linehan Park Addition in the City of Dubuque, Iowa Section 2. That the conveyance of Lot 58A. Lot 92A and Lot 105A in Linehan Park Addition in the City of Dubuque, Iowa to the Swiss Valley Farms, Company be contingent upon the payment of $3.00, plus platting, publication and filing fees provided that Swiss valley Farms Company shall pay to the City of Dubuque the sum of $13.457.00 should the Company not create twenty new jobs within three years of the date of this Resolution. Conveyance shah be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, . construct!ng, reconstructing, repamng, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as indicated on the plats thereof, Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 15th day of June, 1998. Terrance M. Duggan, Mayor Reqular Session, June 15, 1998 235 Attest: Mary A. Davis, City Clerk Michaiski moved adoption of the Resolution and further set this for public heedng on 7-6-98 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 6-0. City Manager requesting public hearing be set for July 20, 1998 to consider disposing of property in Dubuque Technology Park to McLeedUSA Network Services, Inc.. presented and reed. Buol moved that the communication be received and flied. Seconded by Markham. Motion carded 6-0. RESOLUTION NO. 265-98 RESOLUTION ("l) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OFFEPJNG PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPER'FY; (2) DETERMINING THAT THE PROPOSAL SUBMI't It=O BY MCLEODUSA NETWORK SERVICES, INC., SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE DEVELOPMENT AGREEMENT WITH MCLEODUSA NETWORK SERVICES, INC. tN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMt I I ~-g; AND (3) SOLICITING COMPETING PROPOSALS Wherees, the City of Dubuque, Iowa, did on April 7, 1997, adopt an Urban Renewal Project known as the Dubuque Industrial Center South Economic Development District (the 'Plan') for the urban renewal area described therein; and Whereas, such Plan provides for, among other things, the disposition of properties for private development purposes as a proposed renewal action; and Whereas. McLeedUSA Network Services, lnc. (the "Developer") has submitted to the City a specific proposal for the acquisition of certain property hereinafter described for the development of telecommunications switching facility, together with the request that this property be made avaiiabie for disposition as rapidly as possible; and Wherees. in order to establish reasonably competitive bidding procedures for disposition of the property in accordance with the statutory requirements of Chapter 403 Code of Iowa, 1997, particularly Section 403.8. and to assure that the City extends a fall and fair opportunity to ail developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the property offering has been prepared and is attached hereto as Exhibit "A" and by this reference is made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to qual~ for consideration with respect to the compe~dve criteria, the information and documents which must be submitted. and the schedule for submission and competitive bid-off procedures; and Whereas, said Developer has tendered Development Agreement which the C~'y, attached hereto as Exhibit "B", which proposes the development of a telecommunications switching facility on this property; and Whereas, to both racegnize the firm proposal for disposition of the property already received by the City. as described above, and to give full and fair opportun[[7 to other developers interested in submitting a proposal for development of the property, this Council should by this Resolution: 1) Set the Fair Market Value of the parcel as determined by an independent appraiser for uses In accordance with the Urban Renewal Plan; 2) Approve the Guidelines for Developers for the Dubuque industrial Center South Economic Development Disfl'ict Urban Renewal Plan Area for submission of proposals for the purchase and development of the property and the minimum requirements and compe?.ti?.e criteria ~ttached hereto as Exhibit A; 3) Approve as to form the Deve[oper's proposed Development Agreement attached hereto as Exhibit 4) Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each proponent to better its proposal and set a cutoff time for such modification; and provide for review of such proposals .~th recommendations to this Council m accordance with established procedures; 5) Declare that the proposal subn:~itted by the Developer satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the 236 Regular Session, June 15, 1998 Development Agreement and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any would be competitors of the opportuni~ to compete for purchase of the property for development on the terms and conditions set out above; 7) Declare that in the event another qualified proposal is time~, submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Wheceas, this Council believes it is in the best interest of the,City and the Plan to act as expeditiously as possible to offer this proper~y for development as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described property shall be offered for development in accordance with the terms and conditions contained in this Resolution, to wit: Lot 12, Block 2 of Dubuque Technology Park, in the City of Dubuque, Dubuque County, Iowa. Section 2, That the Fair Market Value of the properly shall be $76,230 per buildable acre which is as recommended in the June 9, 1998 appraisal report prepared by the Robert Felderman of Felderman Appraisals. Section 3. That it is hereby determined that in order to qualify for consideration for selection each Developer must submit a p.roposal which meezs these minimum requirements: a) Contains an agreement to acquire the property at not tess than the Fair Market Value for use in accordance with the Plan; b) Is for the development of the properly for use by expanding and new businesses in conformance with the Plan and is not for speculative development: c) Includes a construction schedule in which the construction of approximately 10,000 square feet of building space is substantially complete on or before the 15th day of February, 1999; d) Sets out or provides through other means acceptable to the City the' proposed developer's experience in working with other development projects and with construction; and e) Sets out or provides through other means acceptable to the City the experience of the principals and key staff who are directly engaged in performance of contract obligations in carrying out projects of similar scale and character. Section 4. That it is hereby determined that each proposal which satisfies the minimum requirements as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following competitive criteria: a) Quality of the proposal 1) The overall cost of the project; and 2) The types of materials shown for construction of the structure. b] Amhitectural