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2001 October Council Proceedings Regular Session, October 1, 2001 323 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 1, 2001 Council met in Reguiar Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the cail and stated this is the regular session of the City Councii called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Terry Simm, Pastor, First Presbyterian Church. PROCLAMATIONS: Domestic Vioience Awareness Month (October) received by Lisa McCarthy; Crop Walk Day in Dubuque (October 7, 2001); Trick or Treat Night (October 31, 2001). CONSENT ITEMS . Minutes Submitted: Airport Commission of 10/13; City Council of 9/4 and 9/17; Community Development Advisory Commission of 9/20; Five Flags Commission of 9/17; Housing Code Appeal Board of 6/21 and 9/18; Human Rights of 8/13; Library Board of 7/26; Long Range Planning Advisory Commission of 8/15; Mechanical Board of 9/12, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed Council Proceedings for July, 2001, presented and read. Michalski moved that the proceedings be approved as printed. Seconded by Nicholson. Motion carried 7-0. Proof of Publication of City Council Proceedings of 8/28, presented and read. Michalski moved that the proof be received and filed. Seconded by Nichoison. Motion carried 7- O. Finance Director submitting the Financial Reports for the month ending August 31, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . Notice of Claims/Suits: Mark Heacock in estimated amount of $129.96 for property damage; Bev Hodgson in undetermined amount for vehicle damage; Morse Electric, Inc" in amount of $18,900 for labor and materials used for renovation of the Bunker Hill Clubhouse, presented and read. Michalski moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nichoison. Motion carried 7-0. Corporation Counsel advising that the foilowing claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Karen A. Heaiy for personal injury, presented and read. Michalski moved that the communication be received and filed and concurred. Seconded by Nicholson. Motion carried 7-0. Citizen Communications: Communication of James R. Myers regarding the electrical system at Miiler-Riverview Park, presented and read. Michalski moved that the communication be' received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Request of Frank J. Fincel that a portion of his property which was involuntarily annexed to the City of Dubuque in 1979 be detached from the City, presented and read. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Wilbricht Lane Storm Sewer - Acceptance: City Manager recommending acceptance of the Wilbricht Lane Storm Sewer Reconstruction Project in the final contract amount of $21,489.80, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 424-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Wiibricht Lane Storm Sewer Improvements Project has been compieted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2001 General Fund in amount equal to the amount of 324 Regular Session, October 1, 2001 this contract, less any retained percentage provided for therein. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 425.01 FINAL ESTIMATE Whereas, the contract for the Wilbricht Lane Storm Sewer Improvements Project 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 ail misceilaneous 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 $21,489.80 and the said amount shail be paid from the Fiscai Year 2001 General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1" day of October. 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Manson Road - Acceptance of Warranty Deeds: City Manager recommending acceptance of a warranty deed for a right-of-way purchase on Manson Road, presented and read. Michalski moved that the communication be . received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 426-01 A RESOLUTION ACCEPTING A CONVEY. ANCE OF PROPERTY-A PART OF LOT 2-1. 1.1.1.1.2.1-4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE-ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Rodney J. Krapft and Mary Jane Krapfl, pursuant to which Rodney J. Krapft and Mary Jane Krapfl, agreed to convey a part of Lot 2-1-1-1-1-1-2-1-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Rodney J. Krapft and Mary Jane Krapfl. have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED B THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Rodney J. Krapft and Mary Jane Krapfi, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any Instruments in connection herewith. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Tanzanite Drive - Acceptance of Deeds: City Manager recommending acceptance of warranty deeds for a right-of-way purchase on Tanzanite Drive, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 427.01 A RESOLUTION ACCEPTING A CONVEY. ANCE OF PROPERTY (LOT A OF LOT 1 OF LOT 2 OF LOT 27, SECTION 2, T89N, R2E, 5TH P.M., DUBUQUE COUNTY, IOWA) TO THE CITY OF DUBUQUE FOR TANZANITE DRIVE EXTENSION Whereas, the City of Dubuque entered into an Acquisition Agreement with Harry J. and Mary E. Althaus, pursuant to which Harry J. and Mary E. Althaus agreed to convey Lot A of Lot 1 of Lot 2 of Lot 27, Section 2, T89N. R2E, 51h P.M., Dubuque County. Iowa, as shown on the Acquisition Plat thereof; and Whereas, Harry J. and Mary E. Althaus have executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Harry J. and Mary E. Aithaus, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behaif of the City of Dubuque any instruments in connection herewith. Passed. approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 428-01 A RESOLUTION ACCEPTING A CONVEY. ANCE OF PROPERTY (LOT A OF LOT 2 OF LOT 2 OF LOT 27, SECTION 2, T89N, R2E, 5TH P.M., DUBUQUE COUNTY, IOWA) TO THE Regular Session, October 1, 2001 325 . CITY OF DUBUQUE FOR TANZANITE DRIVE EXTENSION Whereas, the City of Dubuque entered into an Acquisition Agreement with H&M Realty, L.C" pursuant to which H&M Realty, L.C., agreed to convey Lot A of Lot 2 of Lot 2 of Lot 27, Section 2, T89N, R2E, 5'h P.M., Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and Whereas, H&M Realty. L.C. has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from H&M Realty, L.C., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . Woodward Place - Plat of Survey: City Manager recommending approval of the plat of survey of Woodward Place to expand an off- street parking lot for use by Woodward Communication, Inc. employees and the Dubuque Museum of Art at the northeast corner of Bluff Street and 7'h Street, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 429-01 A RESOLUTION APPROVING THE PLAT OF SURVEY OF WOODWARD PLACE IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Woodward Place in the City of Dubuque; and Whereas, upon said plat of survey appears a lot to be known as Lot 2 Woodward Place, which the owners by said plat of survey have dedicated to the public forever; and Whereas, said plat of survey has been reviewed by the City Planner and had her approval endorsed hereon; and Whereas, said piat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot 2 Woodward Place as it appears on said final plat, be and the same are hereby accepted; and, Section 2. That the plat of survey of Woodward Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said survey plat. Passed, approved and adopted this 1 st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. America's River Project Boating Infrastructure Grant: City Manager recommending approval of a grant application to the Iowa Department of Natural Resources (IDNR) for Federal Boating Infrastructure Funds. for dredging and construction of transient boat docks in the Ice Harbor and construction of a riverfront boat pier as part of the America's River project, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 430-01 RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR FEDERAL BOATING INFRASTRUCTURE FUNDS FOR THE AMERICA'S RIVER PROJECT Whereas, the Iowa Department of Natural Resources (IDNR) has Federal Boating Infrastructure funds available to develop transient boat docks for nontrailerable vessels; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of transient boat docks; and Whereas, the City of Dubuque has approved the America's River project that includes the development of transient boat docks in the Ice Harbor and on the Mississippi River. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assistant City Manager is hereby authorized to submit an application for Federal Boating Infrastructure funds to the IDNR for development of transient boat docks in the Ice Harbor and on the Mississippi River. Section 2. That the City of Dubuque agrees to maintain the transient boat docks used in accordance with the Federai Boating Infrastructure Grant Program. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 326 Regular Session, October 1, 2001 Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Heritage Trail Extension - Grant Application: City Manager recommending approval of a grant application to the Iowa Department of Transportation (IDOT) for Statewide Transportation Enhancement Funds for the extension of Heritage Trail from Heron Pond to the Dubuque Jaycees Trail, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 431-01 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF TRANSPORTATION STATEWIDE TRANS- PORTATION ENHANCEMENT FUNDS FOR THE HERITAGE TRAIL EXTENSION FROM THE HERON POND WETLANDS NATURE TRAIL TO THE DUBUQUE JAYCEES TRAIL Whereas, the Iowa Department of Transportation (I DOT) has Statewide Transportation Enhancement Funds available to develop recreational trails in cities; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of DUbuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail Extension. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is hereby authorized to sign and submit this application for Statewide Transportation Enhancement Funds to the IDOT for the extension of Heritage Trail from the Heron Pond Wetlands Nature Trail to the Dubuque Jaycees Trail, on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Section 3. That the City Manager is hereby authorized to reallocate $100,000 from the FY02 Capital Improvement Program from the Highway 20 Landscaping project to serve as the local match for this grant. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Riprow Valley Project - Federal Recreational Trail Grant: City Manager recommending approvai of the submission of a grant application to the Iowa Department of Transportation for Federal Recreational Trail Funds for the acquisition of land for a trailhead for the Heritage Trail Extension in the Riprow Valley Recreation Area, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion canned 7-0. RESOLUTION NO. 432-01 RESOLUTION AUTHORIZING fl, GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR FEDERAL RECREATIONAL TRAILS FUNDS FOR THE RIPROW VALLEY TRAIL HEAD ACQUISITION Whereas, the Iowa Department of Transportation (IDOT) has Federal Recreational Trails funds available to develop recreational trails in cities; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of DUbuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail Extension to the Riprow Valley. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is hereby authorized to sign and submit this application for Federal Recreational Trails funds to the IDOT for acquisition of property for Rlprow Valley Trail Head on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the property for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this 1st day of October,200L Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Phase I Highway 20 Landscaping Project - Acceptance: City Manager recommending acceptance of the Phase I Highway 20 Landscaping Project in the final contract amount of $445,959.67, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 433-01 ACCEPTING IMPROVEMENT WHEREAS, the contract for the PHASE I, HIGHWAY 20 LANDSCAPING PROJECT has Regular Session, October 1, 2001 327 . been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 434-01 FINAL ESTIMATE WHEREAS, the contract for the PHASE I, HIGHWAY 20 LANDSCAPING PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $445,959.67, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1 st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Industrial Center West Landscaping Project - Acceptance: City Manager recom- mending acceptance of the Dubuque Industrial Center West Landscaping Project in the final contract amount of $105,605, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 435-01 ACCEPTING IMPROVEMENT WHEREAS, the contract for the LANDSCAPING OF THE DUBUQUE INDUSTRIAL CENTER WEST PROJECT has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1 st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 436-01 FINAL ESTIMATE WHEREAS, the contract for the LANDSCAPING OF THE DUBUQUE INDUSTRIAL CENTER WEST PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $105,605.00, and the said amount shall be paid from the Generai Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of October,200L Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Sale of Land Along Rhomberg Avenue; City Manager recommending approval of the proposal to sell City-owned property in the 2700 block of Rhomberg Avenue to the adjoining property owners, presented and read. Michaiski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Depot Restoration Project: City Manager recommending that the City support the Dubuque County Historicai Society's grant application to the State Historical Society of Iowa for the depot restoration project, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Human Rights Commission - Application for HUD Contract Funds: City Manager recommending approval of the Human Rights Commission application to the U.S. Department 328 Regular Session, October 1,2001 of Housing and Urban Development (HUD) for contract funds for various proposed projects, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. United Rentals Site - Restrictive Covenant: Corporation Counsel recommending execution of a Declaration of Restrictive Covenants on behaif of the City for the United Rentals property located at 301 Iowa Street, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Manson Road Bridge Reconstruction Project: Corporation Counsel recommending that the City issue a check to the Dubuque County Sheriff in the amount of $4,650 to complete the acquisition of property for the Manson Road Bridge Reconstruction Project, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Supplement No. 51 to the Code of Ordinances: City Manager recommending adoption of Suppiement No. 51 to the City of Dubuque Code of Ordinances, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 437-01 ADOPTING SUPPLEMENT NO. 51 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council" pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19,1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 51 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 42-01 enacted through June 18, 2001 and prepared by the Sterling COdifiers, Inc, Coeur D Alene, ID hereto filed in the Office of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. State Historical Society of Iowa, Communication from the State Historical Society of Iowa advising that the City has received a Certified Local Government (CLG) grant in the amount of $10,000 to fund the City's Design Review Training