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1998 July Council ProceedingsReqular Session, July 6, 1998 239 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, July 6, 1998 Counei~ met at 7:00 p.m., Public Library Auditorium. Present Mayor Duggan, Council Members Buol, Markham, Mieheiski, Nichalson, Robbins, Voetberg, City Manager Miehae] Van Mliligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Count'] called for the purpose to act upon such business which may propody come before the Council. Invocation was given by Father Thomas Rhomberg. Dick Landis presented a "Key from the City of Handan" to the Mayor & CH of Dubuque. MINUTES SUBMI'Ci-ED - Cable Teleprogremming Comm. of 6-8; Cable TV Regalatsry Comm. of 6-17; Civil Service Comm. of 6.29; Environmental Stewardship Advisory Commission; Five Flags Comm. of 6.15; Housing Code Appeeis Board of 4-21; Housing Comm. of 6-9; Housing Commission Trust Fund Committee of 6.16 & 6-18; Human Rights Comm. of 5-11; Long Range Planning Comm. of 6-17; Public Library Board of Trustees of 4-23; Zoning Advisory Comm. of 6-3, presented and read. Voetberg moved that the minutes be received and filed Seconded by Buei. Motion carriec 7-0. Printed Council Proceedings for months ofApdl & May, 1998, presentec and read. Voetberg moved that the proceedings be approved as printed. Seconded by Buol. Moron carded 7-0. Proof of Publication certitied to by the ~ublishe~ on List of Claims & Summary of Revenues for month ending May, 1998, presented and read. Voetberg moved that the proof be received and tiled. Seconded by Buo]. Motion carded 7-0. NOTICES OF CLAIMS/SUITS David Bimh in amount of $111.30 for vehicle damages; Sheriiynn S. Borgstahl in amount of $10,000 for personal injuries; Laura Lee Degenhardt in est. amt. of $220.20 for vehicle damages; Patricia Heiberger appealing pmporty damage claim which occurred in 1996; Mildred Hoerner in unknown amount for injudss; Lance L. Knabel in amount of $769.57 for Yehicie damages; Pat McClain in amount of $870.11 for vehicle damages; Dennis Riehey in amount of $60.00 for vehicle damages; Edn Riss in unknown amount for vehicle damages; Mary Robbins in unknown amount for vehicle damages; OCWEN Federal Bank FSB vs. City of Dubuque et al advising of foreclosure of mortgaged property, presented and read. Voetber~ moved that the claims and suits'be referred to the Legal Staff for inve~gation and report. Seconded by BuoJ. Motion cardec 7-0. Jeff Mathewson advising of a claim in the amount of $2217.41 for damages suffered during the construction of Lincoln Ave., presented and read. Voetberg moved that the claim be referred to the Legei Staff for investigation and report. Seconded by Buei. Motion carried 7-0. Corporetion Counsel edvi.~ng vehicle damage claims of Tom Uthe and Cberiie Hesch have been forwarded to Tsehiggfde Excavating fo[ handling and therefore are administratlvaly closed, presented and read. Voetberg moved that the communication be received and flied. Seconded by Buei. Motion carried 7-0. REFUNDS REQUESTED - Holiday Inn, $100.00 on. unused Cigarette Permit, presented and read. Voetberg moved that the refund be approved and Finance Director to issue check.. Seconded by Bual. Motion carried 7-0. Honorable Mayor and Members of the CH Council In acccroance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted an entry level written examination on May 6, 1998 for the position of Park Ranger. We hereby cer~ that the following individuals have passeo the wdt[en examination and the vacancy for this position should be made from this list_ We further state that this list is good for ' two (2) years from the above oa[e. 240 Regular Session, July 6, 1998 PARK RANGER Shawn Claussen Kad Stdngaam Stanley Ryan Nicholas Bibb Jori Herdg Led Hilby Shawn Stewart Jason Hoerner Respectfully subm[ttad, /si Mede J. Duehr, Jr. Chairperson /s/Lores J. Kluesner Is/Thomas E. Rawson Keith Gednalsld Christopher Schultz Tony Toigo Samantha Humke Donald Weig Kevin Esser Jeffrey Rapp CMl Service Commission Voetberg moved that the above codification be made a matter of record. Seconded by Buol. Motion carded 7-0. Nathan & Nicole Hoffmann reque~ng vacation of property at 28th St. & Brunswick, presented and read. Voetberg moved that this matter be referred to the City Manager and staff for investigation and report. Seconded by BuoL Motion carded 7-0. John F. Kennedy School parents, principal and Staff reaueeting reeol~on to some concerns In regard to the c'~ streets in their school area, presented and read. Voetberg moved that this matter be referred to the City Manager and staff for investigation and report. Seconded by Buol. Motion carded 7-0. Venture Stores advising ef an add~onal 14 day petiod to July 15, 1998, before final liauidation will occur, presented and read. Voetberg moved that the communication be received and ti[ed Seconded by Buol. Motion carded 7-0. Richard J. Bedting requesting vacating and purchase of an alley adjoining to the east of their property at 295 South Hill St, presented and read. Voetberg moved that this matter be referred to the City Manager and staff for investigation and report. Seconded by BuoL Motion carded 7-0. City Manager submitting amendment to DRA Lease Agreement, presented and read. Voetberg moved that the communication be received and tiled. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 266-98 RESOLUTION RESCINDING RESOLUTION NO. 82-98, AND APPROVING SIXTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CFf'Y OF DUBUQUE, IOWA, AND THE DUBUQUE RACING ASSOCIATION, LTD. Whereas, the City of Dubuque Iowa (City) aaa Dubuque Racing Association, Ltd. (Association) entered into a written Lease Agreement on February 28, 1990. which Lease Agreement has been amended from time to time; and Whereas, it is necessary to further amend certain provisions of the Lease Agreement; and Whereas, Association and City now desire, pursuant to the Lease Agreement, to amend the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Reeolution No. 82- 98 is hereby rescinded. Section 2. That the Sixth Amendment te the Lease Agreemen[ between City and Association is hereby approved, and the Mayor is authorized and directed to sign the Sbcb'q Amendment on behalf of the City. Passed, approved and ~doptad this 6th day of July, 1998. Torrance M. Daggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Reeol~on. Seconded by Buol. Motion carded 7-0. City Manager requesting approvaJ of easement agreements with Railroad Company relating To constructior of sanitary sewer, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried7-0. RESOLUTION NO. 267-98 RESOLUTION APPROVING THREE EASEMENT AGREEMENTS WITH CHICAGO, CENTRAL AND PACIFIC RAILROAD COMPANY RELATING TO CONSTRUCTION OF SANITARY SEWER LATERAL FOR THE COUNTY FARM INDUSTRIAL SITE SANITARY SEWER PROJECT Whereas, the City of Dubuque has developed plans for the laying of a sanitary sewer in conjunction with the County Farm Industrial Site Sanitary Sewer Project which crosses property owned by the Chicago, Central and Pacific Railroad Company; and Whereas, the Chicago Central and Pacific Railroad Company has prepared three Easement Agreements Reqular Session, July 6, 1998 241 stipulating the terms and conditions of their approval for the construction of said sanitary sewer crossings across railroad property; and Whereas, the City approves the terms and conditions of said Easement Agreement NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the three Easement Agreements w~ the Chicago Central and Pacific Railroad Company relating rD the construdiJon of a sanitary sewer crossing railroad property for the County Farm Industrial Site Sanitary Sewer Project be approved. Section 2. That the Mayor be authorized and directed m execute copies of the three agreements with the Chicago, Central and Pacific Railroad Company. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Rssalution. Seconded by Bual. Motion carded 7-0. City Manager recommending to refer to Long Range Planning Advisory Commission the request from Dubuque Community School Beard to participate as a sponsoring organization for a sedes of public dialogues, presented and read. Voetberg moved that the communication be 'eceived and flied and approved recommendation. Seconded by Bual. Motion carded 7-0. City Manager recommending continuation of the State contract for food sarvlce establishments, food establishment, hotei and vending machine sanitation inspections and authorization to execute, presented and read. Voetberg moved that the communication be received and Zed and approved the recommendation. Seconded by Budi. Motion carded 7-0. City Manager recommending approval to renew Law Enforcement Center Building Agreement with County Board of Supervisors, presented and read. Voetberg moved that the communication be received and filed. Seconded by Budi Motion carried 7-0. RESOLUTION NO. 268-98 A RESOLUTION APPROVING THE EXTENSION OF THE JOINT COUNTY~CITY LAW ENFORCEMENT CENTER BUILDING AGREEMENT. Whereas, on June 12, 1972 the Dubuque County Board of Supervisors and the City of Dubuque entered into an agreement for joint construction and administration of the Law Enforcement Center; and Whereas, that 25-year agraemen[ has expired and it is necessary to enter into an agreement to renew the commitment of Dubuque County and the City of Dubuque to the Law Enforcement Center. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA approves and authorizes the City Manager to sign the Joint County\Ck'y Law Enforcement Center Building Agreement attached hereto. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis. CityClerk Voatberg moved adoption of the Resolution. Seconded by Budi. Vlofion carded 7-0. City Manager recommending changing the project completion date to June 26, 1998 for the North End Neighborhood Council/Dubuque County Extension Neighborhood Support Grant, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. City Manager recommending acceptance of Traffic Signal installation at 17th & White Streets, presented and read. Voetberg moved ~at the communication be received and flied. Seconded by BUD[ Motion carried 7-0_ RESOLUTION NO. 269-98 ACCEPTING IMPROVEMENT Whereas, the contract for the 17th and White Street Traffic Signal Installation has been completed and the City Manager has examined the work and tiled his ceKdficate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby 242 Regular Session, July 6, 1998 directed to pay to the contractor from the Street Construction Fund in amount equal to the amoun[ of his contract, [ess any retained pementage provided for therein. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CittClerk Voetberg moved adoption of the Resolutlon. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 270-98 FINAL ESTIMATE Whereas. the contract for the 17th and White Street Traffic Signal [nstallation has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of ectmates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined [o be $26,098.65 and the said amount shall be paid from the Street Construction Fund of the City of Dubuque, Iowa. Passe~, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 271-98 ~IOW, THEREFORE, BE 17 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the following having complied with the provisions of law relctng to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 9 RENEWALS B'z Dart inn Bernice M. Bauer 431 Rhomberg Ave Freddy's King of Clubs Joan LuGrain Galaxies Goetz's Happy's Place 1902 Central Ave Dennis/Linda Murray 3203 Jackson St James Goelzinger 2776 Jackson St P.M.S.T. lnc 2322 Rockdale Ave Instant Replay Bar/Grill Pam Arensdorf 1602 Central Ave Mickey's Pub Wm McDonald 600 Central Ave Ten Pin Tap Delores Weber 601 Rhomberg Ave Wheelhouse Dubuque Yacht Basin 1630 E 16th St Passed, approved and aoopted this 6th day of July, 1998. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution_ Seconded byBuol. Motion carried 7-0. RESOLUTION NO. 272-98 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 inspected and found to comply with the Ordinances of this City and have f'ded 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 Krictna L. Chapman Oky Dok~ # 14 +(Sunday Sale) 1050 University Ave Mulgrew Oil Co. JFK Amoco Foodshop +(Sunday Sale) 1701 JFK Rd CLASS "BE" BEER PERMFi- Jean A. AJthaus Family Beverage Center +(Sunday Sale) 3400 Central Ave Passed, approved and adopted this 8th dayofJuly, 1998 Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 273-98 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 suc]' applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: That the Manager be author'czed to cause to be issued the [allowing named applicants a Liquor License. CLASS "C" (COMMERCIAL) Reqular Session~ July 6, 1998 239 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Counc~, Regular Session, July 6, 1998 Counc~ met at 7:00 p.m., Public Librs~J Auditorium. Present. Mayor Duggan, Council Members Buol, Markham, Michalsld, Nicholson, Robblns, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such busmsss which may propedy come before the Council. Invocation was given by Father Thomas Rhomberg. Dick Landis presented a "Key from the City of Handan" to the Mayor & City of Dubuque. MINUTES SUBMI?FED - Cable Telepragrammmg Comm. of 6-8; Cable TV Regulatory Comm. of 6-17; CMl Sep/ica Comm. of 5-29; Enviranmental Stewardship Advisory Commission; Five Flags Comm. of 6-15; Housing Code Appeals Board of 4-21; Housing Comm. of 6-9; Housing Commission Trust Fund Committee of 6-16 & 6-18; Human Rights Corem. of 5-11; Long Range Planning Comm. of 6~17; Public Library Board of Trustees of 4-23; Zoning Advisory Comm. of 6-3, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Buol. Motion carded 7.0. Pdnted Council Proceedings for months of Apdl & May, 1998, presented and 'earl. Voetberg moved that the proceedings be approved as pdnted. Secanded byBuol. Motion carded7.0. Proof of Publication cer~ed to by the Publisher on List of Claims Summary of Revenues for month ending May, 1998, presented and read. Vostberg moved that the proof be received and flied. Seconded by BuoL Motion camed 7-0 NOTICES OF CLAIMS/SUITS David Bimh in amount of $111.30 for vehicle damages; Shedlynn S. BorgstaM in amount of $10,000 for personal injuries; Laura Lee Degeahardt in ssi. ami of $220.20 for vehicJe damages; Patdcia Heiberger appealing proper~y damage clairr which occurred in 1996; Mildred Hoerner m unknown amount for injuries; Lance L. Knabel in amount of $769.57 for vehicle damages; Pat McClain in amount of $870.11 for vehicle damages; Dennis Richey in amount of $60.00 for vehicle damages; Erin Ries in unknown amount for vehicle damages; Mary Robbins n unknown amount for vehicle damages; OCWEN Federal Bank FSB vs. City of Dubuque et al advising of foreclosure of mor[gaged property, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigstion and report. Seconded by Buol. Motion ca~ed 7-0. Jeff Mathewson advising of a claim in the amount of $2217.41 for damages suffered dudng the construction of Uncol~ Ave., presented and read. Voetberg moved that the claim be referred to the Legal Staff for investigation and report Seconded by Buol. Motion carded 7-0. Corporation Counse' advising vehicle damage claims of Tom Uthe and Chadie Hosch have been forwarded ts Tschiggfde Excavating for handling and therefore are administratively closed, presented and read. Vostberg moved that the communicatio~ be received and flied. Seconded byBuol. Motion carded 7-0. REFUNDS REQUESTED - Holiday Inn, $100.00 on unused Cigarette Permit, presented and read. Voetberg moved that the refund be.approved and Finance Director zo ~ssue check. Seconded by Buol. Motion carded 7.0. Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted an entry level wdtten examination on May 6, 1998 for the position of Park Ranger. We hereby certify that the following individuals have passed the written examination and the vacancy for this position should be made from this list. I We further state that this list is good for two (2) years from the above date. 240 Regular Session, July 6, 1998 PARK RANGER Shown Claussen Kad Stringham Stanley Ryan Nicholas Bibb Jon Herdg Lcd Hilby Shawn Stewart Jason Hoerner Keith GednalskJ Christopher Schu~ Tony Toigo Samantha Humke Donald Weig Kevin Esser Jeffrey Rapp Respecffu[ly submitted, Is/Mede J. Duehr, Jr. Chairpemon IS~ Loras J. Kluesner /s/Thomas E. Rawssn CMl Service Commission Moetberg moved that the above ceKification be made a matter of recoro. Seconded by Buol. Motio~ carded 7-0. Nathan & Nicole Hoffmann requesting vacation of property at 28th St. & Brunswick, presented and read. Voetberg moved that this matter be referred to the City Manager and staff for investigation and report. Seconded by Buol. Motion carried 7-0. John F. Kenneay School parents, principal ana Staff requesting resolution to some concerns in regard to the city s[ree[s in their school area, presented and read. Voetherg moved that this matter be referred to the City 'vlanager and staff for investigation and report. Seconded by BuoL Motion carded 7-0. Venture Stores advising of an addifonal 14 day period m July 15, 1998, before dna] liquidation ,M]I occur, presented and read. Voetherg moved ' that the communication be received and tiled. Seconded by Buol. Motion carded 7-0. Richard J~ Bertling reque~ng vacating and purchase of an alley adjoining to the east of their property at 295 South Hill St., presented and read. Voetberg moved that this matter be referred to the City Manager and staff for investigation and repot[. Seconded by Buol Motion carded 7-0. City Manager submitting amendment to DRA Lease Agreement, presented and reac. Voetberg moved that ~he communication be received and filed. Seconded byBuol. Motion carried 7.0. RESOLUTION NO. 266-98 RESOLUTION RESCINDING RESOLUTION NO. 82-98, AND APPROVING SIXTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CiTY OF DUBUQUE, IOWA, AND THE DUBUQUE RACING ASSOCIATION, LTD. Whereas the City of Dubuque, Iowa (Cb) and Dubuque Racing Assoc orion, Ltd. (Association) entered into a written Lease Agreement on February 28, 1990, which Lease Agreement has been amended from time to time; and Whereas, it is necessary to further amend certain provisions of the Lease Agreement; and Whereas, Associa~don and City now desire, pursuant to the Lease Agreement, to amend the Lease Agreement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No_ 82- 98 is hereby rescinded. Section 2. That the Sixth Amendment to the Lease Agreement between City and Association is hereby approved, and the Mayor is authorized and directed to sign the 'Sixth Amendment on behalf of the City. Passed. approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the ResolulJon. Seconded by BuoJ. Motion carded 7-0. City Manager requesting approval of easement agreements with Railroad Company relating To construction of sanitary sewer, presented and read Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 267-98 RESOLUTION APPROVING THREE EASEMENT AGREEMENTS WITH CHICAGO, CENTRAL AND PACIFIC RAJLROAD COMPANY RELATING TO CONSTRUCTION OF SANITARY SEWER LATERAL FOR THE COUNTY FARM INDUSTRIAL SITE SANITARY SEWER PROJECT Whereas, the Cb of Dubuque has developed plans for the laying of a sanitary sewer in conjunction with the County Farm Industrial Site SanltaB, Sewer Project which crosses property owned by the Chicago, Central and Pacific Railroad Company; and Whereas, the Chicago Central and Pacific Railroad Company has prepared three Eesemenr Agreements Requlat Ses§i0h, J~ii~ {+ ~ 241 stipulating the terms and conditions of their approval for the constructio~ of said sanitary sewer crossings across railraad proper[y; and Whereas, the City approves the terms and conditions of said Easement NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Thatthethree Easement Agreements with the Chicago Central and Pacific Railroad Company relating to the construction of a sanitary sewer crossing railroad property for the County Farm Industda! Site SaniPary Sewer Project be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the three agreements with the Chicago, Central and Pacific Railroad Company. Passed, approved and adopted this 6th day of July, 1998. Terranca M. Duggea, Mayor Attest MaryA. Davis. City Clerk Voatberg moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. City Manager recommending to refer to Long Range Planning Advisory Commission the request fram Dubuque Community School Board to participate as a sponsonng organization for a sedes of public dialogues, presented and read. Voetberg moved that the communication ~e received and flied and approved recommendation. Seconded by BuoL Motion carried 7-0. City Manager recommending continuation of the State contract for food service establishments, food establishment, hotel and vending machine sen~fion Inspections and authodzafion to execute, presented and read. Voetberg moved that the communication be received and filed and approved the recommendation. Seconded by Buo[. Motion carded 7-0. City Manager recommending approval to renew Law Enforcement Center Building Agreement w~th County Board of Supervisors, presented and read. Voatberg moved [hat the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO, 268-98 A RESOLUTION APPROVING THE EXTENSION OF THE JOINT COUNT~CITY LAW ENFORCEMENT CENTER BUILDING AGREEMENT. Whereas on June 12 1972 the Dubuque County Board of Supervisors and the City of Dubuque entered into an agreement for joint construction and administratiea of the Law Enforcement Center;, and Whereas, that 25-year agreement has expired and it is necessary to enter into an agreement to renew the commitment of Dubuque Coun~ and the City of Dubuque m the Law Enforcement Center. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA approves and authorizes the City Manager to sign the Joint County\City Law Enforcement Center Building Agreement attached hereto. Passed, approved and adapted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Voatberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager recommending changing the project completion date to June 26, 1998 for the North End Neighborhood Council/Dubuque County Extension Neighborhood Support Grant, presented and read Veatberg moved that the communication be received and tiled. Seconded by BuoL Motion carded 7-0. City Manager recommending acceptance of Traffic Signal installation at 17th & White Streets, presented and read. Voetberg moved that the communication be received and tiled. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 269-98 ACCEPTING IMPROVEMENT Whereas the contract for the 17th and White Street Traffic Signal Installation has beer completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SeciJan 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED thai the City Treasurer be and he is hereby Regular Session, July 6, 1998 directed to pay to the contractor from the Street Construction Fund in amount equal to the amount of his contract. less any retained pementage provided for therein. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 270-98 FINAL ESTIMATE Whereas, the contract for the 17th and White Street Traffic Signal Installation has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and insoection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. That the cost of said improvement is hereby determined to be $26,098.65 and the said amount shall be paid from the Street Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resol~on. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 271-98 NOW, THEREFORE, BE IT ' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of aw relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarezzes and Cigarette Papers within said Cb. 9 RENEWALS B'z Dart inn Bernice M. Bauer 431 Rhomberg Ave Freddy's King of Clubs Joan LuGrair. 1902 Central Ave Gala~es Dennis/Linda Murray 3203 Jackson St Goetz's James Goetsinger 2776 Jackson St Happy's Place P.M.S.T. 2322 Rockdale Ave Instant Rep[ay Ear/Grill Pam Arensdorf 1602 Central Ave Mickey's Pub Wm McDonald 600 Central Ave Ten Pin Tap Delores Weber 601 Rhomberg Ave Wheelhouse Dubuque Yacht Basin 1630 E 16th St Passed, approved and adopted this b-'th day of Juty, 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. 272-98 Whereas, applications for Beer Permits have been submitted and flied to this Council for approval and the same have been examined and approved; and Whereas, the premises [o be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C' BEER PERMIT Kdstina L Chapman Ok3' Doky# 14 +(Sunday Sale) 1050 University Ave Mulgrew Oil Co. JFK Amoco FoodshoD +(Sunday Sale) 1701 JFK Rd CLASS "BE" BEER PERMIT Jean A. AEhaus Family Beverage Center +(Sunday Sale) 3400 Central Ave Passed, approved and adopted this 8th dayof July, 1998. Terrance M. Duggan, Mayor ArteC: Mary A Davis, City Clerk Voetberg movec adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 273-98 Whereas, applicaUons for Liquor Licenses have been submffted to this Council for approval and the same have l~een examined and approved; and Whereas, the premises to be eccupied by such applicants were inspected and found to comply with the State Laws and all Cb 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) Regular Session, July 6, i 398 243 BEEPJL]QUOR LICENSE Peggy A. Schalier P.J.'s Tap +(Sunday Sale) 500 Rhomberg Ave Curds L. Gerhard Knickers Saloon +(Sunday Sale) 2186 Central Ave PamsiaJ. Murphy Murph's South End Tap 55 Locust St Passed, approved and adopted this 6th day of July, 1998. Terrance ~t. Duggan, Mayor Attest:. Map/A. Davis, City Clerk Voatberg moved adoption of the Resolution. Secanded byBuol. Motion carried 7-0. BOARDS AND COMMISSIONS: TRANSIT BOARD OF TRUSTEES: Applicaats are invited to address the Council to express their desire to serve on the Board. Applicant - Pamela K. Renfro. No onespoke. APPOINTMENTS to the following Boards/Commissions: CIVIC CENTER (FIVE FLAGS) COMMISSION: Applicants - Rod Bakke, Michael P. Brannon. Voetberg moved that Rod Bakke and Michael P. Brannon be reappointed to three year terms which will expire June 29, 2001. Seconded by Markham. Motion carded 7-0. HISTORIC PRESERVATION COMMISSION: Applicants Pan Bradford ON. 11th District), Gall Naughton (Jackson Park District). Voetberg moved that Pan Bradford and Gall Naughton be reappointed to three year terms which will expire July 1, 2001. .Seconded by Nichaison. Motion carded 7-0 LONG RANGE PLANNING ADVISORY COMMISSION: Applicants -James Gibbs, Gordon Mills. Michaiski moved that James Gibbs and Gordon Mitts be reappointed to three year terms which v~ll expire July 1, 2001. Seconded by Robbins. Motion carded 6-0. Mayor Duggan abstained. Michaisk~ moved that Council Member Buol continue to be the Council liaison member to the Long Range Planning Commission with Mayor Duggan as A~temate. Seconded by Robbies. Motion carded 7-0. PARK & RECREATION COMMISSION: Applicants - Chuck Duggan, Paul Hoffmann, Karen Lynees, Mark Sullivan. Vote on the appointment was as follows: Buot voted for Hoffmann, Lyness, Sullivan. Duggan voted for Duggan, Lyness and Sullivan. Markham voted for Duggan, Hoffmann, Sullivan. Michsiskivoted for Hoffmann, Lyness, and Sullivan. Nicholson voted for Hoffmann, Lyness, and Sullivan. Robbins voted for Hoffmann, Lyness and Sullivan. Voetberg voted Hoffmann, Lyness, and Sullivan. Therefore, Paul Hoffmann, Keren Lyness and Mark Sullivan were reappointed to three year terms which will expire June 30, 2001. Michalski moved that they suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proof of publication certified to by the :~ublisher on Notice of public headng Io consider reclassh~y~ng proper~ located at 2400 Block of Asbury Road from PR to OS District, with conditions, presented and read. Buol moved that the proof be received and tiled. Seconded'by Markham. Motion carded 7-0. Made/ McNamer spoke explaining the request for reclassification. An OrdinanceAmending Zoning Map by reclassifying property located at 2400 Block of Asbury Road (North of Clarke Drk, e and Asbury Road) from PR Planned Residential District to OS Office Services District, with cond;r~ons, said Ordinance having been presented and read at the council Meeting of 6- 15-98, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 44-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2400 BLOCK OF ASBURY ROAD (NORTH OF CLARKE DRIVE AND ASBURY ROAD) FROM PR PLANNED RESIDENTIAL DISTRICT TO OS OFFICE SERVICES DISTRICT, WITH CONDITIONS. 