design of the proposed development 1) Compatibility of the design with surrounding structures, vistas, vehicular activities and future development of adjacent property; 2) The functional design of the site, structure and all public spaces: and 3) The aesthetic quality of the development. c. Economic feasibtiity of the propceed development 1) The ~cenomio return to the community provided by the proposed development including, but not limited to, the property and sales tax generated, the number of jobs provided and the encouragement of similar and relatad development in the urban renewal district; and 2) The ability of the prospective developer to finance and complete the project as proposed. Section 5. That the proposed Development Agreement by and between the City and Developer, be and is hereby approved as to form for the purposes hereinafter stated. Section 6. That for the purpose of defining the offedng of the property for development, said Development Agreement shall be deemed to be illustrative ~f the terms acceptable to the City with respect to: a) Purchase price; b) Conveyance of property; c) Required minimum improvements; d) Timing of improvements; e) City participation; ~ Covenants; g) Events of Default and Remedies; and h) General terms end provis~ens provided, however, that each comoeting proposal and contract shall be permitted to: a) Devise and report its own :~esign for development so long as the minimum requirements set out in Exhibit "A" are met; b', Devise and report its own method Reqular Session, June 15, 1998 237 and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely manner; and c) Allow taking possession of the property to be delayed for up to six (6) months after the execution of the conbact. No other substantive deviati~es will be perm~ed. Section 7. That the proposed Development Agreement subm~ed by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are I~meiy submitted, that the City enter into said Agreement is hereby accepted and approved. Section 8. That it is hereby determined that the Developer possesses the qualificsfions, financial resources and legal ability necessary to acquire and develop the property in the manner proposed by this offedng in accordance wffh the Plan. Section 9. That it is hereby determined that the disposition price for the property offered to the Developer shall be in the amount of the Fair Market Value as established by this Council for uses m accordance with the Plan. Section 10. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submffted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 11. That the action of this Council be considered to be and does hereby constitute notice to all cencemed of the intention of this Counoii, in the event that r~o other qualified proposals are timely submitted, to accept the proposal of the Developer to acquire and develop the property and to enter into the Development Agreement by and -' between the City and Developer. Section 12. That the off(rial notice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to enter into the Development Agreement by and between the City and the Developer, shall be a t~"ue copy of this Resolution~ but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Teie re h Herald, a newspaper having a general cimu ation I in the community, by publication of the text of this Resolution on or before the 1 ~th day of June, 1998, Section 14. That written proposals for the sale and development of the property will be received by the City Manager or his designated staff member at or before 10:00 a.m., July 20, 1998. Said proposals will be received in the Office of the City Clerk, located on the first floor at City Hall, Dubuque. Iowa 52001. Each proposal will be ooened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on July 20, 1998. Said proposals will then be presented to the City Council at 7:00 p.m., July 20, 1998, at a meeting to be held in the Auditorium of the Carnegie Stout Public Library, Dubuque, Iowa. Section 15. That such offering shall be in substantial conformance with the provisions of Section 403.8 Code of low'~_, requiring 'reasonable competitive bidding procedures" .as are hereby prescribed which method is hereby determined to be the appropriate method for making the Property available for development. Section 16, That the- required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 17. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the property from the City Manager or his designated staff member at the date and accerding to the procedure hereinabove specified for receipt of such proposals and to proceed at such time t~ formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal which satisfies these requirements, th~ Council shall judge the strength of the proposal by the competitive criteda established hereinabove. The Council shatl then make the final evaluation and seisctio~ of the proposals. Section 18. That following receipt of jcempeting proposals, the Developer shall have until 10:00 a.m. on July 27, 1998, to amend its proposal in RegularSession June 15, 1998 response and to deliver same to the City Clerk Section ,19. That if, and only if, competing proposals are received and determined by the Council to meet the minimum requirements of this Resolutior,, and the Developer amends its proposal in response thereto, such Council shall forthwith schedule a meeting within seven (7) days after July 27, 1998. at which meeting there shal~ be a bid-off, each proposal against the other, seriatim starting with the second proposal received until such time as each proponent for the sale of the property shall decline to improve its bid m response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid--off period and shall be absolute. Section20. That ir the event another qualified proposal is time y submitted and accepted by the C ty, another and further notice shall be oublished of the intent of the City of Dubuque, Iowa, to enter into the resulting contract, as required by law. Passed, approved and adopted this 15th day of June. 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, Cit7 Clerk Buol moved adoption of the Resolution and fur[her set it for public hearing on 7-20-98 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 Markham. Motion carried 6-0. Council Members Attest: ./] City Clerk At 7:59 p.m. BuoI moved to go into Closed Session In accordance with Chapter 21.5 1.(j) State Code of Iowa, 1997 as amended, To discuss the purchase of :)articular real estate where premature disclosure could be reasonably expected to increase the price the governmental body wouid have to pay for thst property. Seconded by Michalski. Motion carried 6-0, At 8:43 p.m. Council reconvened Regular Session with statement that Staff had been g~ven direction. There being no further business, Buol moved to adjourn. Seconded by Robbins. Motion carried 6-0. The meeting adjourned at 8:44 p_m, ts/Mary A. Davis CMC City Clerk