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City Council Proceedings February 2001 Regular Session, February 5, 2001 19 DUBUQUE Oversight Advisory Commission, presented and read. Buol moved that the reports be received CITY COUNCIL and filed. Seconded by Robbins. Motion carried OFFICIAL 7-0. PROCEEDINGS Substance Abuse Services Center Second City Council, Regular Session, February 5, Quarter Report, presented and read. Buol 2001 moved that the report be received and filed. Council met in Regular Session at 6:30 P.M. in Seconded by Robbins. Motion carried 7-0. the Library Auditorium Present: Mayor Duggan, Council Members Notice of Claims/Suits: Ross Ball in estimated Buol, Cline, Markham, Michalski, Nicholson, amount of $270 for property damage; Thomas J. Robbins, City Manager Michael Van Milligen, and Michelle M. Frick in undetermined amount Corporation Counsel Barry Lindahl. for vehicle damage and personal injuries; Grove Tool, Inc. in estimated amount of $209 for Mayor Duggan read the call and stated this is vehicle damage; Kathleen M. Kane in estimated the regular session of the City Council called for amount of $48.74 for vehicle damage; the purpose of acting upon such business which Mackenzie Kylmanen for personal injuries; Kelly may properly come before the City Council. Larson in undetermined amount for vehicle damage; Lois Link in undetermined amount for Invocation was given by Reverend Anthony personal injuries; Mercy Health Center in Noel, Pastor of Abundant Harvest Church of estimated amount of $191.20 for property God. damage; Kim Mesch in estimated amount of $367.41 for property damage; Monte Carlo Ralph Vedder of Divine Word Seminary in Restaurant in undetermined amount for loss of Epworth introduced two students with a group of business; Brian C. Noel in undetermined amount students from France who addressed the for vehicle damage; Mary C. Oglesby in Council expressing appreciation for this undetermined amount for personal injuries; introduction to our city government. Susan A. Walgamuth in undetermined amount for vehicle damage, presented and read. Buol CONSENT ITEMS moved that the claims and suits be referred to the Legal Staff for investigation and report. Minutes Submitted: Airport Commission of Seconded by Robbins. Motion carried 7-0. 12/28/01, 1/03, and 1/08; Cable Community Teleprogramming Commission of 1/9; City Corporation Counsel advising the following Council of 1/11 and 1/15; Civil Service claims have been referred to Public Entity Risk Commission of 12/27/00; Environmental Services of Iowa, the agent for the Iowa Stewardship Advisory Commission of 1/9; Five Communities Assurance Pool: Vicki Bechen for Flags Commission of 12/18/00 and 1/15/01; property damage; Ronnie Hess for vehicle Housing Commission Trust Fund of 1/18; damage; Thomas and Michelle Frick for vehicle Human Rights Commission of 11/13/00; damage; State Farm Insurance for property Investment Oversight Commission of 1/18; Long damage; The Shot Tower Inn for loss of Range Planning Advisory Commission - business; and John Vollenweider for vehicle Downtown Planning Committee of 1/8; Park and damage, presented and read. Buol moved that Recreation Commission of 1/9; Transit Board of the communications be received and filed and 1/17, presented and read. Buol moved that the concurred with the recommendations. Seconded minutes be received and filed. Seconded by by Robbins. Motion carried 7-0. Robbins. Motion carried 7-0. Corporation Counsel recommending Proof of Publication for Council Proceedings of settlement of the claims of David and Monica 1/2/00, 1/11, and 1/15; presented and read. Buol Ackley in the amount $275.53 for vehicle moved that the proofs be received and filed. damage; Grove Tool, Inc. in the amount of $209 Seconded by Robbins. Motion carried 7-0. for vehicle damage; Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Printed Council Proceedings for December Medical Center in the amount of $191.20 for 2000, presented and read. Buol moved that the property damage, presented and read. Buol proceedings be approved as printed. Seconded moved that the communications be received and by Robbins. Motion carried 7-0. filed and approved settlement and Finance Director be directed to issue the appropriate Finance Director submitting the Financial checks. Seconded by Robbins. Motion carried 7- Reports for the month ending December 31, 0. 2000; Quarterly Report of the Investment 20 Regular Session, February 5, 2001 Corporation Counsel recommending denial of Clint Sharkey Raymond Stuart the property damage claim of Ross Ball; the Robert Barry Pat DeHeck property damage claim of Don Ernzen; and the Jeffrey Simons Steven Clewell vehicle damage claim of Rhonda Gotto; Kevin Hammond Steven Meyers Corporation Counsel recommending that the Owen Rohr Alan Meier sewer backup claim of Dolores M. Kotz be Randy Vaske Patrick Klein referred to Tschiggfrie Excavating Company, Duane Schreiber Steven Vandal presented and read. Buol moved that the Brian Odefey Kenneth Deckert communications be received and filed and Martin Deckert Tom Paar concurred with the dispositions. Seconded by John Link Kevin Merkes Robbins. Motion carried 7-0. Mark Hanson Ronnie Jaacks Richard Meyer Shawn Roth Corporation Counsel advising that the property Respectfully submitted, damage claim of Phil Meyer has been forwarded /s/ Loras J. Kluesner, Chairperson to County Attorney Fred McCaw for payment, /s/ Merle Duehr presented and read. Buol moved that the Civil Service Commission communication be received and filed. Seconded by Robbins. Motion carried 7-0. January 18, 2001 Honorable Mayor and Citizen Communications: Communication of Members of the City Council Peter Seitz regarding radon levels within the In accordance with Chapter 400 of the 1999 City; Communications of Dick Wertzberger and Code of Iowa, an examination for the position of Walter Pregler regarding the Town Clock Plaza Information Technology Specialist was issue, presented and read. Buol moved that the conducted. We hereby certify that the individuals communications be received and filed. have passed this written examination and the Seconded by Robbins. Motion carried 7-0. vacancy for this position should be made from this list and that this list is good for two (2) years Plastic Center, Inc./United Rental Property: from above date. City Manager recommending approval of a INFORMATION TECHNOLOGY SPECIALIST Purchase Agreement with Plastic Center, Inc. for Christine Olsowka Brian Ricke purchase of the United Rental Property, Barb Goebel Richard Grace presented and read. Buol moved that the Joseph Pregler Michael Latimer communication be received and filed and Kim Wertzer Leonard Stroschein approved recommendation. Seconded by Respectfully submitted, Robbins. Motion carried 7-0. /s/ Loras J. Kluesner, Chairperson /s/ Merle Duehr Dubuque Metropolitan Area Solid Waste Civil Service Commission Agency: Communication from Jan Hess, Agency Buol moved that the above Civil Service Secretary, submitting the tipping fees and certifications for Truck Driver and Information budget for the Dubuque Metropolitan Area Solid Technology Specialist be made a matter of Waste Agency Landfill for Fiscal Year 2002, record. Seconded by Robbins. Motion carried 7- presented and read. Buol moved that the 0. communication be received and filed. Seconded by Robbins. Motion carried 7-0. City Manager submitting the fifth edition of the annual “River Town Rents” survey from the December 27, 2000 Housing Trust Fund Committee, presented and Honorable Mayor and read. Buol moved that the communication be Members of the City Council received and filed. Seconded by Robbins. In accordance with Chapter 400 of the 1999 Motion carried 7-0. Code of Iowa, an examination for the position of Truck Driver was given on December 14, 2000. Eighth Street - Acceptance: City Manager We hereby certify that the individuals listed on recommending acceptance of the Eighth Street the attached sheet have passed this written Reconstruction Project in the final contract examination and the vacancy for this position amount of $1,169,718.88, presented and read. should be made from this list and that this list is Buol moved that the communication be received good for two (2) years from above date. and filed. Seconded by Robbins. Motion carried TRUCK DRIVER 7-0. CERTIFIED LIST RESOLUTION NO. 21-01 Garry Clauer Tim Leibold ACCEPTING IMPROVEMENT Richard Heston Herb Deutmeyer Steve Siefker Robert Wissing Whereas, the contract for the Eighth Street Thomas Berger Tom Kuehn Reconstruction Project (Locust Street to Iowa Regular Session, February 5, 2001 21 AND DIRECTING THE CLERK TO CERTIFY Street) has been completed and the City THE FINAL SCHEDULE AND TO PUBLISH Manager has examined the work and filed his NOTICE THEREOF. certificate stating that the same has been completed according to the terms of the NOW THEREFORE, BE IT RESOLVED BY contract, plans and specifications and THE CITY COUNCIL OF THE CITY OF recommends its acceptance. DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY That after full consideration of the final THE CITY COUNCIL OF THE CITY OF schedule of assessments and accompanying DUBUQUE, IOWA: plat showing the assessments proposed to be Section 1. That the recommendation of the made for the Eighth Street Reconstruction City Manager be approved and that said Project (Locust Street to Iowa Street) under improvement be and the same is hereby contract with Portzen Construction Co., of accepted. Dubuque, Iowa, which final plat and schedule BE IT FURTHER RESOLVED that the City were filed in the office of the City Clerk on the Treasurer be and he is hereby directed to pay to 31st day of January, 2001, the said schedule of the contractor from the General Fund in amount assessments be and the same is hereby equal to the amount of this contract, less any approved and adopted. retained percentage provided for therein. That there be, and is hereby assessed and th Passed, approved and adopted this 5 day of levied as a special tax against and upon each of February, 2001. the lots, the respective sums indicated. Terrance M. Duggan, Mayor Provided, further, that the amounts shown in Attest: Jeanne F. Schneider, City Clerk said final schedule of assessments as Buol moved adoption of the Resolution. deficiencies are found to be proper and levied Seconded by Robbins. Motion carried 7-0. conditionally against the respective properties benefited by the improvements as shown in the RESOLUTION NO. 22-01 schedule, subject to the provisions of Section FINAL ESTIMATE 384.63 of the Code of Iowa. Said assessments Whereas, the contract for the Eighth Street against said lots are hereby declared to be in Reconstruction Project (Locust Street to Iowa proportion to the special benefits conferred and Street) has been completed and the City not in excess of twenty-five percent of the value Engineer has submitted his final estimate of same. showing the cost thereof including the cost of That the City Clerk be and is hereby directed estimates, notices and inspection and all to certify said schedule to theCounty Treasurer miscellaneous costs; of Dubuque County, Iowa, and to publish notice NOW THEREFORE, BE IT RESOLVED BY of said certification once each week for two THE CITY COUNCIL OF THE CITY OF consecutive weeks in the manner provided in DUBUQUE, IOWA: Section 362.3, the first publication of which shall Section 1. That the cost of said improvement is be not more than fifteen days from the date of hereby determined to be $1,169,718.88. filing of the final schedule. On or before the date Section 2. That $248,652.26 of the cost of the second publication of the notice, the City thereof shall be assessable upon private Clerk shall also mail a copy of said notice to property and $921,066.62 shall be paid from the property owners whose property is subject to General Fund. assessment, as provided and directed in Section th Passed, approved and adopted this 5 day of 384.60 of the Code of Iowa. February, 2001. That assessments may be paid in full or in part Terrance M. Duggan, Mayor without interest at the office of the County Attest: Jeanne F. Schneider, City Clerk Treasurer, at any time within 30 days after the Buol moved adoption of the Resolution. date of the first publication of this notice of the Seconded by Robbins. Motion carried 7-0. filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid RESOLUTION NO. 23-01 assessments of $50.00 or more are payable in A RESOLUTION ADOPTING THE FINAL 10 annual installments and will draw annual ASSESSMENT SCHEDULE FOR THE EIGHTH interest at nine percent (commencing on the STREET RECONSTRUCTION PROJECT date of acceptance of the work) computed to the (LOCUST STREET TO IOWA STREET) December 1 next following the due dates of the INCLUDING CERTAIN INFORMATION respective installments as provided in Section REQUIRED BY THE CODE OF IOWA, 384.65 of the Code of Iowa. Each installment will SPECIFICALLY, THE NUMBER OF ANNUAL be delinquent from October 1 following its due INSTALLMENTS INTO WHICH ASSESS- date on July 1 of each year. Property owners MENTS ARE DIVIDED, THE INTEREST ON may elect to pay any annual installments ALL UNPAID INSTALLMENTS, THE TIME semiannually in advance. WHEN THE ASSESSMENTS ARE PAYABLE 22 Regular Session, February 5, 2001 th Passed, approved and adopted this 5 day of development land located in the Dubuque February, 2001. Industrial Center West; and Terrance M. Duggan, Mayor Whereas, the improvement of this property Attest: Jeanne F. Schneider, City Clerk requires new primary access into the site from CITY OF DUBUQUE, IOWA Seippel Road which then provides direct access EIGHTH STREET to U. S. Highway 20; and (LOCUST STREET TO STREET) Whereas, the Iowa Department of SCHEDULE OF VALUATION AND Transportation, through its Revitalize Iowa's PROPOSED ASSESSMENTS Sound Economy (RISE) program's Competitive OWNER LEGAL DESCRIPTION DEFICIENCY Rating Funding, has monies available for the TOTAL NET ASSESS. development of public roadways to support DUBUQUE ORIGINAL TOWN future economic development opportunities. Dubuque Savings and Loan Assoc. S62’ of E43’ NOW, THEREFORE, BE IT RESOLVED BY of City Lot 172 $10,019.73 $14,823.24 THE CITY COUNCIL OF THE CITY OF Barn Community Theatre – Grand Opera House DUBUQUE, IOWA: W70’ Of City Lots 171 & 172 $24,842.97 Section 1. That the City of Dubuque hereby Security Partners, LP endorses the application to the Iowa Department City Lots 29,30 & 31 $24,625.05 of Transportation for RISE funding to provide Security Partners, LP access into this industrial area via an extension City Lot 55 $15,254.46 of Chavenelle Road west from Seippel Road. Plastic Center Inc. Section 2. That the City of Dubuque hereby City Lots 146 & 147 $ 9,270.59 certifies that the roadway improvements will be Cycare Systems Inc. N/K/A HBO & Co. City Lots dedicated to public use and will remain so 145, 144,143,142 & 141 $24,842.97 dedicated to public use. Banner Investments City Lots 56 & 57 & N. Section 3. That the City of Dubuque hereby 23’ of City Lot 58 $24,842.97 assumes responsibility for and ongoing Steele, Michael D. maintenance of these improvements and City Lot 28 $24,625.05 ensures that they will be adequately maintained DUBUQUE DOWNTOWN PLAZA in the future. City of Dubuque Lot 9 $31,380.60 Section 4. That the City Manager is authorized City of Dubuque City Right of Ways to sign, on behalf of the City Council, the $54,044.36 application for RISE funding. TOTAL $248,652.26 Passed, approved and adopted this 5th day of Buol moved adoption of the Resolution. February, 2001. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RISE Application - Chavenelle Road Extension Buol moved adoption of the Resolution. West from Seippel Road: City Manager Seconded by Robbins. Motion carried 7-0. recommending approval of a RISE Grant application for a new Chavenelle Road Excess Risk Insurance Policy: City Manager extension west from Seippel Road into the recommending approval of the Excess Risk westerly 40 acres of the Dubuque Industrial Insurance Policy with Allianz for the City’s Center West, presented and read. Buol moved health, prescription drug and dental insurance that the communication be received and filed. plans, presented and read. Buol moved that the Seconded by Robbins. Motion carried 7-0. communication be received and filed and approved recommendation. Seconded by RESOLUTION NO. 24-01 Robbins. Motion carried 7-0. A RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S Lease Agreement with Tri-State Modelers: City SOUND ECONOMY (RISE) APPLICATION TO Manager recommending approval of a lease THE IOWA DEPARTMENT OF TRANS- agreement with the Tri-State Modelers for a PORTATION FOR THE EXTENSION OF section of the former Roosevelt Park, presented CHAVENELLE ROAD WEST FROM SEIPPEL and read. Buol moved that the communication ROAD. be received and filed and approved Whereas, the City of Dubuque believes that recommendation. Seconded by Robbins. Motion economic development opportunities require carried 7-0. developable industrial land with adequate public infrastructure in order to retain and attract new Five Flags Theater Rest Room Renovation job creating businesses and industries to this Project - Acceptance: City Manager community; and recommending acceptance of the Five Flags Whereas, the City of Dubuque is subdividing Theater Rest Room Renovation Project in the approximately 40 acres of industrial final contract amount of $142,968.10, presented Regular Session, February 5, 2001 23 and read. Buol moved that the communication presented and read. Buol moved that the be received and filed. Seconded by Robbins. communication be received and filed. Seconded Motion carried 7-0. by Robbins. Motion carried 7-0. RESOLUTION NO. 25-01RESOLUTION NO. 27-01 ACCEPTING IMPROVEMENTACCEPTING IMPROVEMENT Whereas, the contract for the Five Flags Whereas, the contract for the FIVE FLAGS Theater Rest Room Renovation Project has LAVATORY STATION REPLACEMENT been completed and the City Manager has PROJECT has been completed and the City examined the work and filed his certificate Manager has examined the work and filed his stating that the same has been completed certificate stating that the same has been according to the terms of the contract, plans and completed according to the terms of the specifications and recommends its acceptance. contract, plans and specifications and NOW THEREFORE, BE IT RESOLVED BY recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said Section 1. That the recommendation of the improvement be and the same is hereby City Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the Fiscal Year 2000 Treasurer be and he is hereby directed to pay to appropriations in the amount of $142,968.10 in the contractor from the Fiscal Year 2001 General Funds, in amount equal to the amount appropriations in the amount of $38,959 in of this contract, less any retained percentage General Funds, in amount equal to the amount provided for therein. of this contract, less any retained percentage Passed, approved and adopted this 5th day of provided for therein. February, 2001. Passed, approved and adopted this 5th day of Terrance M. Duggan, Mayor February, 2001. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Robbins. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 26-01 FINAL ESTIMATERESOLUTION NO. 28-01 FINAL ESTIMATE Whereas, the contract for the Five Flags Center Theater Rest Room Renovation Project Whereas, the contract for the Five Flags has been completed and the Engineer has Lavatory Station Replacement Project has been submitted his final estimate showing the cost completed and the Engineer has submitted his thereof including the cost of estimates, notices final estimate showing the cost thereof including and inspection and all miscellaneous costs. the cost of estimates, notices and inspection and NOW, THEREFORE, BE IT RESOLVED, BY all miscellaneous costs; THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED, BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the cost of said improvement is DUBUQUE, IOWA: hereby determined to be $142,968.10 and the Section 1. That the cost of said improvement is said amount shall be paid from the Fiscal Year hereby determined to be $38,959 and the said 2000 General Fund appropriations of the City of amount shall be paid from the Fiscal Year 2001 Dubuque, Iowa. General Fund appropriations of the City of Passed, approved and adopted this 5th day of Dubuque, Iowa. February, 2001. Passed, approved and adopted this 5th day of Terrance M. Duggan, Mayor February, 2001. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Robbins. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Five Flags Center Lavatory Stations Replacement Project: City Manager U.S. Department of Housing and Urban recommending acceptance of the Five Flags Development: Communication from the U.S. Center Lavatory Stations Replacement Project Department of Housing and Urban Development in the final contract amount of $38,959, (HUD) advising of the City’s revised allocations 24 Regular Session, February 5, 2001 for various HUD programs, presented and read. Section 4. Requiring all beverage containers Buol moved that the communication be received sold in Iowa to have a minimum post-consumer and filed. Seconded by Robbins. Motion carried recycled content of 25% by weight. 7-0. Section 5. Be it further resolved that the City Council encourages all residents to return or Expansion of the Bottle Bill: Communication recycle all beverage containers and other from the Environmental Stewardship Advisory recyclable materials and to fully utilize the City's Commission supporting the continuation and curbside recycling program. expansion of the Iowa Beverage Container Passed, approved and adopted this 5th day of Deposit Law, presented and read. Buol moved February, 2001. that the communication be received and filed. Terrance M. Duggan, Mayor Seconded by Robbins. Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. RESOLUTION NO. 29-01 Seconded by Robbins. Motion carried 7-0. A RESOLUTION SUPPORTING THE EXPANSION OF THE IOWA BEVERAGE Iowa Department of Transportation: CONTAINER DEPOSIT LAW. Communication from the Iowa Department of Whereas, the Beverage Container Deposit Transportation advising that they have received Law provides in a financial incentive through the the City’s letter regarding hospital signing on refundable deposit that has all but eliminated U.S. 20 in Dubuque and offering to meet with can and bottle litter Iowa; and Mayor Terry Duggan, presented and read. Buol Whereas, the Beverage Container Deposit moved that the communication be received and Law funds itself through the nickel deposit and filed and referred to the City Manager. refund, and relies on no taxes or unfunded Seconded by Robbins. Motion carried 7-0. mandates to local governments; and Whereas, through the Beverage Container Cable Television Franchises: Communication Deposit Law, Iowans recycle more than 90% of of City Manager to Senator Thomas Flynn containers compared to only 30% in states urging active opposition to Senate File 47 which without such laws; and discourages the granting of additional cable Whereas, 55% of all beer and soda containers television franchises in Iowa communities, recovered in the United States are from the ten presented and read. Buol moved that the deposit states, while the remaining 45% come communication be received and filed and from the forty non-deposit states; and concurred with the recommendation. Seconded Whereas, states with deposit laws also have a by Robbins. Motion carried 7-0. higher participation rate in residential recycling than do non-deposit states; and Harbor Community Investment: City Manager Whereas, an independent survey by the recommending acceptance of the warranty deed University of Northern Iowa shows that 85% of from Harbor Community Investment, LLC, Iowans support the deposit law, and 73% presented and read. Buol moved that the support expanding that law; and communication be received and filed. Seconded Whereas the Beverage Container Deposit Law by Robbins. Motion carried 7-0. has resulted in more than one hundred and forty RESOLUTION NO. 30-01 redemption centers in Iowa, providing jobs and ACCEPTING WARRANTY DEED FOR REAL wages in the private sector, and has created ESTATE IN DUBUQUE COUNTY, IOWA FROM jobs and supported employment for businesses HARBOR COMMUNITY INVESTMENT, L.C. that employ persons with disabilities. NOW, THEREFORE, BE IT RESOLVED WHEREAS, Harbor Community Investment, THAT THE CITY COUNCIL OF THE CITY OF L.C. (HCI), owns the following described real DUBUQUE, IOWA SUPPORTS THE property in Dubuque County, Iowa (the BEVERAGE CONTAINER DEPOSIT LAW AND Property): ND ENCOURAGES ITS EXPANSION TO Lot 2 in ADAMS COMPANY'S 2 ADDITION INCLUDE: in the City of Dubuque, Iowa, according to the Section 1. Creation of the Robert D. Ray recorded Plat thereof; Beautiful Land Fund to support local and state And litter and recycling initiatives. Lots 1, 2, 37 and 38, in Block 21; and Lots 27, Section 2. The addition of deposits on 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38, in containers of tea, water, fruit and vegetable Block 26; in Dubuque Harbor Improvement drinks, sports drinks, and other non-carbonated Company's Addition, in the City of Dubuque, beverages, excluding milk. Iowa, according to the recorded Plat thereof. Section 3. Increasing the handling fee per WHEREAS, HCI has delivered a Warranty container from one cent to two cents. Deed to the Property to the City of Dubuque. Regular Session, February 5, 2001 25 WHEREAS, the City Council of the City of Buol moved adoption of the Resolution. Dubuque desires to accept the Property on Seconded by Robbins. Motion carried 7-0. behalf of the City. RESOLUTION NO. 31-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Whereas, applications for Beer Permits have DUBUQUE, IOWA, AS FOLLOWS: been submitted and filed to this Council for The City Council of the City of Dubuque approval and the same have been examined hereby accepts the Warranty Deed to the and approved; and Property from HCI. Whereas, the premises to be occupied by such th Passed, approved and adopted this 5 day of applicants were inspected and found to comply February, 2001. with the Ordinances of this City and have filed Terrance M. Duggan, Mayor proper bonds. Attest: Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Robbins. Motion carried 7-0. DUBUQUE, IOWA: That the Manager be authorized to cause to be Quarterly Investment Report: City Manager issued the following named applicants a Beer submitting the Quarterly Investment Report, Permit. presented and read. Buol moved that the report CLASS “C” BEER PERMIT be received and filed. Seconded by Robbins. Dubuque Discount Gas Inc. Dubuque Motion carried 7-0. Discount Gas+(Sunday Sale) 2175 Central Dubuque Discount Gas Inc. Dubuque RESOLUTION NO. 32-01 Discount Gas+(Sunday Sale) 4110 Dodge Whereas, applications for Liquor Licenses Hill Street Plaza Oky Doky # 8 have been submitted to this Council for approval +(Sunday Sale) 535 Hill St and the same have been examined and Nash Finch Company EconoFoods approved; and #471+(Sunday Sale) 3355 JFK Rd Whereas, the premises to be occupied by such Passed, approved and adopted this 5th day applicants were inspected and found to comply February, 2001 with the State Laws and all City Ordinances Terrance M. Duggan, Mayor relevant thereto and they have filed proper Attest: Jeanne F. Schneider, City Clerk bonds. Buol moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Robbins. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: BOARDS/COMMISSIONS That the Manager be authorized to cause to be INTERVIEWS for the following issued the following named applicants a Liquor Boards/Commissions: License. BUILDING CODE BOARD OF APPEALS (2 CLASS “C: (COMMERCIAL) Vacancies): Chuck Carr (General Contractor); BEER/LIQUOR LICENSE Richard Luchsinger (At-Large). Mr. Luchsinger Town Clock Inn Inc spoke. Town Clock Inn 799 Main St COMMUNITY DEVELOPMENT ADVISORY Chi Chi’s Inc Chi-Chi’s Mexican Restr+ COMMISSION (4 Vacancies): James Giesen (Sunday Sale) 800 Wacker Dr (At-Large); Charles Isenhart (Census Tract #1). Hammerheads, Inc Hammerheads ENVIRONMENTAL STEWARDSHIP Bar/Billiards+(Sunday Sale) 2095 Kerper ADVISORY COMMISSION (2 Vacancies): Art James W. Goetzinger Goetz’s + Sunleaf. Mr. Sunleaf spoke. (Sunday Sale) 2776 Jackson Dubuque Inn Corp. Best Western Dubuque APPOINTMENTS to the following Inn + (Sunday Sale) 3434 Dodge St Boards/Commissions: Pusateris Enterprise Pusateris + ENVIRONMENTAL STEWARDSHIP (Sunday Sale) 2400 Central ADVISORY COMMISSION (2 Vacancies): Davey Robertson Public Bar Busted Lift Leslee Spraggins. (1 Day Outdoor Service) 180 Main St Michalski moved that Leslee Spraggins be CLASS “B” WINE appointed to the unexpired three year term Nash Finch Company EconoFoods #471 which will expire 10-1-03. Seconded by 3355 JFK Rd. Nicholson. Motion carried 7-0. Passed, approved and adopted this 5th day of February, 2001. ACTION ITEMS Terrance M. Duggan, Mayor Dubuque Golf and Country Club - Stop Sign Attest: Jeanne F. Schneider, City Clerk Change Request: City Manager recommending approval of a request from the Dubuque Golf 26 Regular Session, February 5, 2001 and Country Club to reassign the right-of-way to consideration and passage of the Ordinance. Bradley Street at Rider, and to place an Seconded by Nicholson. Motion carried 7-0. additional stop sign for northbound vehicles on Perry at Rider, presented and read. Markham Design Review Process - Town Clock Plaza: moved that the communication be received and Communication from the Historic Preservation filed. Seconded by Nicholson. Motion carried 7-Commission requesting that they be permitted to 0. participate in the future design review process for improvements to the Town Clock Plaza area, An Ordinance Amending the Code of presented and read. Michalski moved that the Ordinances of the City of Dubuque, Iowa, by communication be received and filed and modifying Subsection (b) of Section 32-214 approved request to participate. Seconded by thereof providing for the addition of a stop sign Markham. Motion carried 7-0. on Perry Street at Rider Street and a change of designation at Rider Street and Bradley Street, Amendment to Building Code Demolition presented and read. Districts: City Manager recommending an amendment to the Code of Ordinances OFFICIAL PUBLICATION pertaining to demolition permits, presented and ORDINANCE NO. 5-01 read. Buol moved that the communication be AN ORDINANCE AMENDING THE CODE OF received and filed. Seconded by Markham. ORDINANCES OF THE CITY OF DUBUQUE, Motion carried 7-0. IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32-214 THEREOF PROVIDING FOR An Ordinance Amending Chapter 11 (Buildings THE ADDITION OF A STOP SIGN ON PERRY and Building Regulations) of the City of STREET AT RIDER STREET AND A CHANGE Dubuque Code of Ordinances by amending IN DESIGNATIONS AT RIDER STREET AND Section 11-4 pertaining to waiting period for BRADLEY STREET demolition permits, presented and read. NOW, THEREFORE, BE IT ORDAINED BY OFFICIAL PUBLICATION THE CITY COUNCIL OF THE CITY OF ORDINANCE NO. 6-01 DUBUQUE, IOWA: AN ORDINANCE AMENDING CHAPTER 11 Section 1. That the Code of Ordinances of the (BUILDINGS AND BUILDING REGULATIONS) City of Dubuque, Iowa be amended by deleting OF THE CITY OF DUBUQUE CODE OF Rider Street and Bradley Street from Subsection ORDINANCES BY AMENDING SECTION 11-4 (b) of Section 32-214 thereof as follows: PERTAINING TO WAITING PERIOD FOR “Sec. 32-214. Stop Intersections. DEMOLITION PERMITS. (b) * * * * Whereas, Section 11 -4 of the City Code Eastbound and Westbound pertains to a discretionary waiting period for Rider Street and Bradley Street demolition permits in seven demolition districts; * * * * and Section 2. That the Code of Ordinances of the Whereas, portions of these demolition districts City of Dubuque, Iowa be amended by adding include buildings that are within historic districts Rider Street and Perry Street to Subsection (b) that are regulated by Chapter 25, Historic of Section 32-214 thereof as follows: Preservation, of the City Code; and Northbound and Southbound Whereas, the exemption of buildings that are Bradley Street and Rider Street regulated by Chapter 25 from the requirements Eastbound and Westbound of Section 11-4 eliminates an overlap in Perry Street and Rider Street regulations. * * * * NOW THEREFORE, BE IT ORDAINED BY th Passed, approved and adopted this 5 day of THE CITY COUNCIL OF THE CITY OF February, 2001. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That Section 11-4 (a) is hereby Attest: Jeanne F. Schneider, City Clerk amended as follows: Application of Section Published officially in the Telegraph Herald (a) : The provisions of th newspaper this 12 day of February, 2001. this Section shall apply to all buildings located in Jeanne F. Schneider, City Clerk whole or in part within the following described , 1t 2/12 neighborhood areasexcept where the Markham moved that the requirement that a building(s) are part of a historic district or proposed Ordinance be considered and voted landmark site regulated by Chapter 25, Historic on for passage at two Council Meetings prior to Preservation, of the City Code: the meeting at which it is to be finally passed be Section 2. That this amendment shall take suspended and further moved final effect upon publication as required by law. Regular Session, February 5, 2001 27 Passed, approved and adopted this 5th day of b. Procure and maintain in force during the February, 2001. term of this permit a policy of liability insurance Terrance M. Duggan, Mayor as set forth in the attached Insurance Schedule; Attest: Jeanne F. Schneider, City Clerk and Published officially in the Telegraph Herald c. Pay on behalf of the City of Dubuque, all th newspaper this 9 day of February, 2001. sums which the City of Dubuque shall become Jeanne F. Schneider, City Clerk obligated to pay by reason of the liability 1t 2/9 imposed upon the City of Dubuque for damages Buol moved that the requirement that a of any kind resulting from the location, proposed Ordinance be considered and voted installation, existence, construction or on for passage at two Council Meetings prior to maintenance of said geothermal water service the meeting at which it is to be finally passed be sustained by any person or persons, caused by suspended and further moved final accident or otherwise to defend at its own consideration and passage of the Ordinance. expense and on behalf of said City any claim Seconded by Markham. Motion carried 7-0. against the City of Dubuque arising out of the location, installation, existence, construction or Loras College - Right-of-Way Construction maintenance of the geothermal water service Ordinance: City Manager recommending and to pay reasonable attorney fees therefore; approval of a request from Loras College to and utilize public right-of-way to install a water d. Indemnify, defend and hold the City of supply line for their geothermal system for the Dubuque free and harmless from any and all new Academic Resource Center, presented and claims, loss, liability and expense for death read. Buol moved that the communication be and/or injuries to third persons or damages to received and filed. Seconded by Robbins. property of third persons, or for damage to any Motion carried 7-0. property of the City of Dubuque which may occur as a result of or in connection with the An Ordinance No. 7-01 Authorizing Loras location, installation, existence, construction, College to construct a geothermal water service, maintenance and repair of the facility, work or presented and read. improvement permitted herein. Section 4. That the permission herein granted OFFICIAL PUBLICATION is expressly conditioned upon permittees' further ORDINANCE NO. 7-01 agreement that should the right and privilege AN ORDINANCE AUTHORIZING LORAS herein granted be rescinded or revoked by the COLLEGE TO CONSTRUCTA GEOTHERMAL City Council, permittees, or their successors in WATER SERVICE interest, as owners of the abutting property, shall NOW THEREFORE, BE IT ORDAINED BY within ten (10) days after receipt of written notice THE CITY COUNCIL OF THE CITY OF from the City Manager, so to do, at their own DUBUQUE, IOWA: expense, remove said geothermal water service Section 1. That Loras College as the owner of and in the event of their failure to do so, the City the premises known as Loras College, Dubuque, of Dubuque shall be authorized to remove said Iowa, and