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 244 Regular Session, July 6, 1998 ~ereby amended by reclassifying the hereinafter described property from PR Planned Residential Distdct to OS Office Services District. with conditions to wit: Lot 3 in the Red Cross/University Park Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commisslen of the City of Dubuque, Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of July, 1998. Attest: Mary A. Davis, City Clerk It 7/10 Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carded 7-0. Proof of publicafion certified to by the Publisher of Nofice of public hearing to consider reclassifying property located at 10901 and 10913 Key West Drive from AG to R-1 District, presented and read. Markham moved that the proof be received and filed. Seconded by MichalskL Motion carded 7-0. An Ordinance Amending Zoning Map Dy reclassh"ying property lecated au 10901 and 10913 Key West Drive from AG Agricultural District zo R-1 Single-Family ~esidential District, said Ordinance having been presented and read atthe Council Meeting of 6-15~98. now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 45-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 10901 AND 10913 KEY WEST DRIVE FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE. BE iT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinatter described property from AG Agricultural Distdcr to R-1 Single- Family Residential District, to wit: Lot 2 of 2 of 4 of Mineral Lot 478 and Lot 2 of i of 1 of 2 of 4 of Mineral Lot 478 and Lot 2 of I of 2 of 4 of Mineral Lot 478 and Lot I of 4 cf Mineral Lot 478, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. ~assed, approved and adopted this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of July, 1998. Attest: Mary A. Davis, City' Clerk It 7/10 Markham moved final consideration and passage of the Ordinance. Seconded by Micha[std. Motion carded Proof of publication cer~ec to by the Publisher on Notice cf public hearing to consider annexation of properoJ lying outside of City limits located North of the City Limits and City Manager recommending to proceed with voluntary annexation, presented ano read. Robbins moved that the proof and communication be received and filed. Seconded by Nlehofson. Motion carded 7-0. RESOLUTION NO. 274-98 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWa. Whereas Fromme[t Hasler, Inc.. as the owner of approximately 102 acres of property lying outside the corporate limits of the City of Dubuque, has volentadly petitioned for annexation of said territory to the City of Dubuque pursuant to Section 368.7 of the Code of Iowa; and Whereas. Chapter 368 of the Code of lewa authorizes the extension of City limits in situations of this character by the adoFflon of a resolution after notification as required oy State Reqular Session, JUly 6, 1995 regula~ons: and Whereas, the future growth and development of the City of Dubuque, Iowa make it desirable that said territory, as shown in Exhibit A, be made Dar[ of the Cb of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be, and they hereby are extended to include the properry legally described in Exhibit B. Section 2. That the territory hereby annexed shall become a part of the Third Ward, Twelfth Precinct oftbe Cb of Dubuque, Iowa. Section 3. That the City Clerk shall file this resoluf~on, all Exhibits and the pardon for voluntary annexa'don with the City Development Board of the State of iowa. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution_ Seconded by Nicholson. Motion carded 7-0. Proof of publication certified to by the Publisher on Nofice of Public Hearing to consider disposing of C~b/s interest of public utility easement to Hodge Transit Warehouse Company and City Manager recommending to proceed with disposal of easement. presented and read. Voetberg moved that the proof and communication be received and tiled. Seconded by BuoL Mo'don carried 7-0. RESOLUTION NO. 275-98 Whereas, pursuantto resolution and published notice of time and place of heating, published 'n the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, iowa on 26th day of Juna, 1998, the City Councii of the City of Dubuque, iowa met on the 6th day of July, 1998, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, iowa to consider the proposa~ for a grant of public utility easements across real estate described as: Lots 11 and 12 of Block 4 of Riverfront SubdMsion No. 2 in the City of Dubuque, Iowa, as shown on Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objecfioes, oral or written, to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real propere, described es public utiit[y easements on Lots 11 anc~ 12 of Block 4 of Riverfrent Subdivision No. 2 in the City of Dubuque, Iowa, as shown on Exhibit A be and the same is hereby approved. Section 2. That the Mayor be authorized and directed m execute a Grant of Easement. Section 3. That the City Clerk be and is hereby authorized and directed to record a codified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 6th day of Ju~y, 1998. Temsace M. Duggan, Mayor Attest: MaryA: Davis, CityClerk Voetberg moved adoption of the Resalution. SecondedbyBuoL Motion carried 7~0. Proof of publlca~on cer~Jed to by the Publisher on Notice of Public Headng to consider disposing of City's interest th vacated Euclid Avenue and alley north of Euclid Ave and po~on of Jackson Street and City Manager recommending to proceed with sale of property, presented and read. MichalskJ moved that the proof and communication be received and filed. Seconded ay Michaiski. Motion carded RESOLUTION NO. 276-98 Whereas, pumuant to resolLFdon and published notice of time and place of hearing~ published in the Telegrebh Herald, a newspaper of general circulation published in the City of Dubuque, iowa on 26th day of June, 1998, the City Council of the City of Dubuque, iowa met on the 6'th day of July, 1998, at 7:00 p.m. in the Public Library Auditorium, 11th and LocusT, Dubuque, Dubuque, County, Iowa m consider the proposal for the sate of real estate described as: Lot 58A, Lot 92A and Lot 105A in Linehan Park Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all able.ohs, oral or wri~en to the proposal to sell such real estate, except for easement as noted. 246 Regular Session, July 6, 1998 NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. That the sale of City of Dubuque real property described as Lot 58A, Lot 92A and Lot 105A in Linehan Park Addition in the City of Dubuque, Iowa to Swiss Valley Farms be and the same is hereby approved for the sum of $3.00 plus cost of publication, platting 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 shall be by Quit Claim Deed. 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, construcfion, 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, as shown on the plat of said Lot 92A and Lot 105A. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby author'~ed and directed to deliver said deed of conveyance to Swiss Valley Farms upon receipt of the purchase price in full. Section 4. That the City Clerk be and ~s hereby authorized and directed to record a ceflJfied copy of this resolution n the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest MaPJA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Hearing on Plans & Specifications for construction of Valentine Park Project, presentec and read. Voetberg moved that the proof be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO.' 277-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of June, 1998, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the CONSTRUCTION OF PHASE II, VALENTINE PARK. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by aw. NOW: THEREFORE. BE RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest: Ma~y A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice To Bidders of the Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Vostberg moved that the proof and communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 278-98 WHEREAS. sealed proposals have been submitted by con~ractors for the CONSTRUCTION OF PHASE II, VALENTINE PARK, pursuant to Resolution No. 260-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, aritho 18th day of June, 1998. WHEREAS, said seated proposals were opened and read on the 29th day of June, 1998, and it has been determined that the bid of River City Paving, in the amount of $265,877.45 was the lowest bid for the furnishing 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 River City Paving, and the Manager be and ~s hereby directed to execute a contract on beha[f 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 C~ Treasurer is Regular Session~/t~l~ 6~ 1998 247 autho.dzed and instructed to return the bid deposits of the unsuccessful biddere. Passed, approved and adopted this 6th day of Jury, 1998. Terrenca M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0_ Proof of publication certified to by the Publisher on Notice of Hearing on Plans & Specifications for Construction of South Fork Intameptor Sewer Extension - Phase I!, presented ane reacL Vostberg moved that the proof be received and tiled. Seconded by Markham. Motion carded 7-0. RESOLUTION NO, 279-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 27th day of May, 1998~ plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the South Fork Interceptor Sewer Extension - Phase Il. 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, specJfications, form of contract and estimated cost are hereby approved as the plans. spedr~cations, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 6th day of Juh/, 1998. Terranca M. Duggan, Mayor Attest: MaryA. Davis, C~ Clerk Voatberg moved adoption of the Resolulior.. Seconded by Markham. Motion carried 7-0. Proof of publication cer~ed to by the Publisher on Notice to Bidders of the Receipt of Bids for project and City Manager recommending to award contract for project, presented and read Voatberg moved that the proof and communication be received and filed. Seconded by Markham. Motior carried 7-0. RESOLUTION NO. 280-98 AWARDING CONTRACT Whereas, seeied proposals have been subm~ed by contractors for the Southfork interceptor Sewer Extension - Phase II pursuant to Resolution No. 236-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the Whereas, said sealed prcposals were opened and read on the 25th day of June, 1998 and it has been determined that the bid of W.C. Stawar~ Construction Company of East Dubuque, Illinois in the amount of $620,098.64 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 CFi'Y OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to W.C. Stewar[ 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 ~s authorized and instructed zo return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest Map/A. Davis, City Clerk Voatberg moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0 Jeffrey Waiters requesting to address the Council m report on status of Sister City relationship and requesting funding in amount of $1,500.00 for continued Sister City activities, presented and read. Jeff Walters of the Sister C~ Comm~ee spoke to the request. Nicholsor moved that they authorize the $1500 expenditure with further direction that the Sister City Committee give the City Manager an accounting as to how the money is being spent. Seconded by Michalsld. Carried by the following vote: Yees-Buol, Markham, MichalskJ, N[cholson, Vostberg. Nays-Duggan, Robbins. Attorney Mark Sullivan requesting to address the Counc~ on the Dubuque Police Department Policy regarding accident investigations, presented and read. Vostberg moved that the communication be received and filed and referred to the City Manager for report on Juty20, 1998. Seconded by Nichoison. Motio~ carried 248 Regular Session, July 6, 1998 Corporation Counsel advising of current procedure fdilowed by Legal Dept. regarding Ordinance enforcement and requesting Council direction on process and whether this is consistent with Council expectations, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carded 7-0. City Manager requesting to petition Iowa Department of Economic Development to change structure of existing Enterprise Zone Commission, presented and read. Michalski moved that the communication be received and filed and request be approved. Seconded by Nicholson. Motion carded 7-0. Cb Manager recommending approval of application for CEBA Funding for CarteGraph Systems, Inc. Project, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 281-98 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF CARTEGRAPH SYSTEMS, INC. Whereas. CerteGreph Systems, Inc., a local software deve[o~)menr company, has proposed the expansion of its existing operations; and Whereas, the City Council of Dubuque, iowa has considered said proposal and has determined that the proposed project will contdbate to the local economy through the creation of jobs for area residents; and Whereas. the iowa Department of Economic Development's Community Economic Betterment Account (CEBA} was designed to assist in the economic development efforts of Ioeat jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the tiling of an application for pa~cipation in the Iowa Community Economic Betterment Account program on behalf of CarteGraph Systems, inc., is approved. Section 2. That the ocal match as identitied in the application is hereby approved. Section 3. That the Mayor is hereby aatho~ed and directed to execute and submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicho]son. Motion carded 7-0. City Manager recommending approval of Purchase of Services Agreement wiry Humane Society and submitting an Ordinance providing for fee increase for animal licenses, presented and read. Voatberg moved that the communication be received and tiled. Seconded by Markham. Motion carried 7-0. An Ordinance Amending certain portion of Chapter 7 of City Code of Ordinances providing for fee increases for dog and cat licenses and providing for collection of impoundment fee, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 46-98 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY INCREASING THE FEE ESTABLISHED IN SECTION 7-23(a) FOR THE REDEMPTION OF SEIZED OR IMPOUNDED DOGS AND CATS FROM TWENTY DOLLARS ($20.00) TO TWENTY-FIVE DOLLARS ($25.00) AND FOR A SUBSEQUENT IMPOUNDMENT OF THE SAME ANIMAL WITHIN THREE HUNDRED SIXTY-FIVE DAYS FROM THIRTY DOLLARS ($30.00] TO THIRTY-FIVE DOLLARS ($35.00); AMENDING SECTION 7-32 RELATING TO APPLICATION FOR A LICENSE FOR A DOG OR CAT BY REQUIRING THAT DOGS AND CATS MUST BE LICENSED AT THREE (3} MONTHS OF AGE; AMENDING SECTION 7-3,3(a) ESTABLISHING A DOG LICENSE FEE BY INCREASING THE ANNUAL LICENSE FEE UNTIL THE FIRST DAY OF DECEMBER, 1998, FROM SIX DOLLARS ($6.00) TO SEVEN DOLLARS ($7.00) FOR DOGS THAT ARE NEUTERED AND FROM ELEVEN DOLLARS ($11.00) TO Requla r Session; July 6i 1998 249 TVVELVE DOLLARS ($12.00) FOR DOGS THAT ARE NOT NEUTERED AND BY INCREASING THE ANNUAL LICENSE FEE FOR LICENSES VALID ON OR AFTER DECEMBER 1, 1998 FROM SEVEN DOLLARS ($7.00) TO EIGHT DOLLARS ($8.00) FOR DOGS THAT ARE NEUTERED AND FROM TWELVE DOLLARS ($12.00) TO EIGHTEEN DOLLARS ($18.00} FOR DOGS THAT ARE NOT NEUTERED; AND BY AMENDING SECTION 7-35(a) ESTABLISHING A CAT LICENSE FEE BY INCREASING THE ANNUAL LICENSE FEE UNTIL THE FIRST DAY OF JUNE, 1998, FROM THREE DOLLARS AND FIFTY CENTS ($3.50] TO SEVEN DOLLARS ($7.00) FOR CATS THAT ARE NEUTERED AND FROM SIX DOLLARS ($6.00) TO TEN DOLLARS ($10.00) FOR CATS THATARE NOT NEUTERED AND BY INCREASING THE ANNUAL LICENSE FEE FOR LICENSES VALID ON OR AFTER JUNE 1, 1999 FROM SEVEN DOLLARS ($7.00) TO EIGHT DOLLARS ($8.00) FOR CATS THAT ARE NEUTERED AND FROM TWELVE DOLLARS ($12.00) TO EIGHTEEN DOLLARS ($18.00) FOR CATS THAT ARE NOT NEUTERED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I Section 7-23(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 7-23. Redemption. Except as otherwise provided, the possession of any licensed dog or cat seized or impounded pursuant to this article may be obtained by the owne: by paying the sum of twenty-tire dollars ($25.00) plus the separate daily fee for keepin9 such dog or cat each day or fractior, thereof during the time that such dog or cat is impounded. Upon the second subsequent impoundment cf the same animal within three hundred sfxty-tive (365) days, an impoundment charge of thirty-~ve dollars ($35.00) shall be assessed, plus the separate dally fee for keeping such dog or cat each day or fraction thereof durin~c the time which said dog or cat is impounded. Section 2. Section 7-32 of the City of Dubuque Code of Ordinances is hereby amended to mad as follows: Sec. 7-32. Application. The owner or other person responsible for the procurement of and payment for a license required by this division shall make application for a license at the office of the city c ark on forms provided by the city manaoer. 'The forms shall give the name [nd address of the owner, the sex ano description of the dog or cat, and if known, its breed and age. In the event of a change of ownership, the license holder shall notify the City manager of such change. All dogs and cats must be licensed at three (3) months of age. Section 3. Section 7-33(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 7-33. Dogs-License fee. Until the first day of December. 1998, the license fee per calendar year, or fraction thereof, for a dog license shall be seven dollars ($7.00) for each neutered dog and tweJva dollars ($12.00) for each dog no[ neutered. For licenses valid on and alter December 1, 1998, the license fee per calendar year, or fraction thereof, for a dog license shall be eight dollars ($8.00) for each neutered dog and eighteen dollars ($18.00) for each dog not neutered. Section 4. Section 7-35(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 7-35. Cats-License fee. (a) Until the first day of June, 1999, the license fee per calendar year, or fraction thereof, shall be seven ($7.00) for each neutered cat, either male or female, and twelve dollars ($12.00) for each male or female cat no[ neutered. For licenses valid on and after June 1 1999, the license fee per calendar year, or fraction thereof, shall be eight dollars ($8.00] for each neutered caf. either male or female, and eighteen dollars ($18.00) for each male or female cat not neutered. Section 5. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of July, 1998. Terranca M. Duggan, Mayor At,est: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of July, 1998. Attest Ma~, A. Davis, City Clerk It 7/10 Voetherg moved that the requirement that ~ proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meetin~ at which ~t is to be finally passed be suspended. Seconded by Markham. Motion carried 7-0. Voetberg moved final consideration and Dessage of the Ordinance. Regular Session, July 6, 1998 Seconded by Markham. Motion carried 7-0. City Manager submiffing documents providing for the assessments for the 1998 Sidewalk construction on Pennsylvania Avenue from Vizaleea to Embassy West Dr. project presented and read. Micha~sld moved that the communica§o~ be received and filed Seconded by Buol. Motion carried RESOLUTION NO. 282-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract ane estimated cost for the 1998 Sidewalk Assessment - Pennsylvania Avenue from ',r~aleea to Embassy West Drive, in the estimated amount of $89,712.11, are hereby approved and ordered filed in the office of the C~ Clerk for public inspection. Passed adopted and approved this 6th day of July, 1998. Terrance M. Duggan, Mayor A~test Mary A. Davis, City Clerk Micha[ski move~ adoption ef the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 283-98 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 Cb' Clerk for public inspe~on of the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Drive, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That on the 3rd day of Augest~ 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 anc specifications, form of contract and cost of said improvement and the City Clerk be and is hereby directed m cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not lees than four days nor more than twenty days odor to the day fixed for its consideration. At the hearing, any interested serson may appear and file objections m the proposed plans, specifications, contract, or esfimated cost of the improvement. Passed, adopted and approved this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION No. 284-98 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk show~ng among other things the plans, specifications, form of contract estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuafion of each lot as filed by the City Council, for the 1998 Sidewalk Assessment - Pennsylvania Avenue from V-[za[eea to Embassy West Ddve. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the C~ Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the C'~ Clerk obje~ans to the resolution of neceesity, they shall be deemed to have waived all objecfions pertaining to the regularity of the preeeed[ng and the legality of using the specia~ assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement wi[: be assessed padJa[ly or totally against privately owned property ~ng with the assessment lim~s, and in an amount not to exceed that provided by law= and in propedJsn to the special benefits conferred. The poffdon of the cost which shall be borne by the City will be paid from the Sales Tax Fund and special assessment bonds may be issued ih anticipation of deferred payments of assessments when a contract has been performed and accepted, and the Reqular Sessioni ~Jfij~ 6, 1998 251 proceeds thereof usec to pay the contractor. The above resolution was introduced, appmvad and ordered placed on file with the City Clerk this 6th day of July, 1998. Approved and p~acad on file for final action. Terrance M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk MichalskJ moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 285-98 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Counc~ of the C~y of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1998 Sidewalk Assessment - Pennsylvanis Avenue from Vizaleea to Embassy West Drive, Whereas~ the proposed Resolution of Necess~ for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Tt~et on the 3rd day of August. 1998~ a public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed having an interest in the matter may appear and be heard for or against the making of the ~mprovament, the boundaries of the district, the cost, the assessmen[ against any lot, or the final adoption of a resolution of necessity and the City CIerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which sha~ be not less than ten days prior to file day fixed for its consideration. Unless property owners at the ~ime of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest: Mary A: Davis. City Clerk Michalski moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 286-98 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to i inclusive, are hereby determined to be the schedule of proeosed assessments for the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Drive and the valuations set out herein are hereby approved. Passed, approved and adopted this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest MaryA: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending to vacate portion of lows Highway #32 a/k/a Northwest Arterial and se[ headng for 7-20-98, presented and read. Voetherg moved that the communlcafion be received and filed. Seconded by Nichotsco. Motion carried 7-0. RESOLUTION NO, 287-98 RESOLUTION APPROVING PLAT OF EXCESS RIGHT-OF-WAY OF IOWA HIGHWAY 32 AKA THE NORTHWEST ARTERIAL Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 26, 1998, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Iowa Highway 32 also known as the Northwest Arterial; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated May 26, 1998, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described by and the same is hereby approvee, and the Mayor and City Clerk be and they are 252 Regular Session, July 6, 1998 hereby authorized and directed to execute said 91at 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, iowa. Passed, approved and adopted this 6th day of July, 1998. Terranca M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by Nicholson. Motion carded 7-0. An Ordinance vacating portion of Highway #32, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 47-98 ORDINANCE VACATING A PORTION OF IOWA HIGHWAY 32 ALSO KNOWN AS THE NORTHWEST ARTERIAL Whereas, Corey Devalopmen[, Ltd. has requested the vacating of Iowa Highway 32 also known as the Northwest Arterial; and Whereas; I[W Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated po~on of Iowa Highway 32 .and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A of Lot 1- 1-1-1 of the NWl/4 of the SW1/4 of Section 16. T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iow'a; Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Iowa Highway 32 is no longer required for public use, and vacating of said portions of Iowa Highway 32 known as LntA of Lot 1-1- 1-1 of the NWl/4 of the SWl/4 of Section 16, T89N, R2E, 5th P.M. 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 dsscdbed as Lot A of Lot 1-1-1-1 of the NWl/4 of the SWlI4 of Section 16, T89N, R2E, 5th P.M. in the City of Dubuque, Iowa, be and the same's hereby vacated. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest MaryA. Davis, CityC[erk Published officially in the Telegraph Herald newspaper this 10th day of July, 1998. 1 t 7/10Attest: Mary A. Davis, City Clerk Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings odor to the meeting at which it is to be tinaliy passed be suspended. Seconded by Nichoison. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 288-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF LOT 1-1-1-1 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 16, T89N, R2E, 5TH P.M. DUBUQUE, IOWA Whereas, the Corey Development, Ltd. has requested the vacating of a po~on of Iowa Highway 32 also known as the Northwest Artedai; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Iowa Highway 32 and assigned lot numbers thereto, which hereinafter shall be known and described as Lot A of Lot 1- 1-1-1 of the NWl/4 of the SW1/4 of Section 16, T89N, R2E, 5th P.M. in the City of Dubuque, Iowa; and Whereas, the Clty Council of the City of Dubuque, Iowa has determined that this po~on of Iowa Highway 32 is no longer required for public use, except for utility easements as noted, and vacating and sale of said ~o~on of the Northwest Artedal <nown as Lot A of Lot 1-1-1-1 of the NWl/4 of the SWl/4 of Section 16, T89N, R2E, 5th P.M. 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 Lot A of Lot 1-1-1-1 of the NWl/4 of the SWl/4 of Section 16, T89N, R2E, 5th P.M. ia the City of Dubuque, iowa. Section 2. That the conveyance of Lot A of Lot 1-1-1-1 of the NWl/4 of the SW 1/4 of Section 16, T89N, R2E, 5th P.M. in the City of Dubuque, iowa ro the Corey Devalopment, Ltd. be contingent upon the payment of plaiting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed [o cause a notice of intent to dispose of said real estate ro be published in the manner as orsscdbed by law. Re¢lular Sess|On~ JUi~ 6i ~1998 253 Passed, approved and adopted this 6th day of July, 1998. Terrance M. Dug~an, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolufion and further set this matter for Public Hearing on 7-20-98 at 7:00 p.m. and direct the City Clerk to publish notice in the manner prescribed by taw. Seconded by Nicholson. Motion carried 7-0. City Manager submitting documents providing for Building improvements to the Operations and Maintenance Department's Main Garage and Annex Buildings, presented and teac. Buol moved that the commumcation be received and filed. Seconded by Markham. Motion carded 70. RESOLUTION NO. 289-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Operafians and Maintenance Department Building Improvements Project, in the eeiJmated amount of $179,175.