legally described as Loras College be geothermal water service at permittees' expense and they are hereby granted the revocable and dispose of the same, and the permittee shall permit and authority to construct and maintain a have no claim against the City or its agents for geothermal water service under the terms and damages resulting from the removal of said conditions set forth in this Ordinance. geothermal water service. Section 2. That such construction shall be Section 5. That permittees covenant and agree done in accordance with plans heretofore that the revocable permit herein granted does submitted by permittees and approved by the not constitute an approval of the design, City Manager, under the supervision and erection, location, construction, repair or direction of the City Manager, and in accordance maintenance of said facility and said permittees with all applicable state and federal laws and hereby covenant and agree not to assert such regulations, and the Ordinances of the City of claim or defense against the City of Dubuque in Dubuque. the event of claim asserted for death, personal Section 3. That the permission herein granted injuries and/or property damage against the is expressly conditioned on permittees' permittees arising out of or in any way agreement to: connected with the location, installation, a. Assume any and all liability for damages to construction, design, repair and maintenance of persons or property which may result from the the facility herein permitted. existence, location, installation, construction or Section 6. This Ordinance shall become maintenance of said geothermal water service; effective and the rights hereunder accrue to the and geothermal water service when this Ordinance has been adopted by the City Council and the 28 Regular Session, February 5, 2001 terms and conditions thereof accepted by NOW THEREFORE, BE IT RESOLVED BY permittees by acceptance endorsed on this THE CITY COUNCIL OF THE CITY OF Ordinance. DUBUQUE, IOWA: Section 7. That the City Clerk be and she is That the proposed plans, specifications, form authorized and directed to file at permittees' of contract and estimated cost for the Oak Street expense a copy of this ordinance in the Office of Sanitary Sewer Extension Project, in the the Recorder in and for Dubuque County, Iowa. estimated amount of $112,344.65, are hereby Section 8. Iowa One-Call registration is approved and ordered filed in the office of the required by State Law and can be accomplished City Clerk for public inspection. th by calling 1-800-292-8989 and asking for Passed, approved and adopted this 5 day of Sharon Deyo. Submit documentation to the City February, 2001. Engineering Division of One-Call membership Terrance M. Duggan, Mayor when received. Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 5th day of Buol moved adoption of the Resolution. February, 2001. Seconded by Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 34-01 Attest: Jeanne F. Schneider, City Clerk FIXING DATE OF HEARING ON RESOLUTION ACCEPTANCE OF ORDINANCENO. 7-01 OF NECESSITY The undersigned having read and being familiar with the terms and conditions of Whereas, the City Council of the City of Ordinance No.7-01, hereby, for themselves, Dubuque, Iowa, has given its preliminary their successors or assigns, as owners of the approval on the proposed plans, specifications abutting property, accept the same and agree to and form of contract and placed same on file in be bound by the conditions and agreements the office of the City Clerk for public inspection, therein contained to be performed by permittees. for the Oak Street Sanitary Sewer Extension By: /s/ John McDermott Project, and, Title: Physical Plant Director Whereas, the proposed Resolution of Dated 01/31/01 Necessity for said improvement has been Published officially in the Telegraph Herald introduced and is now on file in the City Clerk's th newspaper this 9 day of February, 2001. office for public inspection. Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY 1t 2/9 THE CITY COUNCIL OF THE CITY OF Buol moved that the requirement that a DUBUQUE, IOWA: th proposed Ordinance be considered and voted That on the 5 day of March, 2001, a public on for passage at two Council Meetings prior to hearing will be held at 6:30 o'clock p.m. in the the meeting at which it is to be finally passed be Public Library Auditorium in the City of Dubuque suspended and further moved final at which time the owners of property subject to consideration and passage of the Ordinance. assessment for the proposed improvement or Seconded by Robbins. Motion carried 7-0. any other person having an interest in the matter may appear and be heard for or against the Hazard Mitigation Plan: City Manager making of the improvement, the boundaries of recommending appointments to the Hazard the district, the cost, the assessment against any Mitigation Plan Task Force Committee, lot, or the final adoption of a resolution of presented and read. Markham moved that the necessity and the City Clerk be and is hereby communication be received and filed and chose authorized and directed to cause a notice of time to appoint Terry Duggan and Dan Nicholson. and place of such hearing to be published in a Seconded by Buol. Motion carried 7-0. newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be ITEMS TO BE SET FOR PUBLIC HEARING published once each week for two consecutive weeks, the first publication of which shall be not Oak Street Sanitary Sewer: City Manager less than ten days prior to the day fixed for its submitting documents providing for construction consideration. Unless property owners at the of the Oak Street Sanitary Sewer Extension time of the final consideration of this proposed Project, presented and read. Buol moved that resolution have on file with the City Clerk the communication be received and filed. objections to the Resolution of Necessity they Seconded by Michalski. Motion carried 7-0. shall be deemed to have waived all objections thereto. th RESOLUTION NO. 33-01 Passed, adopted and approved this 5 day of PRELIMINARY APPROVAL OF February, 2001. PLANS AND SPECIFICATIONS Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, February 5, 2001 29 RESOLUTION NO. 36-01 Buol moved adoption of the Resolution. FIXING DATE OF HEARING ON RESOLUTION Seconded by Michalski. Motion carried 7-0. OF NECESSITY RESOLUTION NO. 35-01 Whereas, the City Council of the City of RESOLUTION OF NECESSITY Dubuque, Iowa, has given its preliminary Whereas, proposed plans have been duly approval on the proposed plans, specifications prepared and approved by the City Council of and form of contract and placed same on file in the City of Dubuque and are now on file in the the office of the City Clerk for public inspection, office of City Clerk showing among other things for the Oak Street Sanitary Sewer Extension the plans, specifications, form of contract, Project, and, estimated cost and preliminary plat and Whereas, the proposed Resolution of schedule showing the amount proposed to be Necessity for said improvement has been assessed against each lot and the valuation of introduced and is now on file in the City Clerk's each lot as filed by the City Council, for the Oak office for public inspection. Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th DUBUQUE, IOWA: That on the 5 day of March, 2001, a public That the City Council deems it advisable and hearing will be held at 6:30 o'clock p.m. in the necessary for the public welfare to make the Public Library Auditorium in the City of Dubuque herein mentioned improvements, and unless at which time the owners of property subject to property owners at the time of the final assessment for the proposed improvement or consideration of this proposed resolution have any other person having an interest in the matter on file with the City Clerk objections to the may appear and be heard for or against the resolution of necessity, they shall be deemed to making of the improvement, the boundaries of have waived all objections pertaining to the the district, the cost, the assessment against any regularity of the proceeding and the legality of lot, or the final adoption of a resolution of using the special assessment procedure. necessity and the City Clerk be and is hereby Said improvements shall be constructed and authorized and directed to cause a notice of time done in accordance with the plans and and place of such hearing to be published in a specifications which have been approved by the newspaper having general circulation in the City City Council and now on file with the City Clerk. of Dubuque, Iowa, which notice shall be That the cost and expense of making such published once each week for two consecutive improvement will be assessed partially or totally weeks, the first publication of which shall be not against privately owned property lying with the less than ten days prior to the day fixed for its assessment limits, and in an amount not to consideration. Unless property owners at the exceed that provided by law, and in proportion to time of the final consideration of this proposed the special benefits conferred. resolution have on file with the City Clerk The portion of the cost which shall be borne by objections to the Resolution of Necessity they the City will be paid from the capital shall be deemed to have waived all objections improvement project for the City share of special thereto. th assessments, and special assessment bonds Passed, adopted and approved this 5 day of may be issued in anticipation of deferred February, 2001. payments of assessments when a contract has Terrance M. Duggan, Mayor been performed and accepted, and the Attest: Jeanne F. Schneider, City Clerk proceeds thereof used to pay the contractor. Buol moved adoption of the Resolution. The above resolution was introduced, Seconded by Michalski. Motion carried 7-0. approved and ordered placed on file with the th RESOLUTION NO. 37-01 City Clerk this 5 day of February, 2001. RESOLUTION APPROVING PRELIMINARY Approved and placed on file for final action. SCHEDULE OF ASSESSMENTS Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 35-01 THE CITY COUNCIL OF THE CITY OF RECORD OF FINAL ADOPTION DUBUQUE, IOWA: The foregoing Resolution was finally passed That the attached sheets, 1 to 1 inclusive, are and adopted as proposed by the City Council hereby determined to be the schedule of th this 5 day of February, 2001. proposed assessments for the Oak Street Terrance M. Duggan, Mayor Sanitary Sewer Extension Project and the Attest: Jeanne F. Schneider, City Clerk valuations set out herein are hereby approved. th Buol moved adoption of the Resolution. Passed, approved and adopted this 5 day of Seconded by Michalski. Motion carried 7-0. February, 2001. Terrance M. Duggan, Mayor 30 Regular Session, February 5, 2001 Attest: Jeanne F. Schneider, City Clerk 3. Lot 25 of Union Addition Buol moved adoption of the Resolution. 4. Lot 26 of Union Addition Seconded by Michalski. Motion carried 7-0. 5. N 60’ of Lot 61 of Union Addition 6. Lot 2 of Lot 54 of Union Addition RESOLUTION NO. 38-01 And that Corporation Counsel be directed to ORDERING BIDS institute said eminent domain proceedings NOW THEREFORE, BE IT RESOLVED BY forthwith for and on behalf of the City of THE COUNCIL OF THE CITY OF DUBUQUE, Dubuque, Iowa if negotiations fail. IOWA: Section 2. That the Corporation Counsel be That the Oak Street Sanitary Sewer Extension and is hereby directed and empowered to do Project is hereby ordered to be advertised for any and all things necessary and incidental to bids for construction. said eminent domain proceedings if negotiations BE IT FURTHER RESOLVED, that the amount fail. th of the security to accompany each bid shall be in Passed, approved and adopted this 5 day of an amount which shall conform to the provisions February, 2001. of the notice to bidders hereby approved as a Terrance M. Duggan, Mayor part of the plans and specifications heretofore Attest: Jeanne F. Schneider, City Clerk adopted. Buol moved adoption of the Resolution. That the City Clerk is hereby directed to Seconded by Michalski. Motion carried 7-0. advertise for bids for the construction of the improvements herein provided, to be published Allan J. Becker - Request to Vacate: City in a newspaper having general circulation in the Manager recommending that a public hearing be City of Dubuque, Iowa, which notice shall not be set for February 19, 2001 to consider a request less than four days nor more than forty-five days from Allan J. Becker, representing Oarka Corp., prior to the receipt of said bids at 2:00 p.m. on a/k/a Hawkeye Boat Sales & Service, Inc., to nd 22 day of February, 2001. Bids shall be vacate a portion of Kerper Boulevard, presented opened and read by the City Clerk at said time and read. Buol moved that the communication and will be submitted to the Council for final be received and filed. Seconded by Michalski. th action at 6:30 p.m. on the 5 day of March, Motion carried 7-0. 2001. th RESOLUTION NO. 40-01 Passed, approved and adopted this 5 day of RESOLUTION APPROVING PLAT OF A February, 2001. PORTION OF KERPER BOULEVARD Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Whereas, there has been presented to the City Buol moved adoption of the Resolution. Council of the City of Dubuque, Iowa, a plat Seconded by Michalski. Motion carried 7-0. dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC, describing the RESOLUTION NO. 39-01 proposed vacated portion of Kerper Boulevard. A RESOLUTION AUTHORIZING EMINENT Whereas, said plat conforms to the laws and DOMAIN PROCEEDINGS TO BE INITIATED statutes pertaining thereto. TO ACQUIRE SANITARY SEWER NOW THEREFORE, BE IT RESOLVED BY EASEMENTS FOR CONSTRUCTION OF THE THE CITY COUNCIL OF THE CITY OF OAK STREET SANITARY SEWER DUBUQUE, IOWA: Whereas, the City of Dubuque has been Section 1. That the plat dated January 12, negotiating with the owners of record for right-of-2001, prepared by IIW Engineers & Surveyors, way necessary for the construction of the Oak PC relative to the real estate hereinabove Street Sanitary Sewer Extension Project; and described be and the same is hereby approved, Whereas, the City of Dubuque finds and and the Mayor and City Clerk be and they are determines that eminent domain proceedings hereby authorized and directed to execute said should be instituted to acquire the needed right-plat for and on behalf of the City of Dubuque, of-way if easements cannot be acquired through Iowa. the negotiation process. Section 2. That the City of Dubuque reserves NOW, THEREFORE, BE IT RESOLVED BY unto itself a perpetual easement including the THE CITY COUNCIL OF THE CITY OF right of ingress and egress thereto, for the DUBUQUE, IOWA: purpose of erecting, installing, constructing, Section 1. That eminent domain proceedings reconstructing, repairing, owning, operating, and be instituted forthwith by the City of Dubuque, maintaining water, sewer, drainage, gas, Iowa, for acquisition of the following lots or telephone, t.v. cable, and electric lines as may portions thereof if easements cannot be be authorized by the City of Dubuque, Iowa. acquired through the negotiation process: Section 3. That the City Clerk be and is hereby 1. Lot 2 of 18 and Lot 19 of Union Addition authorized and directed to file said plat and 2. Lot 23 of Union Addition certified copy of this resolution in the office of Regular Session, February 5, 2001 31 the Recorder, in and for Dubuque County, Iowa. consideration and passage of the Ordinance. Passed, approved and adopted this 5th day of Seconded by Michalski. Motion carried 7-0. February, 2001. RESOLUTION NO. 41-01 Terrance M. Duggan, Mayor RESOLUTION OF INTENT TO DISPOSE OF Attest: Jeanne F. Schneider, City Clerk CITY INTEREST IN LOT 2A OF BRADLEY Buol moved adoption of the Resolution. PLACE, DUBUQUE, IOWA Seconded by Michalski. Motion carried 7-0. Whereas, Allen J. Becker representing Oarka, An Ordinance Vacating a portion of Kerper Corp., a/k/a Hawkeye Boat Sales & Service, Inc. Boulevard (Lot 2A of Bradley Place), presented has requested the vacating of a portion of and read. Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. OFFICIAL PUBLICATION has prepared and submitted to the City Council ORDINANCE NO. 8-01 a plat showing the vacated portion of Kerper ORDINANCE VACATING A PORTION OF Boulevard and assigned lot numbers thereto, KERPER BOULEVARD which hereinafter shall be known and described Whereas, Allen J. Becker representing Oarka, as Lot 2A of Bradley Place in the City of Corp a/k/a Hawkeye Boat Sales & Services, Inc. Dubuque, Iowa; and has requested the vacating of a portion of Whereas, the City Council of the City of Kerper Boulevard; and Dubuque, Iowa has determined that this portion Whereas, IIW Engineers & Surveyors, P.C. of Kerper Boulevard is no longer required for has prepared and submitted to the City Council public use, except for utility easements as noted, a plat showing the proposed vacated portion of and vacating and sale of said Lot 2A of Bradley Kerper Boulevard and assigned lot numbers Place in the City of Dubuque, Dubuque County, thereto, which hereinafter shall be known and Iowa should be approved. described as Lot 2A of Bradley Place, in the City NOW THEREFORE, BE IT RESOLVED BY of Dubuque, Dubuque County, Iowa; and THE CITY COUNCIL OF THE CITY OF Whereas, the City Council of the City of DUBUQUE, IOWA: Dubuque, Iowa has determined that this portion Section 1. That the City of Dubuque intends to of Kerper Boulevard is no longer required for dispose of its interest in Lot 2A of Bradley Place public use, except for utility easements as noted, in the City of Dubuque, Iowa. and vacating of said portion of Kerper Boulevard Section 2. That the conveyance of Lot 2A of known as Lot 2A of Bradley Place in the City of Bradley Place in the City of Dubuque, Iowa to Dubuque, Dubuque County, Iowa should be Oarka, Corp., a/k/a Hawkeye Boat Sales & approved. Service, Inc. be contingent upon the payment of NOW THEREFORE, BE IT RESOLVED BY $5,300.00 plus platting, publication and filing THE CITY COUNCIL OF THE CITY OF fees. DUBUQUE, IOWA: Section 3. The City of Dubuque reserves unto Section 1. That the real estate described as itself a perpetual easement including the right of Lot 2A of Bradley Place in the City of Dubuque, ingress and egress thereto, for the purpose of Iowa, be and the same is hereby vacated. erecting, installing, constructing, reconstructing, Section 2. The City of Dubuque reserves unto repairing, owning, operating, and maintaining itself a perpetual easement including the right of water, sewer, drainage, gas, telephone, t.v. ingress and egress thereto, for the purpose of cable, and electric lines as may be authorized by erecting, installing, constructing, reconstructing, the City of Dubuque, Iowa. repairing, owning, operating, and maintaining Section 4. That the City Clerk be and is hereby water, sewer, drainage, gas, telephone, t.v. authorized and directed to cause a notice of cable, and electric lines as may be authorized by intent to dispose of said real estate to be the City of Dubuque, Iowa. published in the manner as prescribed by law. thth Passed, approved and adopted this 5 day of Passed, approved and adopted this 5 day of February, 2001. February, 2001. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald Buol moved adoption of the Resolution and th newspaper this 9 day of February, 2001. further moved that this be set for public hearing Jeanne F. Schneider, City Clerk on 2/19/01 at 6:30 P.M. in the Public Library 1t 2/9 Auditorium and that the City Clerk publish notice Buol moved that the requirement that a in the manner prescribed by law. Seconded by proposed Ordinance be considered and voted Michalski. Motion carried 7-0. on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be Area Residential Care, Inc. - Request to suspended and further moved final Vacate: City Manager recommending that a 32 Regular Session, February 5, 2001 public hearing be set for February 19, 2001 to thereto, which hereinafter shall be known and consider a request from Area Residential Care, described as Lot 2A of Block 15 of River Front Inc., to vacate a portion of Kerper Boulevard, Subdivision No. 3, in the City of Dubuque, presented and read. Buol moved that the Dubuque County, Iowa; and communication be received and filed. Seconded Whereas, the City Council of the City of by Michalski. Motion carried 7-0. Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for RESOLUTION NO. 42-01 public use, except for utility easements as noted, RESOLUTION APPROVING PLAT OF A and vacating of said portion of Kerper Boulevard PORTION OF KERPER BOULEVARD known as Lot 2A of Block 15 of River Front Whereas, there has been presented to the City Subdivision No. 3 in the City of Dubuque, Council of the City of Dubuque, Iowa, a plat Dubuque County, Iowa should be approved. dated January 12, 2001 prepared by IIW NOW THEREFORE, BE IT RESOLVED BY Engineers & Surveyors, PC, describing the THE CITY COUNCIL OF THE CITY OF proposed vacated portion of Kerper Boulevard. DUBUQUE, IOWA: Whereas, said plat conforms to the laws and Section 1. That the real estate described as statutes pertaining thereto. Lot 2A of Block 15 of River Front Subdivision NOW THEREFORE, BE IT RESOLVED BY No. 3 in the City of Dubuque, Iowa, be and the THE CITY COUNCIL OF THE CITY OF same is hereby vacated. DUBUQUE, IOWA: Section 2. The City of Dubuque reserves unto Section 1. That the plat dated January 12, itself a perpetual easement including the right of 2001, prepared by IIW Engineers & Surveyors, ingress and egress thereto, for the purpose of PC relative to the real estate hereinabove erecting, installing, constructing, reconstructing, described be and the same is hereby approved, repairing, owning, operating, and maintaining and the Mayor and City Clerk be and they are water, sewer, drainage, gas, telephone, t.v. hereby authorized and directed to execute said cable, and electric lines as may be authorized by plat for and on behalf of the City of Dubuque, the City of Dubuque, Iowa. th Iowa. Passed, approved and adopted this 5 day of Section 2. The City of Dubuque reserves unto February, 2001. itself a perpetual easement including the right of Terrance M. Duggan, Mayor ingress and egress thereto, for the purpose of Attest: Jeanne F. Schneider, City Clerk erecting, installing, constructing, reconstructing, Published officially in the Telegraph Herald th repairing, owning, operating, and maintaining newspaper this 9 day of February, 2001. water, sewer, drainage, gas, telephone, t.v. Jeanne F. Schneider, City Clerk cable, and electric lines as may be authorized by 1t 2/9 the City of Dubuque, Iowa. Buol moved that the requirement that a Section 3. That the City Clerk be and is hereby proposed Ordinance be considered and voted authorized and directed to file said plat and on for passage at two Council Meetings prior to certified copy of this resolution in the office of the meeting at which it is to be finally passed be the Recorder, in and for Dubuque County, Iowa. suspended and further moved final Passed, approved and adopted this 5th day of consideration and passage of the Ordinance. February, 2001. Seconded by Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 43-01 Attest: Jeanne F. Schneider, City Clerk RESOLUTION OF INTENT TO DISPOSE OF Buol moved adoption of the Resolution. CITY INTEREST IN LOT 2A OF BLOCK 15 OF Seconded by Michalski. Motion carried 7-0. RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA An Ordinance Vacating a portion of Kerper Boulevard (Lot 2A, Block 15, River Front Whereas, Jon Romaine, representing Area Subdivision No. 3), presented and read. Residential Care, Inc. has requested the vacating of a portion of Kerper Boulevard. OFFICIAL PUBLICATION Whereas, IIW Engineers & Surveyors, P.C. has ORDINANCE NO. 10-01 prepared and submitted to the City Council a ORDINANCE VACATING A PORTION OF plat showing the vacated portion of Kerper KERPER BOULEVARD Boulevard and assigned lot numbers thereto, Whereas Jon Romaine, representing Area which hereinafter shall be known and described Residential Care, Inc. has requested the as Lot 2A of Block 15 of River Front Subdivision vacating of a portion of Kerper Boulevard; and No. 3 in the City of Dubuque, Iowa; and Whereas, IIW Engineers & Surveyors, P.C. has Whereas, the City Council of the City of prepared and submitted to the City Council a Dubuque, Iowa has determined that this portion plat showing the proposed vacated portion of of Kerper Boulevard is no longer required for Kerper Boulevard and assigned lot numbers public use, except for utility easements as noted, Regular Session, February 5, 2001 33 and vacating and sale of said portions of alleys Section 1. That the plat dated January 12, and streets known as Lot 2A of Block 15 of River 2001, prepared by IIW Engineers & Surveyors, Front Subdivision No. 3 in the City of Dubuque, PC relative to the real estate hereinabove Dubuque County, Iowa should be approved. described be and the same is hereby approved, NOW THEREFORE, BE IT RESOLVED BY and the Mayor and City Clerk be and they are THE CITY COUNCIL OF THE CITY OF hereby authorized and directed to execute said DUBUQUE, IOWA: plat for and on behalf of the City of Dubuque, Section 1. That the City of Dubuque intends to Iowa. dispose of its interest in Lot 2A of Block 15 of Section 2. The City of Dubuque reserves unto River Front Subdivision No. 3 in the City of itself a perpetual easement including the right of Dubuque, Iowa. ingress and egress thereto, for the purpose of Section 2. That the conveyance of Lot 2A of erecting, installing, constructing, reconstructing, Block 15 of River Front Subdivision No. 3 in the repairing, owning, operating, and maintaining City of Dubuque, Iowa to Area Residential Care, water, sewer, drainage, gas, telephone, t.v. Inc. be contingent upon the payment of cable, and electric lines as may be authorized by $5,880.00 plus platting, publication and filing the City of Dubuque, Iowa. fees. Section 3. That the City Clerk be and is hereby Section 3. The City of Dubuque reserves unto authorized and directed to file said plat and itself a perpetual easement including the right of certified copy of this resolution in the office of ingress and egress thereto, for the purpose of the Recorder, in and for Dubuque County, Iowa. th erecting, installing, constructing, reconstructing, Passed, approved and adopted this 5 day of repairing, owning, operating, and maintaining February, 2001. water, sewer, drainage, gas, telephone, t.v. Terrance M. Duggan, Mayor cable, and electric lines as may be authorized by Attest: Jeanne F. Schneider, City Clerk the City of Dubuque, Iowa. Buol moved adoption of the Resolution. Section 4. That the City Clerk be and is hereby Seconded by Michalski. Motion carried 7-0. authorized and directed to cause a notice of intent to dispose of said real estate to be An Ordinance Vacating a portion of Kerper published in the manner as prescribed by law. Boulevard (Lot 1A, Block 13, River Front th Passed, approved and adopted this 5 day of Subdivision No. 3), presented and read. February, 2001. OFFICIAL PUBLICATION Terrance M. Duggan, Mayor ORDINANCE NO. 9-01 Attest: Jeanne F. Schneider, City Clerk ORDINANCE VACATING A PORTION OF Buol moved adoption of the Resolution and KERPER BOULEVARD further moved that this be set for public hearing on 2/19/01 at 6:30 P.M. in the Public Library Whereas, Thomas Luksetich and Steve Smith, Auditorium and that the City Clerk publish notice representing Talass, L.L.C., have requested the in the manner prescribed by law. Seconded by vacating of a portion of Kerper Boulevard; and Michalski. Motion carried 7-0. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council Thomas Luksetich and Steve Smith - Request a plat showing the proposed vacated portion of to Vacate: City Manager recommending that a Kerper Boulevard and assigned lot numbers public hearing be set for February 19, 2001, to thereto, which hereinafter shall be known and consider a request from Thomas Luksetich and described as Lot 1A of Block 13 of River Front Steve Smith to vacate a portion of Kerper Subdivision No. 3, in the City of Dubuque, Boulevard, presented and read. Buol moved that Dubuque County, Iowa; and the communication be received and filed. Whereas, the City Council of the City of Seconded by Michalski. Motion carried 7-0. Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for RESOLUTION NO. 44-01 public use, except for utility easements as noted, RESOLUTION APPROVING PLAT OF A and vacating of said portions of Kerper PORTION OF KERPER BOULEVARD Boulevard known as Lot 1A of Block 13 of River Whereas, there has been presented to the City Front Subdivision No. 3 in the City of Dubuque, Council of the City of Dubuque, Iowa, a plat Dubuque County, Iowa should be approved. dated January 12, 2001 prepared by IIW NOW THEREFORE, BE IT RESOLVED BY Engineers & Surveyors, PC, describing the THE CITY COUNCIL OF THE CITY OF proposed vacated portion of Kerper Boulevard. DUBUQUE, IOWA: Whereas, said plat conforms to the laws and Section 1. That the real estate described as statutes pertaining thereto. Lot 1A of Block 13 of River Front Subdivision NOW THEREFORE, BE IT RESOLVED BY No. 3 in the City of Dubuque, Iowa, be and the THE CITY COUNCIL OF THE CITY OF same is hereby vacated. DUBUQUE, IOWA: 34 Regular Session, February 5, 2001 Section 2. The City of Dubuque reserves unto repairing, owning, operating, and maintaining itself a perpetual easement including the right of water, sewer, drainage, gas, telephone, t.v. ingress and egress thereto, for the purpose of cable, and electric lines as may be authorized by erecting, installing, constructing, reconstructing, the City of Dubuque, Iowa. repairing, owning, operating, and maintaining Section 4. That the City Clerk be and is hereby water, sewer, drainage, gas, telephone, t.v. authorized and directed to cause a notice of cable, and electric lines as may be authorized by intent to dispose of said real estate to be the City of Dubuque, Iowa. published in the manner as prescribed by law. thth Passed, approved and adopted this 5 day of Passed, approved and adopted this 5 day of February, 2001. February, 2001. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald Buol moved adoption of the Resolution and th newspaper this 9 day of February, 2001. further set this for public hearing on 2/19/01 at Jeanne F. Schneider, City Clerk 6:30 P.M. in the Public Library Auditorium and Buol moved that the requirement that a that the City Clerk publish notice in the manner proposed Ordinance be considered and voted prescribed by law. Seconded by Michalski. on for passage at two Council Meetings prior to Motion carried 7-0. the meeting at which it is to be finally passed be suspended and further moved final Fiscal Year 2002 Annual Action Plan: City consideration and passage of the Ordinance. Manager recommending that a public hearing be Seconded by Michalski. Motion carried 7-0. set for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block RESOLUTION NO. 45-01 Grant Annual Action Plan, presented and read. RESOLUTION OF INTENT TO DISPOSE OF Buol moved that the communication be received CITY INTEREST IN LOT 1A OF BLOCK 13 OF and filed. Seconded by Michalski. Motion RIVER FRONT SUBDIVISION NO. 3, carried 7-0. DUBUQUE, IOWA RESOLUTION NO. 46-01 Whereas, Thomas Luksetich and Steve Smith, A RESOLUTION SETTING A PUBLIC representing Talass, L.L.C., have requested the HEARING ON THE PROGRAM YEAR 2001 vacating of a portion of Kerper Boulevard. (FISCAL YEAR 2002) COMMUNITY Whereas, IIW Engineers & Surveyors, P.C. DEVELOPMENT BLOCK GRANT (CDBG) has prepared and submitted to the City Council BUDGET. a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, Whereas, the City of Dubuque has, through a which hereinafter shall be known and described series of public meetings and hearings, finalized as Lot 1A of Block 13 of River Front Subdivision a Program Year 2001 (Fiscal Year 2002) No. 3 in the City of Dubuque, Iowa; and Community Development Block Grant budget Whereas, the City Council of the City of addressing both housing and non-housing Dubuque, Iowa has determined that this portion needs in the community; and of Kerper Boulevard is no longer required for Whereas, copies of the draft Program Year public use, except for utility easements as noted, 2001 CDBG budget have been available for and vacating and sale of Lot 1A of Block 13 of public comment 30 days prior to City Council River Front Subdivision No. 3 in the City of action; and Dubuque, Dubuque County, Iowa should be Whereas, the City’s Community Development approved. Advisory Commission has recommended the NOW THEREFORE, BE IT RESOLVED BY adoption of this budget. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the City of Dubuque intends to DUBUQUE, IOWA; dispose of its interest in Lot 1A of Block 13 of Section 1. That a public hearing shall be set to River Front Subdivision No. 3 in the City of review the Program Year 2001 (FY 2002) Dubuque, Iowa. Community Development Block Grant budget on Section 2. That the conveyance of Lot 1A of February 26, 2001. th Block 13 of River Front Subdivision No. 3 in the Passed, approved and adopted this 5 day of City of Dubuque, Iowa to Talass, L.L.C., be February, 2001. contingent upon the payment of $12,750.00 plus Terrance M. Duggan, Mayor platting, publication and filing fees. Attest: Jeanne F. Schneider, City Clerk Section 3. The City of Dubuque reserves unto Buol moved adoption of the Resolution and set itself a perpetual easement including the right of this public hearing for 2/26/01 at a meeting to ingress and egress thereto, for the purpose of commence at 6:30 P.M. in the Public Library erecting, installing, constructing, reconstructing, Auditorium and that the City Clerk publish notice Regular Session, February 5, 2001 35 in the manner prescribed by law. Seconded by set for Monday, March 5, 2001 to consider Michalski. Motion carried 7-0. amending the Stout Place Urban Revitalization Plan (Iowa Inn Project), presented and read. United Rental Property / City of Dubuque - Buol moved that the communication be received Proposed Lease: City Manager recommending and filed. Seconded by Michalski. Motion that a public hearing be set for February 19, carried 7-0. 2001, to consider a proposed lease agreement RESOLUTION NO. 48-01 between the City and United Rentals, Inc., A RESOLUTION SETTING A PUBLIC presented and read. Buol moved that the HEARING ON A PROPOSAL TO AMEND CITY communication be received and filed. Seconded OF DUBUQUE ORDINANCE NO. 12-98 by Michalski. Motion carried 7-0. ESTABLISHING THE STOUT PLACE URBAN RESOLUTION NO. 47-01 REVITALIZATION AREA AS AN URBAN RESOLUTION OF INTENT TO DISPOSE OF REVITALIZATION AREA PURSUANT TO AN INTEREST IN REAL PROPERTY BY CHAPTER 404 OF THE CODE OF IOWA. LEASE WITH UNITED RENTALS, INC. Whereas, the City of Dubuque Ordinance Whereas, the City of Dubuque, Iowa (City) No.12-98 established the Stout Place Urban intends to purchase the following real property Revitalization Area; and (the Property) from Plastic Center, Inc.; Whereas, the Stout Place Urban Revitalization The West 68 feet 3 inches - North 11 feet 4 Area Plan’s duration will expire on March 16, inches of Lot 1, the South 39.5 feet of Lot 1, and 2001; and Lot 2, of City Lot 524, the balance of Lots 1 and Whereas, due to a change in property 2 of City Lot 525 and the western balance of City ownership and resultant delay in rehabilitation of Lots 526 and 527, all in the City of Dubuque, the Stout Place (Iowa Inn) development, an Iowa. amendment to the Stout Place Urban And Whereas, United Rentals, Inc. (United) Revitalization Plan is necessary to extend the desires to lease the Property for the operation of duration of the plan; and an equipment rental business upon the terms Whereas, Chapter 404 of the Code of Iowa set forth in the Lease attached hereto as Exhibit provides that a public hearing shall be held on A; any proposed amendment of an Urban And Whereas, the City Council has tentatively Revitalization Area Plan. determined that it would be in the best interest of NOW, THEREFORE, BE IT ORDAINED BY the City to enter into the Lease with United. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA; THE CITY COUNCIL OF THE CITY OF Section 1. That a public hearing shall be set to DUBUQUE, IOWA: review the FY 2002 Annual Action Plan on Section 1. The City of Dubuque intends to March 5, 2001. dispose of its interest in the foregoing-described Section 2. That the notice of public hearing real property by Lease between City and United. shall be given according to the requirement of Section 2. The City Clerk is hereby authorized Chapter 404 of the Code of Iowa. th and directed to cause this Resolution and a Passed, approved and adopted this 5 day of notice to be published as prescribed by Iowa February, 2001. Code Section 364.7 of a public hearing on the Terrance M. Duggan, Mayor City’s intent to dispose of the foregoing-Attest: Jeanne F. Schneider, City Clerk described real property, to be held on the 19th Buol moved adoption of the Resolution and day of February, 2001, at 6:30 o’clock p.m. at further that this public hearing be set for 3/5/01 the public library auditorium, 11th and Locust, at 6:30 P.M. in the Public Library Auditorium and Dubuque, Iowa. that the City Clerk publish notice in the manner Passed, approved and adopted this 5th day of prescribed by law. Seconded by Michalski. February, 2001. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk At 7:07 P.M. Buol moved to go into Closed Buol moved adoption of the Resolution and Session re: Property Acquisition (Iowa Code further set this for public hearing on 2/19/01 at Chapter 21.5(1)(j). Seconded by Robbins. 6:30 P.M. in the Public Library Auditorium and Motion carried 7-0. that the City Clerk publish notice in the manner prescribed by law. Seconded by Michalski. At 7:39 P.M. Council reconvened Regular Motion carried 7-0. Session with statement that Staff had been given proper direction. Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): City There being no further business, Cline moved Manager recommending that a public hearing be to adjourn the meeting. Seconded by Nicholson. 36 Regular Session, February 5, 2001 Motion carried 7-0. The meeting adjourned at 7:40 P.M. /s/ Jeanne F. Schneider City Clerk 1t 2/14 Approved:__________________________2001 Adopted:___________________________2001 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk Special Session, February 7, 2001 37 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 7, Approved:__________________________2001 2001 Council met in special session at 6:15 p.m. at Adopted:___________________________2001 the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Nicholson, Robbins, City ______________________________________ Manager Michael Van Milligen, Corporation Mayor Counsel Barry Lindahl Absent: Council Member Ann Michalski ______________________________________ Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for the purpose of discussing various City budgets. ______________________________________ The Parking Division, Finance Department, ______________________________________ City Manager’s Office, City Council, City Clerk and Legal Department budgets were presented ______________________________________ and discussed. ______________________________________ There being no further business, upon consensus the meeting adjourned at 7:15 p.m. ______________________________________ Council Members /s/ Jeanne F. Schneider City Clerk Attest: ______________________________________ City Clerk 38 Special Session, February 15, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 15, Approved:__________________________2001 2001 Council met in special session at 6:22 p.m. at Adopted:___________________________2001 the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by electronic means), Nicholson, Robbins, City Manager ______________________________________ Michael Van Milligen Mayor Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for the purpose of discussing various City budgets. ______________________________________ The Airport, Water Pollution Control Plant, ______________________________________ Library and Building Services budgets were presented and discussed. ______________________________________ There being no further business, Markham ______________________________________ moved to adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 7:52 ______________________________________ p.m. ______________________________________ /s/ Jeanne F. Schneider Council Members City Clerk Attest: ______________________________________ City Clerk Regular Session, February 19, 2001 39 DUBUQUE damage; Subrogation Claim of State Farm Insurance (for insured, Timothy Grass) in CITY COUNCIL estimated amount of $872.94 for vehicle OFFICIAL damage, presented and read. Buol moved that PROCEEDINGS the claims and suits be referred to the Legal Staff for investigation and report. Seconded by City Council Regular Session, February 19, Robbins. Motion carried 7-0. 2001 Council Met in Regular Session at 6:30 P.M. in Kane Development Corporation: the Library Auditorium Communication from Steve Boge, Kane Present: Mayor Duggan, Council Members Development Corporation, requesting the City’s Buol, Cline, Markham, Michalski via the acceptance of sanitary sewer and water main telephone, Nicholson, Robbins, City Manager system at Pine Knoll Condominiums (Phase I) Michael Van Milligen, Corporation Counsel Barry on Katrina Circle in the City of Dubuque, Lindahl presented and read. Buol moved that the communication be received and filed and matter Mayor Duggan read the call and stated this is referred to the City Manager. Seconded by the regular session of the City Council called for Robbins. Motion carried 7-0. the purpose of acting upon such business which may properly come before the City Council. February 2, 2001 Honorable Mayor and Members of the City Invocation was given by Jerry E. Oakland, Council Pastor of St. Luke’s United Methodist Church. In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Proclamation: Tim Moerman Day (February Police Officer was conducted on November 21, 22, 2001) received by departing Assistant City 2000. We hereby certify that the following Manager Tim Moerman who expressed individuals have passed this written examination appreciation for all the positive experiences he and the vacancy for this position should be and his family have enjoyed while in Dubuque. made from this list and that this list is good for two (2) years from above date. CONSENT ITEMS POLICE OFFICER Jamie Karshsbaum Health Holub Minutes Submitted: Airport Commission of Andrew Harden Benji Young 1/29; Cable TV Regulatory Commission of 1/10; Julio Casillas John Pace City Council Proceedings of 2/5; Electrical Code Michael Clasen Joseph Messerich Board of 2/5; Environmental Stewardship Shawn Patterson Ted McClimon Advisory Commission of 2/6; Historic Eric Sisler Jeff Stewart Preservation Commission of 1/18; Human Nathan Knepper Rights Commission of 1/8; Long Range Planning Respectfully submitted, Advisory Commission of 1/17; Transit Board of /s/ Loras J. Kluesner, Chairperson 2/8; Zoning Advisory Commission of 12/6/00 and /s/ Merle J. Duehr, Jr. 2/7; Zoning Board of Adjustment of 1/25, /s/ Richard Wertzberger presented and read. Buol moved that the Civil Service Commission minutes be received and filed. Seconded by Buol moved that the above Civil Service Robbins. Motion carried 7-0. Commission certification be made a matter of record. Seconded by Robbins. Motion carried 7- List of Claims and Summary of Revenues for 0. month ending December 31, 2000; City of Dubuque Financial Reports for the month ending Interagency Agreement Between City and January 31, 2001, presented and read. Buol Dubuque County Board of Health for Inspection moved that the communication be received and of Pools and Spas: City Manager filed. Seconded by Robbins. Motion carried 7-0. recommending approval of an Interagency Agreement between the City of Dubuque and Notice of Claims/Suits: Cindy Hanten in the Dubuque County Board of Health for undetermined amount for property damage; Inspection of Pools and Spas in Dubuque Robert C. Hood, Jr. in undetermined amount for County, presented and read. Buol moved that personal injuries; Gene A. Kramer in estimated the communication be received and filed and amount of $2,222.96 for vehicle damage; Bill concurred with recommendation. Seconded by Moore in undetermined amount for vehicle Robbins. Motion carried 7-0. damage; Nona R. Nigg in estimated amount of $794.54 for vehicle damage; Linda L. Sanford in Tentative Agreement Between the City of estimated amount of $174.85 for vehicle Dubuque and the Dubuque Professional Regular Session, February 19, 2001 40 Firefighters Association, Local #353: City be received and filed. Seconded by Robbins. Manager recommending approval of a Tentative Motion carried 7-0. Agreement between the City of Dubuque and the Dubuque Professional Firefighters State Grant Contract for Design Guidelines Association, Local #353, for a three year period, Manual: City Manager recommending approval presented and read. Buol moved that the of a contract with the State Historical Society of communication be received and filed. Seconded Iowa for a $7,500 grant the City has received to by Robbins. Motion carried 7-0. develop a design review guidelines booklet for historic districts, presented and read. Buol RESOLUTION NO. 49-01 moved that the communication be received and ACCEPTING THE TENTATIVE AGREEMENT filed. Seconded by Robbins. Motion carried 7-0. BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL Downtown Vision Process: City Manager FIREFIGHTERS ASSOCIATION, LOCAL #353 recommending confirmation of a facilitator for AND AUTHORIZING THE MAYOR TO SIGN the Downtown Vision Process, presented and THE AGREEMENT read. Buol moved that the communication be Whereas, the Sixty-Fifth General Assembly received and filed. Seconded by Robbins. adopted the Public Employment Relations Act, Motion carried 7-0. Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public Bunker Hill Golf Course: Agreement with Golf employer within the meaning of Section 3 (1) of Professional: City Manager recommending the Public Employment Relations Act; and approval of a management agreement with Whereas, the Dubuque Professional G.M.S., Inc. (George Stephenson) for the Firefighters Association, Local #353 is an Bunker Hill Golf Course operation, presented employee organization within the meaning of and read. Buol moved that the communication Section 3 (4) of the Public Employment be received and filed and concurred with the Relations Act; and recommendation. Seconded by Robbins. Motion Whereas, the Dubuque Professional carried 7-0. Firefighters Association, Local #353, submitted a request to bargain collectively on behalf of the Urban Revitalization / Tax Exemption Applica- employees within its representation; and tions: City Manager recommending approval of Whereas, bargaining between the parties has the eligible Calendar Year 2001 Urban occurred and tentative agreement has been Revitalization Applications, presented and read. reached. Buol moved that the communication be received NOW, THEREFORE, BE IT RESOLVED BY and filed. Seconded by Robbins. Motion carried THE CITY COUNCIL OF THE CITY OF 7-0. DUBUQUE, IOWA: RESOLUTION NO. 50-01 Section 1. That the terms of the tentative RESOLUTION APPROVING RESIDENTIAL agreement be accepted and the Mayor PROPERTY TAX EXEMPTION APPLICA- authorized and directed to sign the collective TIONS SUBMITTED BY PROPERTY OWNERS bargaining agreement. IN RECOGNIZED URBAN REVITALIZATION Passed, approved and adopted this 19th day AREAS AND AUTHORIZING THE TRANS- of February, 2001. MITTAL OF THE APPROVED APPLICATIONS Terrance M. Duggan, Mayor TO THE CITY TAX ASSESSOR Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Whereas, Chapter 404 of the Code of Iowa, Seconded by Robbins. Motion carried 7-0. the Urban Revitalization Act, permits cities to exempt property taxes for improvements made U.S. Department of Housing and Urban to properties in designated revitalization areas; Development: Communication of the U.S. and Department of Housing and Urban Development Whereas, the Urban Revitalization Act requires advising that they have reviewed the City’s audit property owners to submit a written application report for the period July 1, 1999 through June for exemption by February 1 of the assessment 30, 2000, presented and read. Buol moved that year for which the exemption is first claimed, the communication be received and filed. and further requires the City Council to approve Seconded by Robbins. Motion carried 7-0. all applications that meet the requirements of the adopted Urban Revitalization Plan and forward Iowa Department of Transportation: the approved applications to the City Assessor Communication from the Iowa Department of for review by March 1 of each year; and Transportation advising of four public input Whereas, pursuant to the requirements of said meetings to be held around the State, presented Urban Revitalization Act, the following Urban and read. Buol moved that the communication Revitalization Areas were established: Jackson Regular Session, February 19, 2001 41 th Park, Washington Street, West 11 Street, Whereas, Chapter 404 of the Code of Iowa, Upper Main Street, and Garfield Place; and the Urban Revitalization Act, permits cities to Whereas, the City Clerk of the City of exempt property taxes for improvements made Dubuque, as of February 1, 2001, received tax to properties in designated revitalization areas; exemption applications from the following and property owners in the aforementioned urban Whereas, the Urban Revitalization Act requires revitalization district. property owners to submit a written application th West 11 Street Urban Revitalization Area for exemption by February 1 of the assessment Old Main Properties/Steven Gudenkauf, 1353 year for which the exemption is first claimed, yet Bluff Street provides for the acceptance, by Resolution of David and Joyce Banfield, 975 Center Place the City Council, of applications filed beyond the Pablo and Julie Ramirez, 1509-1511 Bluff Street legislated deadline and further requires the City Eck Real Estate, 1535-1537 Bluff Street Council to approve all applications that meet the Gail Yunk, 559 Chestnut requirements of the adopted Urban th Peter and Angela Eck, 646-652 W. 11 Street Revitalization Plan and forward the approved Peter and Angela Eck, 440 Loras Boulevard applications to the City Assessor for review by Washington Street Urban Revitalization Area March 1 of each year; and Roger C. Welbes, 1946 Jackson Street Whereas, pursuant to the requirements of said Patricia Ginter, 1559 Washington Street Urban Revitalization Act, the following Urban Upper Main Urban Revitalization Area Revitalization Areas were established: Jackson Kenneth J Moore and Linda L. Moore, 1199 Park, Washington Street, West 11th Street and Central Avenue Upper Main Street; and Garfield Place Whereas, the City Clerk of the City of Scott A. Porter, 511 Garfield Avenue Dubuque, as of February 1, 2001, received tax Whereas, the Community and Economic exemption applications for improvements made Development Department, the Building Services in previous years from the following property and/or the Housing Services Division have owners in the aforementioned urban reviewed the above-described applications and revitalization districts: inspected the properties, and have determined West 11th Street Urban Revitalization Area that the applications and the improvements YEAR th conform to all requirements of the City of Gloria Ede, 640 W. 11 Street 1998 Dubuque’s Urban Revitalization Plan. Gail Yunk, 559 Chestnut Street 1998 NOW THEREFORE, BE IT RESOLVED BY Whereas, the Community and Economic THE CITY COUNCIL OF THE CITY OF Development Department and the Building DUBUQUE, IOWA: Services and/or the Housing Services Division Section 1. That the above-described tax have reviewed the above-described applications exemption applications meet the requirements of and inspected the properties, and have the City of Dubuque’s Urban Revitalization Plan. determined that the applications and the Section 2. That the above-described tax improvements conform to all requirements of the exemption applications are hereby approved by City of Dubuque=s Urban Revitalization Plan. the City Council, subject to the review and NOW THEREFORE, BE IT RESOLVED BY approval of the City Assessor. THE CITY COUNCIL OF THE CITY OF Section 3. That the City Clerk is hereby DUBUQUE, IOWA: authorized and directed to forward the above-Section 1. That the above-described tax described tax exemption applications to the City exemption applications meet the requirements of Assessor. the City of Dubuque’s Urban Revitalization Plan. th Passed, approved and adopted this 19 day of Section 2. That the above-described tax February, 2001. exemption applications are hereby approved by Terrance M. Duggan, Mayor the City Council, subject to the review and Attest: Jeanne F. Schneider, City Clerk approval of the City Assessor. Buol moved adoption of the Resolution. Section 3. That the City Clerk is hereby Seconded by Robbins. Motion carried 7-0. authorized and directed to forward the above- described tax exemption applications to the City RESOLUTION NO. 51-01 Assessor. th RESOLUTION APPROVING LATE FILED Passed, approved and adopted this 19 day of RESIDENTIAL PROPERTY TAX EXEMPTION February, 2001. APPLICATIONS SUBMITTED BY PROPERTY Terrance M. Duggan, Mayor OWNERS IN RECOGNIZED URBAN Attest: Jeanne F. Schneider, City Clerk REVITALIZATION AREAS AND AUTHORI- Buol moved adoption of the Resolution. ZING THE TRANSMITTAL OF THE AP- Seconded by Robbins. Motion carried 7-0. PROVED APPLICATIONS TO THE CITY TAX ASSESSOR Regular Session, February 19, 2001 42 Clara Street Place - Acceptance: City NOW THEREFORE, BE IT RESOLVED BY Manager recommending acceptance of the THE CITY COUNCIL OF THE CITY OF public improvements as completed by Mercy DUBUQUE, IOWA: Medical Center in Clara Street Place, presented Section 1. That the recommendation of the and read. Buol moved that the communication City Manager be approved and that said be received and filed. Seconded by Robbins. improvement be and the same is hereby Motion carried 7-0. accepted. BE IT FURTHER RESOLVED that the City RESOLUTION NO. 52-01 Treasurer be and he is hereby directed to pay to ACCEPTING IMPROVEMENTS IN CLARA the contractor from the General Fund in amount STREET PLACE equal to the amount of this contract, less any Whereas, pursuant to Resolution 447-99, retained percentage provided for therein. th certain improvements including street paving, Passed, approved and adopted this 19 day of storm sewer, sanitary sewer, and watermain February, 2001. were installed by the developer of Clara Street Terrance M. Duggan, Mayor Place; and Attest: Jeanne F. Schneider Whereas, the improvements have been Buol moved adoption of the Resolution. completed and the City Manager has examined Seconded by Robbins. Motion carried 7-0. the work and has filed a certificate stating that RESOLUTION NO. 54-01 the same has been completed in accordance FINAL ESTIMATE with the plans approved by the City Council and in conformance with City specifications, and has Whereas, the contract for the Fischer Cold recommended that the improvements by Storage Warehouse Asbestos Abatement accepted by the City Council. Project has been completed and the City NOW THEREFORE, BE IT RESOLVED BY Engineer has submitted his final estimate THE CITY COUNCIL OF THE CITY OF showing the cost thereof including the cost of DUBUQUE, IOWA: estimates, notices and inspection and all Section 1. That the recommendation of the miscellaneous costs; City Manager be approved and that said NOW THEREFORE, BE IT RESOLVED BY improvements in Clara Street Place be and the THE CITY COUNCIL OF THE CITY OF same is hereby accepted. DUBUQUE, IOWA: Section 2. That maintenance of said Section 1. That the cost of said improvement is improvements shall be the responsibility of the hereby determined to be $3,200.00 and the said contractor and the owner for a period of two (2) amount shall be paid from General Fund of the years from this date. City of Dubuque, Iowa. thth Passed, approved and adopted this 19 day of Passed, approved and adopted this 19 day of February, 2001. February, 2001. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Attest: Jeanne F. Schneider Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Seconded by Robbins. Motion carried 7-0. Fischer Cold Storage Warehouse Asbestos Salina Street Reconstruction Project: City Abatement Project - Acceptance: City Manager Manager recommending a change from recommending acceptance of the Fischer Cold concrete panels to wooden railroad ties on Storage Warehouse Asbestos Abatement portions of the Salina Street Reconstruction Project in the final contract amount of $3,200, Project, presented and read. Buol moved that presented and read. Buol moved that the the communications be received and filed and communication be received and filed. Seconded approved change. Seconded by Robbins. by Robbins. Motion carried 7-0. Motion carried 7-0. RESOLUTION NO. 53-01 Supplement #48 of the Code of Ordinances: ACCEPTING IMPROVEMENT City Manager recommending adoption of Whereas, the contract for the Fischer Cold Supplement #48 to the City of Dubuque Code of Storage Warehouse Asbestos Abatement Ordinances, presented and read. Buol moved Project has been completed and the City that the communication be received and filed. Manager has examined the work and filed his Seconded by Robbins. Motion carried 7-0. certificate stating that the same has been RESOLUTION NO. 55-01 completed according to the terms of the ADOPTING SUPPLEMENT NO. 48 TO THE contract, plans and specifications and CODE OF ORDINANCES OF THE CITY OF recommends its acceptance. DUBUQUE, IOWA Regular Session, February 19, 2001 43 RESOLUTION NO. 57-01 Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, Whereas, applications for Liquor Licenses readopted the Code of Ordinances of the City of have been submitted to this Council for approval Dubuque, Iowa for ordinances adopted up to and the same have been examined and and including December 19, 1988; and approved; and Whereas, since December 19, 1988 the City Whereas, the premises to be occupied by Council of the City of Dubuque, Iowa has such applicants were inspected and found to adopted certain ordinances amending the Code comply with the State Laws and all City of Ordinances and said amendments have been Ordinances relevant thereto and they have filed printed as supplements to the Code of proper bonds. Ordinances; and NOW, THEREFORE, BE IT RESOLVED BY Whereas, Section 380.8 of the Code of THE CITY COUNCIL OF THE CITY OF Ordinances provides that supplements by DUBUQUE, IOWA: resolution, become part of the Code of That the Manager be authorized to cause to be Ordinances. issued the following named applicants a Liquor NOW THEREFORE BE IT RESOLVED BY License. THE CITY COUNCIL OF THE CITY OF CLASS “C” BEER / LIQUOR LICENSE DUBUQUE, IOWA: Melvin G. Spiegelhalter The Clubhouse Section 1. That Supplement No. 48 of the +(Sunday Sale) 2364 Washington Code of Ordinances of the City of Dubuque, Charles Steffen Tony’s Place Iowa, covering Ordinances through Ordinance +(Sunday Sale) 1701 Central Ave No. 105-00 enacted through December 4, 2000 Passed, approved and adopted this 19th day and prepared by the Sterling Codifiers, Inc, of February, 2001 Weiser, ID hereto filed in the Office of the City Terrance M. Duggan, Mayor Clerk of the City of Dubuque, Iowa be and is Attest: Jeanne F. Schneider, City Clerk hereby adopted and becomes part of the Code Buol moved adoption of the Resolution. of Ordinances of the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0. Passed, approved and adopted this 19th day RESOLUTION NO. 58-01 of February, 2001. Terrance M. Duggan, Mayor Whereas, applications for Beer Permits have Attest: Jeanne F. Schneider, City Clerk been submitted and filed to this Council for Buol moved adoption of the Resolution. approval and the same have been examined Seconded by Robbins. Motion carried 7-0. and approved; and Whereas, the premises to be occupied by such Senator Grassley Letter: Communication of applicants were inspected and found to comply City Manager to Senator Grassley requesting his with the Ordinances of this City and have filed support of S. 88 regarding broadband access in proper bonds. rural and low income areas, presented and read. NOW, THEREFORE, BE IT RESOLVED BY Buol moved that the communication be received THE CITY COUNCIL OF THE CITY OF and filed and approved letter. Seconded by DUBUQUE, IOWA: Robbins. Motion carried 7-0. That the Manager be authorized to cause to be issued the following named applicants a Beer Business Licenses: Permit. CLASS “B” BEER PERMIT RESOLUTION NO. 56-01 Kids World Pizza Place/Fun Center Kid’s World NOW, THEREFORE, BE IT RESOLVED BY Pizza/Fun Center+(Sunday Sale) 3033 Asbury THE CITY COUNCIL OF THE CITY OF CLASS “C” BEER PERMIT DUBUQUE, IOWA: Clark Retail Enterprise, Inc Clark# 2354 That the following having complied with the +(Sunday Sale) 700 Rhomberg Ave provisions of law relating to the sale of Lee W. Potter West Locust Mart Cigarettes within the City of Dubuque, Iowa, be 405 West Locust granted a permit to sell Cigarettes and Cigarette Passed, approved and adopted this 19th day Papers within said City. February, 2001. NEW Terrance M. Duggan, Mayor Clark Retail # 2354 Clark Retail Enterprises, Inc Attest: Jeanne F. Schneider, City Clerk 700 Rhomberg Buol moved adoption of the Resolution. Passed, approved and adopted this 19th day Seconded by Robbins. Motion carried 7-0. of February ,2001. Terrance M. Duggan, Mayor Mayor BOARDS/COMMISSIONS Attest: Jeanne F. Schneider, City Clerk APPOINTMENTS to the following Buol moved adoption of the Resolution. Boards/Commissions: Seconded by Robbins. Motion carried 7-0. Regular Session, February 19, 2001 44 Building Code Board of Appeals (2 Family Residential District to OS Office Service to Vacancies): Markham moved that Chuck Carr wit: be appointed for the General Contractor position Lots 5, 6, 7 and west ½ of Lot 8 Massey for term ending 8/1/03 and Richard Luchsinger Heights Addition, and to the centerline of the for the At-Large position for term ending 8/1/03. adjoining public right-of-way, all in the City of Seconded by Nicholson. Motion carried 7-0. Dubuque, Iowa. Section 2. The foregoing amendment has Community Development Advisory heretofore been reviewed by the Zoning Advisory Commission (4 Vacancies): Markham moved Commission of the City of Dubuque, Iowa. that James Giesen be reappointed for the At-Section 3. This ordinance shall take affect Large position for term ending 2/15/04 and immediately upon publication, as provided by law. Charles Isenhart be appointed for Census Tract Passed, approved and adopted this 19th day of No. 1 position for term ending 2/15/03. February, 2001. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Environmental Stewardship Advisory Published officially in the Telegraph Herald th Commission (1 Vacancy): Robbins moved that newspaper this 26 day of February, 2001. Art Sunleaf be appointed to the unexpired term Jeanne F. Schneider, City Clerk ending 10/1/02. Seconded by Buol. Motion 1t 2/26 carried 7-0. Buol moved that the requirement that a proposed Ordinance be considered and voted PUBLIC HEARINGS on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be Buol moved that the rules be suspended to suspended and further moved final allow anyone present to address the Council. consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Seconded by Robbins. Motion carried 7-0. 989 Langworthy - Rezoning Request of Highway 20 Corridor Between Bluff Street and William May: Proof of publication on notice of Cherokee Drive - Rezoning Request: Proof of hearing to consider rezoning property located at publication on notice of hearing to consider 989 Langworthy from R-2 Two-Family rezoning property located in the Highway 20 Residential District to OS Office Service District, Corridor between Bluff Street and Cherokee presented and read. Buol moved that the proof Drive/Collins Street from R-1 Single-Family be received and filed. Seconded by Robbins. Residential, R-2 Two-Family Residential, C-1 Motion carried 7-0. Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Dr. May spoke requesting rezoning to allow Commercial Districts, to OS Office Service and placement of his dentist’s office. POS Public Open Space Districts, presented and read. Robbins moved that the proof and An Ordinance Amending Appendix A (the communication be received and filed. Seconded Zoning Ordinance) of the City of Dubuque Code by Buol. Motion carried 7-0. of Ordinances by reclassifying hereinafter described property located at 989 Langworthy An Ordinance Amending Appendix A (the from R-2 Two-Family Residential District to OS Zoning Ordinance) of the City of Dubuque Code Office Service District, presented and read. of Ordinances by reclassifying hereinafter described property located along Highway 20 OFFICIAL PUBLICATION from Bluff Street west to Cherokee Drive from R- ORDINANCE NO. 11-01 1 Single-Family Residential, R-2 Two-Family AN ORDINANCE AMENDING APPENDIX A Residential, C-1 Neighborhood Commercial, OR (THE ZONING ORDINANCE) OF THE CITY OF Office Residential, OS Office Service and C-3 DUBUQUE CODE OF ORDINANCES BY General Commercial Districts, to OS Office RECLASSIFYING HEREINAFTER DESCRIBED Service and POS Public Open Space Districts, PROPERTY LOCATED AT 989 LANGWORTHY presented and read. FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT.OFFICIAL PUBLICATION ORDINANCE NO. 12-01 NOW, THEREFORE, BE IT ORDAINED BY AN ORDINANCE AMENDING APPENDIX A THE CITY COUNCIL OF THE CITY OF (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE, IOWA: DUBUQUE CODE OF ORDINANCES BY Section 1. That Appendix A (the Zoning RECLASSIFYING HEREINAFTER DESCRIBED Ordinance) of the City of Dubuque Code of PROPERTY LOCATED ALONG HIGHWAY 20 Ordinances is hereby amended by reclassifying FROM BLUFF STREET WEST TO CHEROKEE the hereinafter described property from R-2 Two- Regular Session, February 19, 2001 45 DRIVE FROM R-1 SINGLE-FAMILY RESIDEN- signs from 100 feet to 750 feet, presented and TIAL, R-2 TWO-FAMILY RESIDENTIAL, C-1 read. Nicholson moved to table action on this NEIGHBORHOOD COMMERCIAL, OR OFFICE Ordinance and to refer it back to the Zoning RESIDENTIAL, OS OFFICE SERVICE AND C-3 Advisory Commission. Seconded by Buol. GENERAL COMMERCIAL DISTRICTS, TO OS Carried by the following vote: Yeas—Duggan, OFFICE SERVICE AND POS PUBLIC OPEN Michalski, Nicholson, Buol, Cline. Nays— SPACE DISTRICT. Markham, Robbins. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Five Flags Theater Renovation - Award DUBUQUE, IOWA: Contract: Proofs of publication on notice of Section 1. That Appendix A (the Zoning hearing on plans and specs and notice to Ordinance) of the City of Dubuque Code of bidders on the receipt of bids for construction of Ordinances is hereby amended by reclassifying the Five Flags Theater Renovation Project and the hereinafter described property from R-1 City Manager recommending to award contract Single-Family Residential, R-2 Two-Family for the project to Klauer Construction Company Residential, C-1 Neighborhood Commercial, OR in the amount of $699,950, presented and read. Office Residential, OS Office Service and C-3 Buol moved that the proof and communication General Commercial Districts, to OS Office be received and filed. Seconded by Michalski. Service and POS Public Open Space, as shown in Motion carried 7-0. Exhibit A, and to the center line of the adjoining RESOLUTION NO. 59-01 public right-of-way, all in the City of Dubuque, RESOLUTION ADOPTING Iowa. PLANS AND SPECIFICATIONS Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Whereas, on the 15th day of January, 2001, Commission of the City of Dubuque, Iowa. plans, specifications, form of contract and Section 3. This ordinance shall take effect estimated cost were filed with the City Clerk of immediately upon publication, as provided by law. Dubuque, Iowa for the FIVE FLAGS THEATER th Passed, approved and adopted this 19 day of RENOVATION PROJECT. February, 2000. Whereas, notice of hearing on plans, Terrance M. Duggan, Mayor specifications, form of contract, and estimated Attest: Jeanne F. Schneider, City Clerk cost was published as required by law. Published officially in the Telegraph Herald NOW THEREFORE, BE IT RESOLVED BY th newspaper this 26 day of February, 2001. THE CITY COUNCIL OF THE CITY OF Jeanne F. Schneider, City Clerk DUBUQUE, IOWA: 1t 2/26 That the said plans, specifications, form of Robbins moved that the requirement that a contract and estimated cost are hereby proposed Ordinance be considered and voted approved as the plans, specifications, form of on for passage at two Council Meetings prior to contract and estimated cost for said the meeting at which it is to be finally passed be improvements for said project. suspended and further moved final Passed, approved and adopted this 19th day consideration and passage of the Ordinance. of February, 2001. Seconded by Buol. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Lamar Advertising - Request for Text Buol moved adoption of the Resolution. Amendment to Zoning Ordinance: Proof of Seconded by Michalski. Motion carried 7-0. publication on notice of hearing to consider an RESOLUTION NO. 60-01 amendment to Section 4-3.11 of the Zoning AWARDING CONTRACT Ordinance to increase minimum spacing of off- premise signage, presented and read. Whereas, sealed proposals have been Jim Schumacher of Lamar Advertising and submitted by contractors for the Five Flags Chris Iverson as VP and General Manager of Theater Renovation Project pursuant to Lamar spoke in favor of the text amendment. Resolution No. 18-01, and notice to bidders Jennifer Sloan and Gene Bird of Bird Signs published in a newspaper published in the City spoke in opposition to the proposed Ordinance. of Dubuque, Iowa, on the 9th day of February, An Ordinance Amending Appendix A (the 2001. Zoning Ordinance) of the City of Dubuque Code Whereas, said sealed proposals were opened of Ordinances by repealing Section 4-3.11 and read on the 8th day of February, 2001, and Schedule of Sign Regulations for Off-Premise it has been determined that the bid of KLAUER Signs and adopting a new Section 4-3.11 CONSTRUCTION COMPANY, in the amount of Schedule of Sign Regulations for the Off-$699,950 was the lowest bid for the furnishings Premise Sings in lieu thereof, pertaining to of all labor and materials and performing the increasing the spacing between off-premise Regular Session, February 19, 2001 46 work as provided for in the plans and Corp., a/k/a Hawkeye Boat Sales & Service, Inc. specifications. be and the same is hereby approved for the sum NOW THEREFORE, BE IT RESOLVED BY of $5,300.00, plus cost of publication, platting THE CITY COUNCIL OF THE CITY OF and filing fees. Conveyance shall be by Quit DUBUQUE, IOWA: Claim Deed. That the contract for the above improvement Section 2. The City of Dubuque reserves unto be awarded to KLAUER CONSTRUCTION itself a perpetual easement including the right of COMPANY, and the Manager be and is hereby ingress and egress thereto, for the purpose of directed to execute a contract on behalf of the erecting, installing, construction, reconstructing, City of Dubuque for the complete performance repairing, owning, operating, and maintaining of the work. water, sewer, drainage, gas, telephone, t.v. BE IT FURTHER RESOLVED: cable, and electric lines as may be authorized by That upon the signing of said contract and the the City of Dubuque, Iowa. approval of the contractor's bond, the City Section 3. That the Mayor be authorized and Treasurer is authorized and instructed to return directed to execute a Quit Claim Deed, and the the bid deposits of the unsuccessful bidders. City Clerk be and is hereby authorized and Passed, approved and adopted this 19th day directed to deliver said deed of conveyance to of February, 2001. Oarka, Corp., a/k/a Hawkeye Boat Sales & Terrance M. Duggan, Mayor Service, Inc. upon receipt of the purchase price Attest: Jeanne F. Schneider, City Clerk in full. Buol moved adoption of the Resolution. Section 4. That the City Clerk be and is hereby Seconded by Michalski. Motion carried 7-0. authorized and directed to record a certified copy of this resolution in the office of the City Allan J. Becker - Request to Vacate: Proof of Assessor, Dubuque County Recorder and publication on notice of public hearing to Dubuque County Auditor. consider disposing of City interest in Lot 2A of Passed, approved and adopted this 19th day Bradley Place, Dubuque, Iowa and of February, 2001. communication of City Manager recommending Terrance M. Duggan, Mayor approval of the disposition to Allen J. Becker, Attest: Jeanne F. Schneider, City Clerk representing Oarka Corp., a/k/a Hawkeye Boat Robbins moved adoption of the Resolution. Sales & Service, Inc., presented and read. Seconded by Markham. Motion carried 7-0. Robbins moved that the proof and communication be received and filed. Seconded Area Residential Care, Inc. - Request to by Markham. Motion carried 7-0. Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in RESOLUTION NO. 61-01 Lot 2A of Block 15 of River Front Subdivision RESOLUTION DISPOSING OF CITY No. 3 of Bradley Place, Dubuque, Iowa and INTEREST IN LOT 2A OF BRADLEY PLACE, communication of City Manager recommending DUBUQUE, IOWA approval of the disposition to Area Residential Whereas, pursuant to resolution and published Care, Inc., presented and read. Markham moved notice of time and place of hearing, published in that the proof and communication be received the Telegraph Herald, a newspaper of general and filed. Seconded by Nicholson. Motion circulation published in the City of Dubuque, carried 7-0. th Iowa on 9 day of February, 2001, the City RESOLUTION NO. 62-01 Council of the City of Dubuque, Iowa met on the th RESOLUTION DISPOSING OF CITY 19 day of February, 2001, at 6:30 p.m. in the INTEREST IN LOT 2A OF BLOCK 15 OF Public Library Auditorium, 11th and Locust, RIVER FRONT SUBDIVISION NO. 3, Dubuque, Dubuque, County, Iowa to consider DUBUQUE, IOWA the proposal for the sale of real estate described as: Whereas, pursuant to resolution and published Lot 2A of Bradley Place in the City of notice of time and place of hearing, published in Dubuque, Iowa the Telegraph Herald, a newspaper of general Whereas, the City Council of the City of circulation published in the City of Dubuque, th Dubuque, Iowa overruled any and all objections, Iowa on 9 day of February, 2001, the City oral or written to the proposal to sell such real Council of the City of Dubuque, Iowa met on the estate, except for easement as noted. 19th day of February, 2001, at 6:30 p.m. in the NOW THEREFORE, BE IT RESOLVED BY Public Library Auditorium, 11th and Locust, THE CITY COUNCIL OF THE CITY OF Dubuque, Dubuque, County, Iowa to consider DUBUQUE, IOWA: the proposal for the sale of real estate described Section 1. That the sale of City of Dubuque as: real property described as Lot 2A of Bradley Lot 2A of Block 15 of River Front Subdivision Place in the City of Dubuque, Iowa to Oarka, No. 3 in the City of Dubuque, Iowa Regular Session, February 19, 2001 47 th Whereas, the City Council of the City of Iowa on 9 day of February, 2001, the City Dubuque, Iowa overruled any and all objections, Council of the City of Dubuque, Iowa met on the oral or written to the proposal to sell such real 19th day of February, 2001, at 6:30 p.m. in the estate, except for easement as noted. Public Library Auditorium, 11th and Locust, NOW THEREFORE, BE IT RESOLVED BY Dubuque, Dubuque, County, Iowa to consider THE CITY COUNCIL OF THE CITY OF the proposal for the sale of real estate described DUBUQUE, IOWA: as: Section 1. That the sale of City of Dubuque Lot 1A of Block 13 of River Front Subdivision real property described as Lot 2A of Block 15 of No. 3 in the City of Dubuque, Iowa River Front Subdivision No. 3 in the City of Whereas, the City Council of the City of Dubuque, Iowa to Area Residential Care, Inc. be Dubuque, Iowa overruled any and all objections, and the same is hereby approved for the sum of oral or written to the proposal to sell such real $5,880.00, plus cost of publication, platting and estate, except for easements as noted. filing fees. Conveyance shall be by Quit Claim NOW THEREFORE, BE IT RESOLVED BY Deed. THE CITY COUNCIL OF THE CITY OF Section 2. The City of Dubuque reserves unto DUBUQUE, IOWA: itself a perpetual easement including the right of Section 1. That the sale of City of Dubuque ingress and egress thereto, for the purpose of real property described as Lot 1A of Block 13 of erecting, installing, construction, reconstructing, River Front Subdivision No. 3 in the City of repairing, owning, operating, and maintaining Dubuque, Iowa to Talass, L.L.C., be and the water, sewer, drainage, gas, telephone, t.v. same is hereby approved for the sum of cable, and electric lines as may be authorized by $12,750.00, plus cost of publication, platting and the City of Dubuque, Iowa. filing fees. Conveyance shall be by Quit Claim Section 3. That the Mayor be authorized and Deed. directed to execute a Quit Claim Deed, and the Section 2. The City of Dubuque reserves unto City Clerk be and is hereby authorized and itself a perpetual easement including the right of directed to deliver said deed of conveyance toingress and egress thereto, for the purpose of Jon Romaine representing Area Residential erecting, installing, construction, reconstructing, Care, Inc. upon receipt of the purchase price in repairing, owning, operating, and maintaining full. water, sewer, drainage, gas, telephone, t.v. Section 4. That the City Clerk be and is hereby cable, and electric lines as may be authorized by authorized and directed to record a certified the City of Dubuque, Iowa. copy of this resolution in the office of the City Section 3. That the Mayor be authorized and Assessor, Dubuque County Recorder and directed to execute a Quit Claim Deed, and the Dubuque County Auditor. City Clerk be and is hereby authorized and Passed, approved and adopted this 19th day directed to deliver said deed of conveyance to of February, 2001. Talass, L.L.C., upon receipt of the purchase Terrance M. Duggan, Mayor price in full. Attest: Jeanne F. Schneider, City Clerk Section 4. That the City Clerk be and is hereby Markham moved adoption of the Resolution. authorized and directed to record a certified Seconded by Nicholson. Motion carried 7-0. copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Thomas Luksetich and Steve Smith - Request Dubuque County Auditor. to Vacate: Proof of publication on notice of Passed, approved and adopted this 19th day public hearing to consider disposing of City of February, 2001. interest in Lot 1A of Block 13 of River Front Terrance M. Duggan, Mayor Subdivision No. 3, Dubuque, Iowa and Attest: Jeanne F. Schneider, City Clerk communication of City Manager recommending Buol moved adoption of the Resolution. approval of the disposition to Thomas Luksetich Seconded by Robbins. Motion carried 7-0. and Steve Smith, representing Talass, L.L.C., presented and read. Buol moved that the proof Lease with United Rentals, Inc.: Proof of and communication be received and filed. publication on notice of public hearing to Seconded by Robbins. Motion carried 7-0. consider disposing of City interest in real property and City Manager recommending RESOLUTION NO. 63-01 approval of a lease with United Rentals, Inc. for RESOLUTION DISPOSING OF CITY NTEREST property located at 301 Iowa Street, presented IN LOT 1A OF BLOCK 13 OF RIVER FRONT and read. Robbins moved that the proof and SUBDIVISION NO. 3, DUBUQUE, IOWA communication be received and filed. Seconded Whereas, pursuant to resolution and published by Nicholson. Motion carried 7-0. notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Regular Session, February 19, 2001 48 RESOLUTION NO. 64-01 Advertising spoke requesting issuance of the DISPOSING OF AN INTEREST IN REAL building permit. Nicholson moved to direct the PROPERTY BY LEASE WITH UNITED Building Department to issue the permit upon RENTALS, INC. receipt of the plans. Seconded by Markham. Whereas, the City of Dubuque, Iowa (City) Carried by the following vote: Yeas—Buol, intends to purchase the following real property Duggan, Michalski, Markham, Nicholson, (the Property) from Plastic Center, Inc.: Robbins. Nays—Cline. The West 68 feet 3 inches – North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Amendments to the Historic Preservation Lot 2, of City Lot 524, the balance of Lots 1 and Ordinance: Communication of the Historic 2 of City Lot 525 and the western balance of City Preservation Commission and the Preservation Lots 526 and 527, all in the City of Dubuque, Task Force recommending amendments to the Iowa Historic Preservation Ordinance, presented and And Whereas, United Rentals, Inc. (United) read. Cline moved that the communication be desires to lease the Property for the operation of received and filed. Seconded by Buol. Motion an equipment rental business upon the terms carried 7-0. set forth in the Lease attached hereto as Exhibit A; Terry Mozena, Chair of the Historic And Whereas, the City Council has tentatively Preservation Comm. spoke requesting adoption determined that it would be in the best interests of the amendments. An Ordinance amending of the City to enter into the Lease with United; Chapter 25 (Historic Preservation) of the Code And Whereas, on February 19, 2001, the City of Ordinances of the City of Dubuque, presented Council pursuant to notice published as required and read. Cline moved that this be considered by law, held a public hearing on its intent to the first reading of the Ordinance. Seconded by dispose of the foregoing interest in real property Buol. Motion carried 7-0. and overruled all objections thereto; And Whereas, the City Council finds that it is in Initiatives to Support Historic Preservation in the best interest of the City to approve the Dubuque: Communication of the Historic disposition of such real property. Preservation Commission and the Preservation NOW, THEREFORE, BE IT RESOLVED BY Task Force recommending initiatives to support THE CITY COUNCIL OF THE CITY OF historic preservation in Dubuque, presented and DUBUQUE, IOWA: read. Buol moved that the communication be Section 1. The City Council of the City of received and filed and that they approve the Dubuque, Iowa, approves the Lease attached recommendation supporting the initiatives. hereto and the Mayor is hereby authorized and directed to sign this resolution and the Lease. Jaycees/Peosta Channel Trail Project: City th Passed, approved and adopted this 19 day of Manager recommending to lower the height of February, 2001. the levee where appropriate for construction of Terrance M. Duggan, Mayor the Dubuque Jaycees/Peosta Channel Trail Attest: Jeanne F. Schneider, City Clerk Project, presented and read. Buol moved that Robbins moved adoption of the Resolution. the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 65-01 Buol moved to reinstate the rule limiting RESOLUTION APPROVING A REQUEST TO discussion to Council. Seconded by Cline. LOWER THE HEIGHT OF THE LEVEE WHERE Motion carried 7-0. APPROPRIATE FOR THE CONSTRUCTION OF THE DUBUQUE JAYCEES / PEOSTA ACTION ITEMS CHANNEL TRAIL PROJECT Bressler Outdoor Advertising: Communication Whereas, in the process of designing the of Jennifer Sloan, General Counsel for Bressler Jaycees / Peosta Channel Trail Project, it was Outdoor Advertising requesting to address the determined that several sections of the earthen Council regarding the issuance of a building levee were constructed at an elevation higher permit to construct a sign structure at 3220 than the design elevation of the levee, to allow Dodge Street, presented and read. Nicholson for the possibility of some settlement of the fill; moved to receive and file the communication. and Seconded by Markham. Carried by the following Whereas, the City and the U.S. Army Corps of vote: Yeas—Buol, Duggan, Markham, Engineers has determined that this additional Michalski, Nicholson, Robbins. Nays—Cline. height is not needed and does not provide any additional level of protection against high water; Attorney Jennifer Sloan, 170 W. Fairbanks and Ave., Winter Park, Fl as counsel for Bressler Regular Session, February 19, 2001 49 Whereas, lowering the levee will provide a communication be received and filed. Seconded wider top on the levee, which can be used to by Nicholson. Motion carried 7-0. give some design flexibility along the trail to RESOLUTION NO. 66-01 include such amenities as additional RESOLUTION SETTING THE DATE OF THE landscaping, seating area, and possibly a small PUBLIC HEARING ON THE FISCAL YEAR plaza viewing area; and 2002 BUDGET FOR THE CITY OF DUBUQUE Whereas, the City Council concurs in the lowering of the levee to no less than its original Whereas, Section 384.16 of the Code of Iowa design elevation. provides that the City Council shall set a time NOW THEREFORE, BE IT RESOLVED BY and place for a public hearing on the budget THE CITY COUNCIL OF THE CITY OF before the final certification date and shall DUBUQUE, IOWA: publish notice before the hearing as provided in Section 1. That the plans for the Section 362.3 of the Code of Iowa. Jaycees/Peosta Channel Trail Project should NOW THEREFORE, BE IT RESOLVED BY incorporate the lowering of the earthen levee to THE CITY COUNCIL OF THE CITY OF no less than its original design elevation. DUBUQUE, IOWA: Section 2. That the City Manager be Section 1. That the City Council shall conduct authorized to sign the Corps of Engineer’s a public hearing on the proposed 2001-02 Construction Permit application for this project, budget of the City of Dubuque at the Carnegie including the lowering of the levee. Stout Public Library Auditorium, 360 West 11th th Passed, approved and adopted this 19 day of Street, Dubuque, Iowa, on Tuesday, March 6, February, 2001. 2001, beginning at 6:30 p.m. Terrance M. Duggan, Mayor Section 2. That the City Clerk be and is hereby Attest: Jeanne F. Schneider, City Clerk authorized and directed to publish according to Buol moved adoption of the Resolution. law notice of public hearing together with the Seconded by Nicholson. Motion carried 7-0. required budget information. th Passed, approved and adopted this 19 day of National League of Cities: Communication February, 2001. from the National League of Cities appointing Terrance M. Duggan, Mayor Council Member Dan Nicholson to the Attest: Jeanne F. Schneider, City Clerk Information Technology and Communications Buol moved adoption of the Resolution. (ITC) Steering Committee for the League, Seconded by Nicholson. Motion carried 7-0. presented and read. Michalski moved that the RESOLUTION NO. 67-01 communication be received and filed. Seconded SETTING THE DATE OF PUBLIC HEARING by Cline. Motion carried 7-0. ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Certificates of Completion - CIGNA: City Manager recommending approval of two Whereas, a proposed five year Capital Certificates of Completion for the CIGNA project, Improvement Program for the City of Dubuque presented and read. Robbins moved that the has been prepared and submitted to the City communication be received and filed and Council; and concurred with the recommendation. Seconded Whereas, the capital projects for the first year by Buol. Motion carried 7-0. are included in the Fiscal Year 2002 budget for the City of Dubuque; and COUNCIL MEMBER REPORTS Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a Michalski thanked the Council and Staff for public hearing and to adopt the five year Capital their good wishes at the time of her recent Improvement Program simultaneously with the surgery. Duggan expressed appreciation for the public hearing and adoption of the Fiscal Year $30 Million grant from Vision Iowa. Markham 2002 budget for the City of Dubuque. stated that the presentation for the Vision Iowa NOW THEREFORE, BE IT RESOLVED BY grant request was great, an outstanding job THE CITY COUNCIL OF THE CITY OF done by the presenters. DUBUQUE, IOWA: Section 1. That the City Council shall conduct ITEMS TO BE SET FOR PUBLIC HEARING a public hearing on the five year Capital Improvement Program at the Carnegie Stout City of Dubuque Fiscal Year 2002 Budget: Public Library Auditorium, 360 West 11th Street, City Manager recommending that a public Dubuque, Iowa, on Tuesday, March 6, 2001, hearing be set for March 6, 2001 to consider beginning at 6:30 p.m. adoption of the Fiscal Year 2002 budget and the Section 2. That the City Clerk be and is hereby Five Year Capital Improvement Program, authorized and directed to publish notice of the presented and read. Buol moved that the public hearing. Regular Session, February 19, 2001 50 th Passed, approved and adopted this 19 day of person may appear and file objections to the February, 2001. proposed plans, specifications, contract, or Terrance M. Duggan, Mayor estimated cost of the improvement. th Attest: Jeanne F. Schneider, City Clerk Passed, adopted and approved this 19 day of Buol moved adoption of the Resolution. February, 2001. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Mississippi River Discovery Center Utility Buol moved adoption of the Resolution. Relocation Project - Initiate: City Manager Seconded by Nicholson. Motion carried 7-0. recommending initiation of the bidding process RESOLUTION NO. 70-01 for the Mississippi River Discovery Center Utility ORDERING BIDS Relocation Project and that a public hearing be held on March 19, 2001, presented and read. NOW THEREFORE, BE IT RESOLVED BY Buol moved that the communication be received THE COUNCIL OF THE CITY OF DUBUQUE, and filed. Seconded by Nicholson. Motion IOWA: carried 7-0 That the Mississippi River Discovery Center Utility Relocation Project is hereby ordered to be RESOLUTION NO. 68-01 advertised for bids for construction. PRELIMINARY APPROVAL OF BE IT FURTHER RESOLVED, that the amount PLANS AND SPECIFICATIONS of the security to accompany each bid shall be in NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions THE CITY COUNCIL OF THE CITY OF of the notice to bidders hereby approved as a DUBUQUE, IOWA: part of the plans and specifications heretofore That the proposed plans, specifications, form adopted. of contract and estimated cost for the Mississippi That the City Clerk is hereby directed to River Discovery Center Utility Relocation advertise for bids for the construction of the Project, in the estimated amount of $528,200, improvements herein provided, to be published are hereby approved and ordered filed in the in a newspaper having general circulation in the office of the City Clerk for public inspection. City of Dubuque, Iowa, which notice shall not be th Passed, adopted and approved this 19 day of less than four days nor more than forty-five days February, 2001. prior to the receipt of said bids at 2:00 p.m. on th Terrance M. Duggan, Mayor the 8 day of March, 2001. Bids shall be opened Attest: Jeanne F. Schneider and read by the City Clerk at said time and will Buol moved adoption of the Resolution. be submitted to the Council for final action at th Seconded by Nicholson. Motion carried 7-0. 