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo[ moved adoption of the resolution. Seconded by Markham. Motion card¢d 7-0. RESOLUTION NO. 290-98 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 Operations and Maintenance Department Building Improvements Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of August, 1998 a public heating will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for 0r against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, iowa which notice shall be not less than four days nor more than twenty days prior to the day fixed for ~ considera~on. At the headng, any interested person may appear and file objections to the proposed plans, specifications, contrast, or estimated coat of the improvement. Passed, adopted and approved this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Buot moved adoption of the resolution. Seconded by Markham. Motion carded 7-0 RESOLUTION NO. 291-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Operations and Maintenance Department Building Improvements Project is hereby ordered to be adve~sed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and apeeiflcafions heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the constru~on of the improvements herein provided. lo be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice sba not be ess than four days nor more than twen~.y days pdor to the receipt of said bids at 10:00 a.m. on the 22nd day of July, 1998. Bids shell be opened and read by the Cky Clerk as said time and will be submitted to the Couneil for tinal a~on at 7:00 p.m. on the 3rd day of August, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cffy Clerk Buo[ moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. City Manager reque~ng public hearing be set for July 20, 1998 to consider North End Neighborhood Trail Easements, presented and read. IVoetberg moved that the communical~on be received and filed. Seconded by Buol. Motion carded 7-6. 254 Regular Session, July 6, 1998 RESOLUTION NO. 292-98 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANTING INGRESSIEGRESS EASEMENTS FOR CERTAIN PROPERTY OWNERS ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas, the C~'y of Dubuque, Iowa has negotiated ingress/egress easemenzs with several business and 'esidential property owners adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street along the abandoned railroad right-of- way owned by the City of Dubuque, in the Cfty of Dubuque. Iowa. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of an interest in real properzy by granting a 33 foot by200 foot ingress/egress easement over anc across part of Lot 6 of Mineral Lot 322 with access from Liebe Street to Dubuque Stamping and Manufacturing, Inc., 32nd and Jackson Streets. Section 2. Thatthe City of Dubuque intends to dispose of an interest in rea[ property by granting a 30 foot by 100 foot anc a 33 foot by 50 foot ingress/egress eesemem over and across part of Lot 6 of Mineral Lot 322 with access from Liebe Street to Dubuque Logistics, 3110 Washington Street. Section 3. That the City of Dubuque ntends to dispose of an interest in real property by granting a 12,150 square foot area consisting of a 30 foot by 100 foot ingress/egress easement, a 15 foot by 365 foot ingress/egress easement, a 30 foot by 75 foot ingress/egress easement, and a 75 foot by 18 foot ingress/egress easement over and across part of Lot 6, part of Lot 7 and part of Lot2 of 8 of Mineral Lot 322 and Bart of the abandoned railroad right-of-way abutting Lots 49 and 50 in Glendale Additior,, between and with access from Uebe Street and 30th Street, To Dubuque Storage and Transfer, 3040 Elm Street, for the exclusive use of ReCap Company, a subsidiary of Dubuque Storage and Transfer. Section 4. That the City of Dubuque intends to dispose of an interest in real property by granting a 3,250 square foot area consisting of a 20 foot by 50 foot ingrass/egress easement and a 15 foot by 150 foot ingress/egrees easement over and across part of the abandoned railroad right-of-way from 29th Street to 30th Street between Lots 57. 58, 59. 60, 61, 62, 63 and 64 in Glendare Addition to John and Thelma Hansen, 2920 Elm Street Section 5. That the City of Dubuque intends to dispose of an interest in resl property by granting a 15 foot by 150 foot ingress/egrees easemen[ over and across part of the abandoned railroad right-of-way from 29th Street to 30th Street between Lots 58, 59, 60, 61, 62 and 63 in Glendale Addition to James Leytem, 2918 Elm Street Section 6. Thatthe City of Dubuque intends to dispose of an interest in real property by granting a 15 foot by 50 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 145 and 122 in Glendale Addition No. 2 to Joseph S. Casanova, 2855 Pinard Street. Section 7. That the City of Dubuque intends to dispose of an interest in real property by granting a 15 foot by 100 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 144, 145, 122 and 123 in Glendale Additon No. 2 to Kenneth and Sue Ellen Leik, 2853 Pinard Street. Section 8 ThattheCityofDubuque intends to dispose of an interest in real property by granting a 15 foot by 100 foot ingress/egress easement over and acro..'.'.'.'.'.'.'.'.~s part of the abandoned railroad right-of-way from 28th Street m 29th Street between Lots 132, Lot 2 of 133, 134 and 135 in Gtendale Addition No. 2 to Giese Company, 2820 Elm Street Section 9. That the City Clerk be and is hereby authorized and directed te cause a notice to be published as prescribed under Section 364.7 of the Code of iowa. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution and further set this matter for Public Hearing on 7-20-98 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by aw. Seconded by BuoL Motion carried 7-0. City Manager subm~ng bidding ~ocuments for North End Neighborhood Trail Project, presented ~ Reqular Sessi0il, July 6, 1998 255 and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 293-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of coati'act and estimated cost for the North End Neighborhood Trail Project, in the estimated amount of $368,653.40, are hereby approved and ordered flied in the office of the City Clerk for public ~nspection. Passed, adopted and approved this 6th day of July, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voatberg moved adoption of the Resoluton. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 294-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has g~ven its preliminary approval on the proposed plans, specifications, and form of contract and placed same on tile in the office of the City Clerk for public inspection of the North End Neighborhood Trail Project. NOW THEREFORE, BE IT RESOLVED ElY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of August, 1998, a public headng will be held at 7:00 p.m. ir the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specificaflons, 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 'n a .newspaper having general circula~on m the City of Dubuque, Iowa, which noflce shall be not tess than four days nor more than twenty days pdor to the day fixed for its consideratior,. At the hearing, any interested person may appear and file obje~ons to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 6th day of July, 1998. Terrance M_ Duggan, Mayor Attest Mary A. Davis, City Clerk Voatberg moved adop~on of the Resoluton. Seconded by Buol. Motion carded 7~0. RESOLUTION NO. 295-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Nor~ End Neighborhood Trail Project is hereby ordered to be advertised for bids for construction. BE tT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directee to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6th day of August, 1998. Bids shall be opened and read by the City C~erk at said time and ~ll be submitted to the Council for tinai ad'don at 7:00 p.m. on the 17th day of August, 1998. Passed, adopted and approved this 6th day of July, 1998. Temance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. City Manager subm~ng bidding documents for construction of t998 Curb Ramp Project, presented and read. MichaiskJ moved that the communication be received and tiled Seconded byBuoL Motion carried 7-0. RESOLUTION NO. 296-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DL~UQUE, IOWA: That the proposed plans, specifications, form of contract and esflmated coat thr the 1998 Curb Ramp Construction Project in the sstJmated amount of $68,200.65, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of July, 1998. Torrance M. Duggan, Mayor 256 Regular Session, July 6, 1998 Attest: Mary A. Davis, City Clerk Michsiski moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 297-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the Cb 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 1998 Curb Ramp Construction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That on the 3rd day of August, 1998, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested pePsons may appear and be heard for or against the proposed plans and specifications, form of contract and cesT of said improvement, anb 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 twesty days prior to the day Red for its consideration. At the hearing, any interested person may appear and file objections to the ~roposed plans, specifications, contract, or estimated cast of the improvement. Passed, adopted and approved this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the Resciution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 298-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the 1998 Curb Ramp 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 provIsmns of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the Cffy Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-tire days prior to the receipt of said bids at 2:00 p.m. on the 23rd day of July, 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 3rd day of August, 1998. Passed, adopted and approved this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Reso[utton. Seconded by Buci. Motion carried 7-0. City Manager recommending a public hearing be set for July 20, 1998 to consider vacating a portion of water main, storm sewer and sanitary sewer easement on property at Kaufmann Ave. at North Grendview Ave, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-C. RESOLUTION NO. 299-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED WATERMAIN, STORM SEWER AND SANITARY EASEMENT IN LOT 2 OF BURTON'S 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, iowa, a plat dated June 8, 1998, prepared by IIW Engineers & Surveyom, P.C., descdbing the proposed vacating of a 40 x 100 foot area of watermain, storm sewer and sanitary sewer easement in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws 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 June 8, 1998, prepared by IIW Engineers & Surveyors, P.C., 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, rowa. Section 2. That the City Clerk be and is hereby author'~'_ed and directed to rite said plat and ceddfied copy of this resolution in the office of the Recorder, : Re.qular SessiOh, '~dly 6,1998 . 257 in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 300-98 RESOLUTION OF iNTENT TO DISPOSE OF INTEREST AND RELEASE A 40 FOOT BY 100 FOOT WATERMAIN, STORM SEWER AND SANITARY SEWER EASEMENT IN LOT 2 OF BURTON'S 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Donald J. Herbst of Dubuque, Iowa, is the current owner of Lot 2 of Button's 2nd Addition in the CH of Dubuque, Iowa; and Whereas, a watermain, storm sewer and sanitary sewer easement is currently platted on said lot; and Whereas, Donald J; Herbst has petitioned to vacate a now unused 40' x 1001 podJon of said easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe City of Dubuque, Iowa intends to dispose of its interest and release a 40' x 100' po~on of an exi~ng watermain, storm sewer and sanitary sewer easement in Lot 2 of Burton's 2nd Addition in the City of Dubuque, Iowa. Section 2. That the CH Clerk be and is hereby authorized and directed to cause a notice to be published as prescribed under Section 364.7 Code of Iowa. Passed, approved and adopted this b-'th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7~0. At 8:22 p.m. Voetberg 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 particular real estate where premsture disclosure could be reasonably expected to increase the price the governmental body wodid have to pay for that property and in accordance with Ch. 21.5 1.(c) State Code of Iowa, 1998 as amended To discuss strategy with counsel in matters that are presently in litigation. Seconded by BuoL Motion carded 7-0. At 9:27 p.m. Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Budi moved to adjourn the meeting. Seconded by Robbies. Motion carried 7-0. The meeting adjourned at 9:28 p.m. 258 Special Session, July 20, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Work Session, Ju~y 20, 1998. Council Met a[ 5:30 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins. Absent: Council Member Voetberg. Dinner followed by City Staff and Architects presenting update of Highway 20 Landscape Project. Gil Spence, John Hail, and Cindy Steinhause[ from City staff spoke. Steve Ulstad, Bdan Gutheinz, Mike White, Mark Sullivan. K~m Daykin, Karen Lyness ali spoke. There being no further business, upon motion the Work Session adjourned at 6:34 p.m. /s/MaryA. Davis CMC, City Clerk Approved / .~- Adopted/' / Attest:~.-. /~ ~q. City Clerk ~' ' Board of Health, July 26+ 1998 25q DUBUQUE BOARD OF HEALTH QUARTERLY MEETING Quarterly Board of Health Meeting, July 20, 1998. Board Met at 6:55 p.m., Public Library Auditorium. Presen~ Chairperson Duggan, Board Members Buol, Markham, Michalski, Nicholson, Robbins. Absent Board Member Voetberg. Chairperson Duggan read the call and stated th~s is the Quarterly Meeting of the Board of Heslth called for the purpose to acc upon such business which may propedy come before the Board. City Manager requesting approval of goals and objectives as outlined in Dubuque County APEX-PH repo~ presented and read. Robbins moved that the communication be received and filed and request approved. Seconded by Nicholson. Motion carried 6-0. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 6-0. The meeting adjourned at 7:01 p.m. /s/Mary A. Davis CMC Secre[ary, Board of Hearth Board Members 260 Regular Session, July 20, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Council Meeting, July 20, 1998 Council Met at 7:00 p.m., Public Library' Auditorium. Present: Mayor Duggan, Council Member BuoL, Markham. MichalskL, Nicholson Robbins, City Manager Michael Van Milligen, and Corporation Counsel Barry A. Lindahl. Absent at Roll Call: 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 propedy come before the Council. invocation was given by Rev. Victor Wicked, Pastor of Hope Evangelical Free Church. PROCLAMATIONS: Week of July 16 as 'Stonehi[] Care Center Week' received by Sister Dolores UIIrich; July 31stth August 9th as "Suppod St. Mark Community Center" received by Ged Yakes: August 20 thru Sept. 5 as 'Vietnam Veterans Week" received by Sandy Smith and Adele Nicks; July 21-26 as 'Dubuque County Fair Week" received by Jill Reiter and Erin Steil. Rick Dickinson, Director of gave a verbal status repot[ on City projects in accordance with Purchase of Service Agreement Voetberg entered the Chambers at 7:17 p.m. MINUTES SUBMI'FrED: Cable Teleprogramming Commission of 7-14; Electrical Code Board of 6-29; Mechanical Board of 7-6; Park & Recreation of 6-9: Zoning Advisory Commission of 7-1; Zoning Board of Adjustment of 6-29, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Michalski. Motion carded 7-0. Finance Director submitting financial reports for month ending June 30, 1998, presented and read. Voetberg t moved that the communication be received and tiled, seconded by MichalskL Motion carried 7-0. Proof of Pub]ica'don or Notice of publishing Council Proceedings for meeting of 6-15-98, presented and read. Voetberg moved that the proof be received and fi[ed. Seconded by MichalskL Motion carried 7-0. Pdnted Council Proceedings for month of June, 1998, presented and read. Voetberg moved that the minutes oe approved as pdnted. Seconded by MichalskJ. Mofion carried 7-0. NOTICES OF CLAIMS/SUiTS -- ASiA Motors, Inc. or SYED ALI in amount of $420.00 for vehicle damages; Kdsty Brosnan in amount of $344.00 for personal injuries; Richard Drummond in amt. of $237.95 for property damages; Dane F. Erie in amount of $1450_00 for vehicle damages; Mark Ftizjerrells in amount of $60.00 for vehicle damages; Shetley Jackson in amount of $3572.46 for vehicle damages; Angie Long ~n amount of $17.97 for vehicle damages; Fred Marburger m unknown amount for personal injuries: Jeffrey Mathewson in amount of $2,217.41 vs. Tschiggfrie Excavating & City of Dubuque, for sewer lateral damage costs; Curran J. Smothers in amt. of $258.65 for vehicle damages; Christee A. Wallace in amount of $599.46 for vehicle damages; Tara Lee Winger aJk/a Tara Lee Roskopp in unknown amount for personal injuries, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and repod Seconded by Michalski. Motion carried 7-0. Corporation Counse advising of referring following claims to Public Entity Risk Services of Iowa, the agent for the iowa Communities Assurance Pool: Personal injury of Sherriiynn S Borgstahl; Personal injury of Mildred V Hoerner; Vehicle damage of Pat McCiain, presented and read. Voetberg moved that the communications be received and filed. Seconded by Michalski. Motion carried 7-6. Corporation Counsel recommending zo forward vehicle damage claim of Mary K Robbins to Tschiggfrie Reqular Session, July 2{3, 1998 Excavating for dispositon, presented and read. Voetberg moved that the communications be received and tiled and recommendation approved. Seconded by MichaiskL Motion carried 7-0. Corporation Counsel recommending denial of vehicle damage claim of Laura L Degenhardt, presented and read. Voetberg moved that the communication be received and filet and recommendation approved. Seconded by Michaisk[ Motion carded 7-0. Corporation Counsel recommending settlement of vehicle damage claim of Dennis Richey ~n amount of $60.00 and requesting Finance Director submit to ICAP for reimbursement, presented and read. Voetherg moved that the communication be received and flied and approved recommenda~on. Seconded by Michaiski. Motion carried 7-0. City Manager recommending acceptance of Warranty Deed for Pinard Park, presented and read. Voetberg moved that the communication be received and flied. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 301-98 RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE LOCATED IN DUBUQUE COUNTY, IOWA, FROM ROBERT J. FRANK WHEREAS, the City has pumhaead the following-described property located in Dubuque County, Iowa: Lots 138, 13g and 140 in Glendeie Addil~on No. 2 in the City of Dubuque, iowa, according to the recorded plat thereof, subject to easement of record. WHEREAS, all of the conditions of the Purchase Agreement have been met and Robert J. Frank has delivered a Warranty Deed, a copy of which is attached hereto, m the City of Dubuque; NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City of Dubuque hereby accepts the Warranty Deed fram Robert J. Frank, a copy of which is attached hereto. Section 2. The City Manager is hereby authorized and directed to execute ali documer'~ts in conneclJon with the acceptance of such real 261 estate, and the City Clerk is hereby authorized and directed to provide a copy of this Resolu~on to the Dubuque County Auditor, as required by iowa Code Section 569.7. Passed, approved and adopted this 20th day of Jdiy, 1998. Terrance M. Duggen, Mayor Attest: MaryA. Davis, CityClerk Voetherg moved adoption of the Resolution. Seconded by Michalski. Moflon carried 7-0. Dave Leppert reque~ng to purchase city-owned property adjacent to his property at 1666 Kaufmann, presented and read. Voetberg moveP that the communication be received and flied and matter referred to the City Manager for investigation and report Seconded by MichaiskJ. Motion carried 7-0. Sandra J. Plumley protesting ordinance regarding parkin§ of R.V. campers on personal property and ordinance concerning sidewalks (repairs and isck of requirement for all owners to have sidewalks), presented and read. Voetberg moved that the communication be received and tiled and mat~er referred to the City Manager for investigation and report Seconded by Michalski. Moflon carried 7-0. Zoning Advisory Commission advising of their approval of Survey Plat of part of Yager Place, presented and read. Voetberg moved that the communication be received and flied. Seconded by MicheiskJ. Motion carried 7-0. RESOLUTION NO. 302-98 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT I AND LOT 2 OF YAGER PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there hes-been tiled with the City Clerk a plat of survey of Lot 1 and Lot 2 of Yager Place in the City of Dubuque, Iowa; and Whereas, said plat provides 50.51 feet of frontage for Lot 1 and 15.50 feel of frontage for Lot 2= where 60 feet is required by Section 42-19(b) of the Subdivision Ordinance; and Whereas, said survey plot has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. 262 Regular Session, July 20, 1998 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42~19(b) of the Subdivision Ordinance is waived to allow Lot 1 to have 50.51 feet of frontage and Lot 2 to have 15.50 feet of frontage, where 60 feet of frontage is required. Section 2. That the plat of survey cf Lot 1 and Lot 2 of Yager Place, in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuoue, Iowa. upon said final plat. Passed. approved and adopted this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by MichaiskJ. Motion carried 7-0. Furniture Liquidators 'equesting additional extensions on the "Going- Out-Of-Business Sale, presented and read. Voetberg moved that the- communica[ion be received and filed and approved recommendation. Seconded by Michalski. Motion carded 7-0. Dubuque Lodging, Inc. requesting vacation of portions of McClain St and alley which is access to Days Inn, presented and read. Voetberg moved that the communication be received and flied and matter referred to the City Manager for investigation and report. Seconded by Michaiski. Motion carded 7-0. C~ Manager recommending selection of the Steven Uistad Architects/Brian Gutheinz Studio team for the design cf the Gateway Landscape Project, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by MichaiskJ. Motion carded 7-0. City Manager recommending approval of contract for Childhood Lead Poisoning Funding, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 303-98 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL CHILDHOOD LEAD POISONING PREVENTION PROGRAM. Whereas, the City of Dubuque has established such a local childhood lead poisoning prevention program; and Whereas, the Iowa Department of Public Health has offered to provide additional financial support for activities relating to the local childhood lead poisoning prevention program in the City of Dubuque; and Whereas, the C~ of Dubuque will provide environmental and medical case management of iden~ed lead poisoned children in addition to community outreach and education on the problem of childhood lead poisoning. 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 attached contract between the Iowa Department of Public Health and the City cf Dubuque, owa. Section 2. That the City Manager or his designee is hereby authorized and directed to execute said contract on behalf of the City of Dubuque, rowa. Passed. approved and adopted this 20th day of Juiy, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 304-98 NOW, THEREFORE, BE T 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 -~aun's Grandview Milkhouse Charles J. Haun 620 S Grendview Ave. Passed, approved and adopted this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Michaiski. Motion carried 7-0. Re~tular Session, Jdi~ ~0,1998 263 RESOLUTION NO. 305-98 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the following having complied with the provisions of Jaw reia~Jng to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. RENEWAL Yardarm Joe Castrogiovarmi 1201 Shiras St Exten. Passed, approved and adopted this 20th day of Ju¥, 1998. Terrance M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by MichalsM. Motion carried 7-0. RESOLUTION NO. 305-98 Whereas, applications for Beer Permits have been subm~ed and filed m this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "C" BEER PERMIT Iowa Oil Co, IOCO Speed Shoppe ¢Y2 + (Sunday Sole) 2355 Univers~ Iowa Om Co. IOCO Speede Shoppe #3 + (Sunday Sale) 1998 Jacksor~ Charles J. Haun Haun's Grandview Milkhouse + (Sunday Sale) 620 S Grandview Passed, approved and adopted this 20th day Juiy, 1998. Torrance M. Duggan, Mayor Attest: MaryA Davis, CH Clerk Voetberg moved adoption of the Resolution. Seconded by Michalsid. Motion carried 7-0. RESOLUTION NO. 307-98 Whereas, applications for Liquor Licenses have been submitted to [his Counc~ for approval and the same have been examined and approved; and Whereas, the premisss to be occupied by such applicants were inspected and found to comply with the State Laws and all C~[y Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE JT RESOLVED BY THE CITY COUNC L OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized Co cause to be issued the following named applicants a Liquor License. CLASS "C'(COMMERCIAL) BEEP/LIQUOR LICENSE City of Dubuque Dubuque 5-Flags Center +(Sunday Sale) 405 Main St Steven J. Clew Sticky Fins Beach Bar 1005 Main St C Meyers & L Tott Tott's Tap 3457Jackson Ethel K Schwadz Airport Inn +(Sunday Sale) 574 E 16th Craig J. Weiner Walnut Tap +(Sunday Sale) 709 University Ave House of China House of China +(Sunday Sale) 170 JFK Rd Jeff Detainer Boa3ne's +(Sunday Sale) 1445 Centrei Ave Apartments Ltd Corp Dubuque Mining Co. (Outdoor Serv 8-29-98) 555 JFK Rd Donald Meyer Admiral's Hi-Hat Outdoor Serv 8-1-98) 253 Main St C Meyers & L Tott ToWs Tap (Outdoor Serv 7-25-98, 9-19-98) 3457 Jackson St Dbq Riverboat Entertain. Diamond Jo Portside (Extend Outdoor 8-5-98,9-18-98) 403 E 3rd St CLASS "WB~ WINE PERMIT Mildred M. Dolter Basket Expressions 474 Bluff St Passed, approved and adopted this 20th day 0f July, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetherg moved adoption of the Resolution. Seconded by Michaiski. Motion carded 7-0. BOARDS AND COMMISSIONS: Applicants are invited to address the Council to express their desire to serve on various Boards/Commissions. INVESTMENT OVERSIGHT COMMISSION: Applicants - Edward Abraham, Gary Ruden. No one spoke. TV CABLE TELEPROGRAMMING COMMISSION: Applicant - Kei¥ Sebastian. Ms. Sebastian spoke. ZONING BOARD OF ADJUSTMENT: Applicants Cad Scherbdng, Jim Urali. Jim Urali spoke. 264 Regular Session, July 20, 1998 APPOINTMENT TO FOLLOWING BOARD: TRANSIT BOARD OF TRUSTEES: Applicant Pamela K. Renfrew. Michalski moved that Pamela K. Renfrew be reappointed to a three year term which wil~ expire 7-30-01. Seconded by Robbins. Motion carried }-0. Robbins moved that the rulss be suspended to allow anyone present to address the Council if they so desire. Seconded by BuoL Motion carried Proof of publication certified to by the Publisher on Notice of Public Hearing ro consider disposing of easement on Lot 2 of ~3urton's 2nd Addition; City Manager recommending to proceed with release of easement and deny request regarding waiver of connection lee; Attorney David Setter on behalf of Donald Herbst' requesting payment of sewer connection fee in the amount of $4,500.00 for above 9roperty be waived, presented and read. Robbins moved that the proof and communications be received and tiled. Seconded by Markham. Carried by the following vote: Yeas---Duggan, Buol, Markham, Michalski, Nicholson, Robbins. Nays--Voatberg. Attorney David Setter on behalf of Dave Herbst spoke requesting waiving of sewer connection fee. Robbins moved to change the assessment fee from 150 ft. to 100 ft. Seconded by Nichoison. Carried by the following vote: Yeas---Duggan, Markham, Nicholson~ Robbins. Nays--Buol, Michalstd, Voatberg. RESOLUTION NO. 308-98 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald a newspaper of general circulation published in the City of Dubuque, Iowa on 10th day of July, 1998 the City Council of the City of Dubuoue. iowa met on the 20th day of July, 1998 au 7:00 p.m. in the Public Jbrary Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the vacating and release of real estate described as: A 40 foot by 100 foot easement on Lot 2 of Button's 2nd Addirion as shown on the plat to vacate dated June B, 1998 and prepared by IIW Engineers & Surveyors, P.C. Whereas, the City Council of the City of Dubuque, Iowa overruled any and ail objections, oral or wrfiten to the proposal to dispose of interest of the City of Dubuque, iowa. in the hereinabove described real estate. NOW, THEREFORE, BE ET RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real