6:30 p.m. on the 19 day of March, 2001. th Passed, adopted and approved this 19 day of RESOLUTION NO. 69-01 February, 2001. FIXING DATE OF HEARING Terrance M. Duggan, Mayor ON PLANS AND SPECIFICATIONS Attest: Jeanne F. Schneider, City Clerk Whereas, the City Council of the City of Buol moved adoption of the Resolution. Dubuque, Iowa has given its preliminary Seconded by Nicholson. Motion carried 7-0. approval on the proposed plans, specifications, and form of contract and placed same on file in 1999 P.C. Concrete Paving Project - No. I ( the office of the City Clerk for public inspection Bryant, Booth, and Van Buren ) Reconstruction of the Mississippi River Discovery Center Utility Project - Acceptance: City Manager Relocation Project. recommending acceptance of the PCI I (Bryant, NOW THEREFORE, BE IT RESOLVED BY Booth, and Van Buren) Reconstruction Project in THE CITY COUNCIL OF THE CITY OF the final contract amount of $2,160,641.20 and DUBUQUE, IOWA: recommending that a public hearing be held on th That on the 19 day of March, 2001, a public April 2, 2001 on a new watermain and sanitary hearing will be held at 6:30 p.m. in the Public sewer assessment added to the project at the Library Auditorium, at which time interested request of a property owner, presented and persons may appear and be heard for or against read. Buol moved that the communication be the proposed plans and specifications, form of received and filed. Seconded by Nicholson. contract and cost of said improvement, and the Motion carried 7-0. City Clerk be and is hereby directed to cause a RESOLUTION NO. 71-01 notice of time and place of such hearing to be RESOLUTION OF NECESSITY published in a newspaper having general circulation in the City of Dubuque, Iowa, which Whereas, proposed plans have been duly notice shall be not less than four days nor more prepared and approved by the City Council of than twenty days prior to the day fixed for its the City of Dubuque and are now on file in the consideration. At the hearing, any interested office of City Clerk showing among other things Regular Session, February 19, 2001 51 the plans, specifications, form of contract, NOW THEREFORE, BE IT RESOLVED BY estimated cost and preliminary plat and THE CITY COUNCIL OF THE CITY OF schedule showing the amount proposed to be DUBUQUE, IOWA: nd assessed against each lot and the valuation of That on the 2 day of April, 2001, a public each lot as filed by the City Council, for the 1999 hearing will be held at 6:30 o'clock p.m. in the P.C. Concrete Paving Project No. 1 (Bryant Public Library Auditorium in the City of Dubuque Street, Booth Street, and Van Buren Street). at which time the owners of property subject to NOW THEREFORE, BE IT RESOLVED BY assessment for the proposed improvement or THE CITY COUNCIL OF THE CITY OF any other person having an interest in the matter DUBUQUE, IOWA: may appear and be heard for or against the That the City Council deems it advisable and making of the improvement, the boundaries of necessary for the public welfare to make the the district, the cost, the assessment against any herein mentioned improvements, and unless lot, or the final adoption of a resolution of property owners at the time of the final necessity and the City Clerk be and is hereby consideration of this proposed resolution have authorized and directed to cause a notice of time on file with the City Clerk objections to the and place of such hearing to be published in a resolution of necessity, they shall be deemed to newspaper having general circulation in the City have waived all objections pertaining to the of Dubuque, Iowa, which notice shall be regularity of the proceeding and the legality of published once each week for two consecutive using the special assessment procedure. weeks, the first publication of which shall be not Said improvements shall be constructed and less than ten days prior to the day fixed for its done in accordance with the plans and consideration. Unless property owners at the specifications which have been approved by the time of the final consideration of this proposed City Council and now on file with the City Clerk. resolution have on file with the City Clerk That the cost and expense of making such objections to the Resolution of Necessity they improvement will be assessed partially or totally shall be deemed to have waived all objections against privately owned property lying within the thereto. assessment limits, and in an amount not to Passed, adopted and approved this 19th day exceed that provided by law, and in proportion to of February, 2001. the special benefits conferred. Terrance M. Duggan, Mayor The portion of the cost which shall be borne by Attest: Jeanne F. Schneider, City Clerk the City will be paid from the Street Construction Buol moved adoption of the Resolution. Fund, and special assessment bonds may be Seconded by Nicholson. Motion carried 7-0. issued in anticipation of deferred payments of RESOLUTION NO. 73-01 assessments when a contract has been FIXING DATE OF HEARING ON PLANS AND performed and accepted, and the proceeds SPECIFICATIONS thereof used to pay the contractor. The above resolution was introduced, Whereas, the City Council of the City of approved and ordered placed on file with the Dubuque, Iowa has given its preliminary th City Clerk this 19 day of February, 2001. approval on the proposed plans, specifications, Approved and placed on file for final action. and form of contract and placed same on file in Terrance M. Duggan, Mayor the office of the City Clerk for public inspection Attest: Jeanne F. Schneider, City Clerk of the 1999 P.C. Concrete Paving Project No. Buol moved adoption of the Resolution. 1 (Bryant Street, Booth Street, and Van Buren Seconded by Nicholson. Motion carried 7-0. Street). NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 72-01 THE CITY COUNCIL OF THE CITY OF FIXING DATE OF HEARING DUBUQUE, IOWA: nd ON RESOLUTION OF NECESSITY That on the 2 day of April, 2001, a public Whereas, the City Council of the City of hearing will be held at 6:30 p.m. in the Public Dubuque, Iowa, has given its preliminary Library Auditorium at which time interested approval on the proposed plans, specifications persons may appear and be heard for or against and form of contract and placed same on file in the proposed plans and specifications, form of the office of the City Clerk for public inspection, contract and cost of said improvement, and the for the 1999 P.C. Concrete Paving Project – No. City Clerk be and is hereby directed to cause a 1 (Bryant Street, Booth Street, and Van Buren notice of time and place of such hearing to be Street); and, published in a newspaper having general Whereas, the proposed Resolution of circulation in the City of Dubuque, Iowa, which Necessity for said improvement has been notice shall be not less than four days nor more introduced and is now on file in the City Clerk's than twenty days prior to the day fixed for its office for public inspection. consideration. At the hearing, any interested person may appear and file objections to the Regular Session, February 19, 2001 52 proposed plans, specifications, contract, or Buol moved adoption of the Resolution. estimated cost of the improvement. Seconded by Nicholson. Motion carried 7-0. th Passed, adopted and approved this 19 day of RESOLUTION NO. 76-01 February, 2001. RESOLUTION APPROVING PRELIMINARY Terrance M. Duggan, Mayor FINAL SCHEDULE OF ASSESSMENTS Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 7-0.\ THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 74-01 That the attached sheets, 1 to 10 inclusive, are ACCEPTING IMPROVEMENT hereby determined to be the schedule of Whereas, the contract for the 1999 P.C. proposed assessments for the 1999 P.C. Concrete Paving Project No. 1 (Bryant Street, Concrete Paving Project - No. 1 (Bryant Street, Booth Street, and Van Buren Street) has been Booth Street, and Van Buren Street) and the completed and the City Manager has examined valuations set out herein are hereby approved. th the work and filed his certificate stating that the Passed, approved and adopted this 19 day of same has been completed according to the February, 2001. terms of the contract, plans and specifications Terrance M. Duggan, Mayor and recommends its acceptance. Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Nicholson. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the recommendation of the At 9:04 P.M. Nicholson moved to go into City Manager be approved and that said Closed Session re: Property Acquisition and improvement be and the same is hereby Litigation that is Imminent (Iowa Code Chapter accepted. 21-.5(1)(j)(c). Seconded by Buol. Motion carried BE IT FURTHER RESOLVED that the City 7-0. Treasurer be and he is hereby directed to pay to At 9:35 P.M. Council reconvened Regular the contractor from the Street Construction Fund Session. in amount equal to the amount of this contract, less any retained percentage provided for There being no further business, Nicholson therein. moved to adjourn. Seconded by Buol. The th Passed, approved and adopted this 19 day of meeting adjourned at 9:36 P.M. February, 2001. Terrance M. Duggan, Mayor /s/ Jeanne F. Schneider Attest: Jeanne F. Schneider, City Clerk City Clerk Buol moved adoption of the Resolution. 1t 2/28 Seconded by Nicholson. Motion carried 7-0. Approved:__________________________2001 RESOLUTION NO. 75-01 Adopted:___________________________2001 FINAL ESTIMATE Whereas, the contract for the 1999 P.C. ______________________________________ Concrete Paving Project No. 1 (Bryant Street, Mayor Booth Street, and Van Buren Street) has been ______________________________________ completed and the City Engineer has submitted his final estimate showing the cost thereof ______________________________________ including the cost of estimates, notices and inspection and all miscellaneous costs; ______________________________________ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ______________________________________ DUBUQUE, IOWA: Section 1. That the cost of said improvement is ______________________________________ hereby determined to be $2,160,641.20. Section 2. That $376,303.64 of the cost ______________________________________ thereof shall be assessable upon private property and $1,715,712.94 shall be paid from ______________________________________ the Street Construction Fund. Council Members th Passed, approved and adopted this 19 day of Attest: February, 2001. Terrance M. Duggan, Mayor ______________________________________ Attest: Jeanne F. Schneider City Clerk Regular Session, February 19, 2001 53 Special Session, February 21, 2001 53 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 21, Approved:__________________________2001 2001 Council met in special session at 6:15 p.m. at Adopted:___________________________2001 the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by telephone), ______________________________________ Nicholson, Robbins, City Manager Michael Van Mayor Milligen ______________________________________ Mayor Duggan read the call and stated this is a special session of the City Council called for ______________________________________ the purpose of discussing various City budgets. ______________________________________ The Fiscal Year 2002 proposed budgets for the Civic Center Division, Recreation Division, ______________________________________ Park Division, Information Services Department, and Cable TV Division were presented and ______________________________________ discussed. ______________________________________ There being no further business, Nicholson moved to adjourn. Seconded by Robbins. ______________________________________ Motion carried 7-0. The meeting adjourned at Council Members 8:02 p.m. Attest: /s/ Jeanne F. Schneider ______________________________________ City Clerk City Clerk 54 Special Session, February 26, 2001 hearing on the Fiscal Year 2002 budget to be voted upon. DUBUQUE CITY COUNCIL The Human Rights Department, Housing OFFICIAL Services Department, and Water Department PROCEEDINGS then proceeded with their budget presentations. At 8:13 p.m. Nicholson moved to go into City Council, Special Session, February 26, Closed Session regarding property acquisition 2001 (Iowa Code Chapter 21.5(1)(j). Seconded by Council met in special session at 6:15 p.m. at Robbins. Motion carried 6-0. the Library Auditorium At 8:46 p.m. Council reconvened Special Present: Mayor Pro-Tem Markham, Council Session stating Staff had been given proper Members Buol, Cline, Michalski (by telephone), direction. Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl There being no further business, Nicholson Absent: Mayor Duggan moved to adjourn. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at Mayor Pro-Tem Markham read the call and 8:47 p.m. stated this is a special session of the City Council called for the purpose of discussing /s/ Jeanne F. Schneider various City budgets and to conduct a public City Clerk hearing on the expenditure of Community Development Block Grant Funds. Approved:__________________________2001 The Community and Economic Development Department budget was presented. Mayor Pro- Adopted:___________________________2001 Tem Markham opened the public hearing on the Community Development Block Grant Funds. No one spoke on the CDBG budget. ______________________________________ Rhodes (Bud) Isenhart, 8908 Quail Ridge Mayor Court, spoke regarding the City’s TIF Program and requested that it be recognized that all ______________________________________ taxpayers in the County contribute toward this program, not only City residents. ______________________________________ The proposed Fiscal Year 2002 budget for the ______________________________________ Planning Services Department was then presented. Mary Lynn Neumeister, Chair of the ______________________________________ Long Range Planning Commission, spoke in favor of funding for the Zoning Ordinance ______________________________________ update. Terry Mozena, Chair of the Historic Preservation Commission, spoke in favor of ______________________________________ funding for the full-time Historic Preservation Planner position. Mike Gibson, Loras College; ______________________________________ Linda Herbst, Dubuque Main Street, Ltd.; and Council Members Paul Kirkegard, Old House Enthusiasts, all spoke in favor of adding this position. Attest: Dan LoBianco, Dubuque Main Street, Ltd., ______________________________________ thanked the Council for funding of the Downtown City Clerk Comprehensive Plan, and also stated his support for the Planner position. Council Member Buol stated that review of the Zoning Ordinance has been a priority since 1996 and possibly should be revisited at the next Council goal setting session to determine if this is still a priority. Council Member Nicholson asked that this be brought back at the public Special Session, February 27, 2001 55 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 27, 2001 Approved:__________________________2001 Council met in special session at 6:15 p.m. at the Library Auditorium Adopted:___________________________2001 Present: Mayor Pro-Tem Nicholson, Council Members Buol, Cline, Michalski (by telephone), Robbins, City Manager Michael Van Milligen, ______________________________________ Corporation Counsel Barry Lindahl Mayor Absent: Mayor Duggan and Council Member John Markham ______________________________________ Mayor Pro-Tem Nicholson read the call and ______________________________________ stated this is a special session of the City Council called for the purpose of discussing ______________________________________ various City budgets. ______________________________________ The Operations and Maintenance Department, Engineering Division and Transit Division ______________________________________ budgets were presented. ______________________________________ Steve Mosiman, 1000 Clarke Drive expressed concern as to when the steps between West ______________________________________ Locust and Hodgden would be completed. Council Members Randy Lyon, 1915 Admiral; Greg Cigrand, 1865 Admiral; Mrs. Roland Avenarius, 2985 University Attest: all expressed concern about storm water drainage in that area of town. ______________________________________ City Clerk Purchase of Services -- The following Purchase of Service agencies were represented: Sue Czeshinski for the Convention and Visitors Bureau; Steve Jacobs for Project Concern (Information and Referral, Child Care Referral, and Foster Grandparent Program); Chuck Isenhart for the Dubuque Area Labor Management Council; Dan LoBianco for Dubuque Main Street, Ltd.; Rick Dickinson for Greater Dubuque Development Corporation; David Runyon for Helping Services of Northeast Iowa; and Myra Benzer and Linda Hathaway for Retired Senior Volunteer Program. There being no further business, upon motion meeting adjourned at 8:47 p.m. /s/ Jeanne F. Schneider City Clerk 56 Special Session, February 28, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 28, Approved:__________________________2001 2001 Adopted:___________________________2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members ______________________________________ Buol, Cline, Markham, Michalski (by telephone), Mayor Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl ______________________________________ Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for ______________________________________ the purpose of discussing various City budgets. ______________________________________ The Emergency Communications Center, Emergency Management Office, Fire ______________________________________ Department, Health Services Department and Police Department budgets were presented and ______________________________________ reviewed. ______________________________________ There being no further business, Robbins Council Members moved to adjourn. Seconded by Buol. Motion Attest: carried 7-0. The meeting adjourned at 7:49 p.m. ______________________________________ City Clerk Jeanne F. Schneider City Clerk