properb/ described as a 40 feet by 100 feet easement on Lot 2 of Button's 2nd Addition in the City of Dubuque, Iowa, as shown on the plat thereof, be and the same is hereby approved for the cost of publication and tiling fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Donald J. Herbat upon receipt of the above fees. Section 3. That the C~ Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the C~ Assessor, Dubuque County Recorder and the Dubuque County Auditor. Passed, approved and adopted this 20th day of July, 1998. Terrence M. Duggan, Mayor Attest: Mar~ A: Davis, City Clerk Robbins moved to adopt the Resolution. Seconded by Markham. Carried Dy the following vote: Yeas--Duggan, Buol Markham, Michalski, Nicholecn, Robbins. Nays--Voatberg. Proof of publication certified to by the Publisher on Notice of Receipt of proposals for purchase of Lot 12 Block 2 Dubuque Technology Park and City Manager advising MCLEODUSA Network Services, Inc., requesting to purchase different lot in Dubuque Technology Park, presented and reac. Buol moved that the proof and communication be received and flied. Seconded by Markham. Motion carried 7-0. Proof of oubiication cerEfied to by the Publisher on Notice of Public Hearing to consider disposin; of property on Highway #32 a/K/a Northwest Arteda] and City Manager recommending to approval disposal of property, presented and read. Robbins moveo that the proot and communication be received and tiled. Seconded by Nicho[son. Motion Re.qular Sessioh; Jfii? ~0; 19~8 265 carded 7-0. RESOLUTION NO, 309-98 Whereas, pursuant to resoluton and published nofice of fime and place of hearing, publ~hed in the Telegraph Herald, a newspaper of general circula~on published in the Cgy of Dubuque, Iowa on loth day of July, 1998, the City Council of the City of Dubuque, Iowa mat on the 20th day of July, 1998, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot A of Lot 1-1-1-1 of the NWl/4 of the SW1/4 of Section 16, T89N, R2E, 5th P.M., Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objectons, oral or written to the proposal to salt such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot A of Lot 1-1-1-1 of the NWl/4 of the SWl/4 of Section 16, T89N, R2E, 5th P.M. in the C~ of Dubuque, Iowa to Corey Development, Ltd. be and the same is hereby approved for the coat of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayer be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Corey Development, Ltd. upon receipt of the purchase price in full. Sedan 3. That the City Clerk be and is hereby authorized and directed to record a cer~ed copy of this resoluten in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. °assed, approved and adopted this 20th day of July, 1998. Terre~ce M. Duggan, Mayor Attest MaryA. Davis, City Clerk Rabbies moved adoption of the reso[uton. Seconded by Nichdison. Motion carded Proo' of publication cedified to by the Publisher on Notice of Public Headng to consider granting easements for property adjacent to Bike/Hike Trail and City Manager recommending approval to grant easements, presented and read. Bual moved that the proof and communication be received and filed. Seconded byMarkham. Motion carded Ken Leik, 2853 Pinard, spoke requesting parking on the easement. RESOLUTION NO. 310-98 RESOLUTION TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANTING INGRESSIEGRESS EASEMENTS FOR CERTAIN PROPERTY OWNERS ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET, IN THE CITY OF DUBUQUE, IOWA. Whereas, pumuant to Resolution No. 292-98 and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general cimalatJen published in the City of Dubuque, owa on the 10th day of July, 1998, the C~ Council of the City of Dubuque, Iowa met on the 20th day of July, 1998, at 7:00 p.m. in the Public Library Auditorium, 360 W411th Street, Dubuque, Dubuque County, iowa to consider the proposal for the dispos'CJon of an interest in rea] property by granting ingrass/egress easements described as: A. A 33 foot by 200 foot ingress/egress easement over and across part of Lot 6 of Mineral Lot 322, as shown on the attached exhibit. B. A 30 foot by 100 foot an(: a 33 foot by 50 foot ingress/egress easement over and across part of Lot 6 of Mineral Lot 322, as shown on the attached exhibit_ C. A 12,150 square foot area consisting of a 30 foot by 100 foot ingress/egress easement, a 15 foot by 365 foot ingress/egress easement, a 30 foot by 75 foot ingress/egrass easemenf, and a 75 foot by 18 foot ingress/egress easemem ever and across pad: of Lot 6, part of Lot 7 and part of Lot 2 of 8 all of Mineral Lot 322 and part of the abandoned raiiread right-of-way abutting Lots 49 and 50 in Glendale Addition, as shown on the attached exhibiL D. A 3,250 square foot area consisting of a 20 foot by 50 foot ingrass/egress easement and a 15 foot by 150 foot ingrees/egress easement ever and across part of the abandoned railroad right-of-way from 29th Street to 30th Street between Lots 57, 58, 59, 60, 61, 62, 63 and 64 in Glendale Addition, ss shown on the attached Regular Session, July 20, 1998 exhibit. E. A 15 foot by 150 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 29th Street to 30th Street between Lots 58, 59, 60, 61, 62 and 63 in Glendale Addition, as shown on the attached exhibit F. A 15 foot by 50 foot ingress/egress eaeemem over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 145 and 122 in Glendale Addition No. 2, as shown on the attached exhibit. G. A 15 foot by 100 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 144, 145, 122 and 123 ir Glendale Addition No. 2, as shown on the attached exhib~ H. A 15 foot by 100 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Street to 29th Street between Lots 132, Lot2 of 133, 134 and 135 in Glendale Addition No.2, as shown on the attached exhibit. Whereas, the City Counci~ of the City of Dubuoue, Iowa overruled any and all objections, oral or written, to the proposal to dispose of an interest of the City of Dubuque, Ia,va, in the herefnabove described raal property by granting ingrass/egress easements for certain property owners adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street, all in the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of an interest of the City of Dubuque, Dubuque County, Iowa in real property by granting ingrass/egraes easements to certain property owners described as: A. A 33 foot by 200 foot ingrass/egrass easement over and across par[ of Lot 6 of Mineral Lot 322 with access from Liege Street to Dubuque Stamping and Manufacturing, Inc., 32nd and Jackson Streets. B. A 30 foot by 100 foot and a 33 foot by 50 foot ingress/egress easement over and across part of Lot 6 of Mineral Lot 322 with assess from Liege Street To Dubuque Logistics, 3110 Washington Street C. A 12,150 square foot are~ consisting of a 30 foot by 100 foot ingress/egress easement a 15 foot by 365 foot ingress/egress easement, a 30 foot by 75 foot ingress/egress easement, and a 75 foot by 18 foot ingress/egress easement over and across part of Lot 6. part of Lot 7 and part of Lot 2 of 8 all of Mineral Lot 322 and part of the abandoned railroad right-of-way abutting Lots 49 and 50 in Glendale Addition, between and w~th access from Liege Street and 30th Street, to Dubuque Storage and Transfer, 3040 Elm Street, for the exclusive use af ReCap Company, a subsidiary of Dubuque Storage and Transfer. D. A 3,250 square foot area consisting of a 20 foot by 50 foot ingress/egrsss easement and a 15 foot by 150 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 29th Street to 30th Street betwee~ Lots 57, 58, 59, 60, 61, 62, 63 and 64 in Glendale AddiSon to John and Thelma Hanson, 2920 Elm Street E. A 15 foot by 100 foot ingrass/egress easement over and across par[ of the abandoned railroad right-of-way from 29th Street to 30th Street between Lots 58, 59, 60, 61, 62 and 63 in Glendale Addition to James Leytem, 2918 Elm Street. F. 15 foot by 50 foot ingress/egress easement over and across part of the abandoned railroad right-of-way from 28th Stree! to 29th Street between Lots 145 and 122 in Glendale Addition No. 2 to Joseph S. Casanova, 2855 Pfnard Street. G. 15 foot by 100 foot ingress/egress easement over and across par~ of the abandoned railroad right-uf-way from 28th Street to 29th Street between Lots 144, 145, 122 and 123 in Glendale Addition No. 2 to Kenneth and Sue Ellen Leik, 2853 Pinard Street. H. 15 foot by 100 foot ingress/egress easemen[ over and across part of the abandonec railroad right-of-way from 28th Street to 29th Street between Lots t32, Lot 2 of 133, 134 and 135 in Glendale Addition No. 2 to Giese Company, 2820 Elm Stree[ Section 2. That the Mayor be authorized and directed to execute the Ingress/Egress Easemenm, and the City Clerk be and is hereby authorized and directed to de[h/er said Easements to the property owners referenced above. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and the Dubuque County Auditor. Reqular Sessio~i; ~di~ ~, t 998 267 Passed, approved and adopted this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: Maw.a. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. Corporation Counsel advising of procedure pertaining to the Appeal by Amedcan Trust & Savings Bank for the demolition of the American Tower Bul]ding iccated at 9th & Locust Streets, Walt Pregler (2 lat[em) and Eldon Digman expressing their support for a permit to dismantle the building on the coroer of 9th & Locust Skeets, Petition containing 58 signatures requesting to leave buildlag at 9th & Locust Streets remain standing and John Whelen, M.D. submitting an offer to help develop the Amedcan Tower Building, presented and road. Voetberg moved that the commuelcations be received and tiled. Seconded by Buet. Motion carded 7-0. At[omay John O'Connor, representing Amedcan Trust and Savings Bank, spoke requesting the Counc~ override the HPC recommendation. Voetberg moved to affirm the decision of the Histedc Preservation Commission. Seconded by Michalski. Vote on the motion was as follows: Yeas--Vic halski, Voetberg. Nays--Duggan, Buel, Markham, Nicholson, Robbins. MOTION FAILED. Markham moved to reverse the decision of' the Histedc Preservation Commission and grant a Cer[Jficate of Economic Hardship to Amedcan Trust Anc Savings Bank. Seconded by Nicholson. Carded by the felicwing vote: Yeas--Duggan, Buol, Markham, Nicholson, Robbias. Nays---Michalski, Voetberg. Council recessed at 9:1'~ p.m.; Council reconvened at 9:22 p.m. C~ Manager responding to concems received from Mark Sullivan on the Dubuque Police Department Policy regarding Acbident Invastigations, presented and read. Buol moved that the City Manager is to pursue putting together a committee of citizens to give Council some options. Seconded by Robbins. Motion carried Attorney Mark Sullivan spoke requesting Police investigate ali vehicle accidents and add more Police to do this, if needed. City Manager recommencfing approval of purchase agreement for 21.5 acres of land with CMC Heartland Partners, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Michalskf. Motion carried 7-0. City Manager submitting documents providing for bidding process for Consb'uction of U.S. Highway 20 Water Main Extension project. Voetberg moved that the communication be received and filed. Seconded by Buel. Motion carded 7-0. RESOLUTION NO. 311-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas, the proposed p~ans, speclficaCdons and form of contract for the installation of approximately 3,549 feet of 12-inch and 5,828 feet of ductile iron water main on U.S. Highway 20 in the estimated amount of $651,687.30 dollars have been prepared by Kirkhem, Michael and Associates, Engineering Firm of Urbandsie, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, spec'r~cetions and form of Contract are approved and ordered filed in the office of the city Clerk for public inspection. Passed, approved and adopted this 20th day of July, 1998. Terrence M. Duggan, Mayor At[est: Mary A. Davis, City Clerk Voetberg moved adopflo~ of the Rsselution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 312-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval of the proposee plans~ specifications, and form of contract and placed same on file in the office of the City Clerk for the installation of approximately 3,549 feet of 12-inch and 5,828 feet of duc~le iron water main on U.S. Highway 20. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That on the 3rd day of 268 Regular Session, July 20, 1998 AugusT, 1998 a public heating will be held at 7:00 D.m. in the Public Library Auditofiurr 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 ciroulafion in the City of Dubuque, owa which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration At the heating, any interested person may appear and file objections to the proposed plans, specifications, form of contract or estimated cost of the improvemen~ Passed, approved and adopted this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by Buo[. Motion carried 7-0. RESOLUTION NO. 313-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED 3Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the installation of appmximataiy 3,549 feet of 12-inch an(: 5,828 feet of ductile iron water main with accessories on U.S. Highway 20 is hereby ordered to be advertised for bids for construction. Section 2. That the amounz of the security to accompany each bid shall be in amount which shall conform to ' the ~rovisions of the notice to bidders hereby approved as part of the plans and specifications heretofore adopted. Section 3. That the City Clerk is hereby directed to advertise for bids for the construction of the improvement herein provided to be published in a newspaper having general circulation n the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 P.m. on the 28th day of July, 1998. Bids shall be opened and read by the City Clerk at said time and 'Mil be submitted to the Council for final action at 7:00 p.m. on the 3rd day of August, 1998. Passed, approved and adopted this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by BuoL Motion carried 7-0. City Manager requesting public hearing be set for Monday, August 24, 1998 at 7:00 p.m. in Public Library Auditorium to consider disposing of property in Dubuque Technology Park to McLeodUSA Network Services, ,nc. (Special Meeting) presented and read Voetberg move(: that the communication be received and filed and approved to set this for Public Hearing on M.onday, August 24, 1998 at 7 p.m. ~n the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by BuoI. Motion carded 7-0. RESOLUTION NO. 314-98 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OFFERING PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2) DETERMINING THAT THE PROPOSAL SUBMITTED 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. IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING ' COMPETING PROPOSALS Whereas, the City of Dubuque, Iowa, did on April 7, 1997, adopt an Urban Renewal Project known as the Dubuque industrial Center South Economic Deve[apment District (the "Plan") for the urban renewal area described therein; and Whereas, such Plan provides for among other things, the disposition of propeffdes for private development purposes as a proposed renewal action; and Whereas, McLeodUSA Network Services, Inc. (the "Developer') has submitted to the City a specific proposal for the acouisifion of certain property hereinafter described for the development of telecommunications swffching facility, together with the request that this properly be made available for disposition as rapidly as possible; and Whereas, in order [o esrablish reasonably comeetitive bidding erocadures for disposition of the properly in accordance with the Re.qular Session, ~Jiif? 20~ 1998 269 statutory requirements of Chapter 403, Code of Iowa 1997, padJculady Section 403.8, and to assure that the City extends a full and fair opportun~ to alt developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive c~eria for the property offedng has been prepared and is attached hereto as Exhibit "A" and by this reference s made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to qualify for consideretion with respect to the competitive cdteda, the information and documents which must be submitted, and the schedule for submission and competitive bid-off procedures; and Whereas, said Devaloper has tendered Devalopmeat Agreement which the City, attached hereto as Exhibit "B", which proposes the devalopmen~ of a telecommunications switching facliRy on this property;, and Whereas, to both recognize the firm proposal for disposition of the property already received by the City, as described above, and to give full and fair opportunity to other developers interested in submR~ng a proposal for development of the property, this Council should by this Raselution: 1) Set the Fair Market Value of the peme! as determined by an independent appraiser for uses in accordance With the Urban Renewal Plan; 2) Approve the Guidelines for Developers for the Dubuque Industris] Center South Economic Development Distdct Urban Renewal Plan Area for submission of proposals for the purchase and development of the property and the minimum requirements and compel~ve cfitar[a attached hereto as Exhibit 3) Approve as to form the Developer's proposed Devalopment Agreement attached heroic as Exhibit 4} Set a date for receipt of compe~ng 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 with recommendations to this Council in accordance with established procedures; 5) Declare that the proposal submitted by the Devaloper satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the Ctiy intends to accept such proposal and enter into the Development Agreement and direct publication of notice of sal(: intent; 6) Approve and direct publication of a notice to advise any would be competitors of the opportunity to compete for purchase of the property for development on the terms anP conditions set out above; 7) Declare that in the event another qualified proposal is timely submitted and accapted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by ~ and Whereas, this Council balievss it is in the best interest of the City and the Plan to act as expeditiously as DOSSible to offer this property for development as set forth ~ereln. NOW, THEREFORE, BE IT :~ESOLVED BY THE CRY COUNCIL OF THE CITY OF DUBUQUE, IOWAc Section 1. That the following described property shall be offered for development In accordance with the terms and condi'dons contained in this Resolution, to wit: Lot 3, Block 'J of Dubuque Technology Park, in the City of Dubuque, Dubuque County, Iowa. Section 2. That the Fair Market Value of the property shall be $76,230 per bulidable acre which is as recommended in the July 14, 1998 appraisal repor~ prepared bythe Robert Felderman of Feiderman Appraisals. Section 3. That it is hereby determined that in order to qual~y for consideration for saisction each Developer must submit a pro. posal which meets these minimum requirements: a) Contains an agreement to acquire the property at not less than the Fair Market Value for use in accordance with the Plan; b) Is for the development of the property for use by expanding and new businesses in conformance with the Plan and is not for speculative development; c) Includes a construction schedule n which the construction of apprex~mateiy 10,000 square feet of building space is substantially comp[ate on or before the 15th day of February, 1999; d) Sets out or provides through other means acceptable to the CRy the proposed devaloper's experience in working with other develcpmem 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 270 Regular Session, July 20, 1998 pedormance 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 mimmum requirements as determined Dy the City, shall be reviewed on the basis of the strength of such proposal as judged by the following compe~ve criteria: a) Quality of the proposal 1) The overall cost ofthe project; and 2) The types of materials shown for constru~on of the structure. b) Architectural 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 fessibil[ty of the proposed development 1) The economic re[urn 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 related development in the urban renewal district: and 2) The ability of the prospective developer to tinance and comp[eta the project as proposed. Section 5. That the proposed Development Agreement by and between the City an(: Developer: be and is hereby approved as to form for the purposes hereinafter stated Section 6. That for the purpose of defining the offering cf the property for develocment, said Development Agreement sha be deemed to be illustrative of 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; f) Covenants; g) Events of Default and Remedies; and h) General terms and provisions provided, nowever, that each competing proposal and contract shall be permitted to: a) Devise and repot/its own design for development so long as the minimum requirements set out in Exhibit "A" are met;, b) Devise and repor~ its own method and sources of financing, so long as such proposa~ is suff~cient to assure financing of the project in a timely manner; ano c) Allow taking possession of the property to be delayed for up to six (6} months after the execution of the contract. No other substantive deviations will be permitted. Section 7. That the proposed Development Agreement submitted by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely 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 qualifications' financial resources and legal ability necessary to acquire and develop the properly in the manner proposed by this offering in accordance with the Plan. Sectio~ 9. That it is hereby determined that the disposition price for the properb/ offered to the Developer shall be in the amount of the Fair Market Value as established by this Council for usss in accordance with the Plan. Section 10. That the City Clerksha]l receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualifie(: proposals are time)y submitted, 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 concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, m 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. Thatthe official notice of this offering and of the intent of the C~, in the event no other qualified proposa{s are lJmeiy submitted, to enter into the Development Agreement by and between the City and the Developer, shall be a true copy of this Resciution. 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 Telegraph Herald, a Reqular Session, giJli~ 20, 1998 271 newspaper having a general circulation in the community, by publication of the text of this F~esolution on or before the 22nd day of July, 1998. Section 14. That wdtten 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., August 24, 1998. Said proposals wil~ be received in the Office of the City Clerk, located on the tirst floor at City Hail, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Ha!l, Dubuque, iowa on August 24, 1998. Said proposals will then be presented to the City Council at 7:00 p.m., August 24, 1998, at a meeting to be held in the Auditorium of the Carnegie Stout Public Library, Dubuque, Iowa. Section 15. Thatsuch offering shall be in substantial conformance with the provisions of Sec~ee 403.8, Code of owa, requinng "reasonable competi~ve bidding procedures" as are hereby prescribed which method is hereby determined to be the appropnata 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 propceais for the sale of the Droper[y from the City Manager or his designated staff member at the date and according to the procedure hereinabova' specified for receipt of such proposals and to oroceed at such time to 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 propesal for compliance with the mimmum requirements established by this Council herainabova. For each proposal which satisfies these requ~raments, the Council shall judge the strength of the proposal by the comeetitive criteda established hereinabove. The Council shall then make the final evaluation and selection of the proposals. Section 18. That following resa~pt of competing proposals, the Developer shall have Jntil 10:00 a.m. on August 31, 1998, to amend its proposal in response and to deliver same to the City Clerk. Section 19. That if, and only if. competing proposals are received and date. rmined by the Council to meet the mm~mum requirements of this Resolutior., and the Developer amends its proposal in response thereto, such Council shall for[hwith schedule a meeting withir, sever (7) days after August 31, 1998, at which meeting there shall be a bid-off, each proposal against the other, sedatim starting with the second proposal received until such time as each proponent for the eels of the property shall decline [o improve its bid in response to the last bid ortho other bidder or bidders. The pedod of time to be allowed for such bid-oft 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 pedod and shall be absolute. Section 20. That in the event another qualified proposal is timely submitted and accepted by the CH, another and further Notice shall be oublished of the intent of the City of Dubuque, low~, to enter into the resulting contract, as required by law. Passed, approved and adopted this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: MaryA_ Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager subm~ng bidding documents providing for completion of Dubuque Technology Park - Site Grading Completion, presented and read. MichalsPJ moved that the communication be received and t-dod. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 31598 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Techndiogy Park - Site Grading Completion, in the estimated amount of $313,415.00, are hereby approved and ordered filed in the office of the CH Clerk for public inspection. Passed, adopted and approved this 20th day of July, 1998. Torrance M. Duggan, Mayor 272 Regular Session, July 20, 1998 Attest: MaryA. Davis, City Clerk Michaiski moved adootion of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION No. 316~98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the Citf Council of the City of Dubuque, Idwa has given its preliminary approval on the =roposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Technology Park - Site Grading Completion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 3rd day of August, 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 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 Cb of Dubuque, Iowa. which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the heating, 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 20th day of July, 1998. Torrance M. Duggan, Mayor Attest: Man/A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded. by Robbins Motion carded 7-0. RESOLUTION NO. 317-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE: IOWA: That the [~ubuque Technology Park - Site Grading Completion is hereby ordered to be advertised fer bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approveo as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein Dravided, to be published in a newspaper having general circulation ~n the City of Dubuque, Iowa, which notice shall not be less than four days nor mare than forty-five aays prior ~o the receipt of said bids at 2:00 p.m. on the 30th day of July, 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 3rd day of August, 1998. Passed, adopted and approved this 20th day of July, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Rhodes "Bud" Isenha& spoke o~ va~ous ~suss. At 10:11 p.m. Voetberg moved to go into Closed Session -- In accordance with Chapter 21.5 1.(c) State Code of Iowa. 1997 as amended. To discuss strategy with counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the governmentaJ body in this litigation; and (j) To discuss the purchase of particular real estate where pmmatura disclosure could be reasonably expected to increase the pnce the governmental body would have to pay for that property; and In accordance with Chapter 20.17 (3) To discuss Bargaining Strategy. Seconded by Michaiski. Motion carded 7-0. Council reconvened Regular Session at 11:08 p.m. wfth statement that Staff had been given proper direction. There being no further business, Michalski movedto adjourn. Seconded by Buol. Motion carded 7-0. The meeting adjourned at 11:09 o.m. /s/Mary A. Davis, CMC City Clerk Reqular Session, JulY/20, 1998 271 Approved Adc City Clerk ¢,1998