Program, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Grand Opera House Accessible Restroom Project: City Manager recommending authorization of the publication of combined notice of no significant impact on the environment and notice of intent to request release of funds for the Grand Opera House Accessible Restroom project, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 438-01 A RESOLUTION AUTHORIZING PUBLICA- TION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR THE GRAND OPERA HOUSE ACCESSIBLE RESTROOM PROJECT Whereas, the City of Dubuque entered into a Grant Agreement for the Fiscal Year commencing July 1, 2001, with the U.S. Department of Housing and Urban Deveiopment, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the Grand Opera House Accessible Restroom project; and Whereas, based on said environmental review, the Department of Housing and Community Development has determined that said project will have no significant impact on the environment; and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of Regular Session, October 1, 2001 329 . "Intent to Request Release of Funds" for said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the iocal news media, individuais and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Grand Opera House Accessible Restroom project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on October 19, 2001. Such notice shail be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk and the Housing and Community Development office where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Duboque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. . . Passed, approved and adopted this 1" day of October 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Physical Infrastructure Assistance Program: City Manager recommending execution of a Physical Infrastructure Assistance Program (PIAP) loan agreement to support the City's Kerper Boulevard Industrial Park Project, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 439-01 A RESOLUTION AUTHORIZING THE EXECUTION OF A PHYSICAL iNFRA- STRUCTURE ASSISTANCE PROGRAM (PIAP) LOAN AGREEMENT FOR ONE MiLLION ONE HUNDRED EIGHTY-FOUR THOUSAND DOLLARS ($1,184,000) WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT. Whereas, the Physical Infrastructure Assistance Program (PIAP) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, on April 22, 1998, the City of Dubuque, Iowa was awarded a one million one hundred eighty-four thousand dollar ($1,184,000) forgivable loan from the PIAP program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Eagle Window & Door Company in its efforts to expand its operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a PIAP Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Department of Economic Development and the City of Dubuque, iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor be and he is hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached PIAP Loan Agreement. Passed, approved and adopted this 1st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. FTA Recognition: City Manager advising that Transit Manager Mark Munson and Keyline staff 330 Regular Session, October 1, 2001 received a Certificate of Appreciation from the Region VII Federal Transit Administration in recognition for innovative approaches to addressing public transportation services in Dubuque and East Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. - Liquor License Transfer. Transfer of The Busted Lift liquor license to Louis Murphy Park for a special event on October 13, 2001, presented and read, Michalski moved that the communication be received and filed and request approved, Seconded by Nicholson. Motion carried 7-0, Business Licenses: RESOLUTION NO, 440-01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT J & P. O'Hara, Inc Happy Joes Ice Cream/Pizza+(Sunday Sale) 855 Century Dr CLASS "C" BEER PERMIT RKM, LLC Ron's Discount Smokes & Beverage+(Sunday Sale) 1701 JFK Rd. Eagle Food Centers, Inc. Eagle Food Center #018+(Sunday Sale) 300 S Locust St Eagle Food Centers, Inc, Eagle Food Center #130+(Sunday Sale) 1800 Elm St Eagle Food Centers, Inc. Eagle Food Center #320+(Sunday Sale) 2050 JFK Rd, Passed, approved and adopted this 1 ,t day October, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 441-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to compiy with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER/LIQUOR LICENSE IBRICO, Inc Fat Tuesday+ (Sunday Sale) 1121 University Ave Curtis Gerhard Knickers Saloon (1 Day Outdoor Sale) 2186 Central Ave CLASS "B" WINE TFM Co, Oky Doky # 2 51 W, 320' St Eagle Food Centers, Inc. Eagle Food Center #018 300 S Locust St Eagle Food Centers, Inc Eagle Food Center #130 1800 Elm St Eagle Food Centers, Inc. Eagle Food Center #320 2050 JFK Rd Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Michalski moved adoption of the Resolution, Seconded by Nicholson, Motion carried 7-0, BOARDS/COMMISSIONS Interviews for the following Boards Commissions: Environmental Stewardship Advisory Commission (Two 3-year terms to expire 10/1/04). Applicants: Michael J. Buelow, John S, Bennett, John Nemmers, No one spOke. Mechanical Code Board (Five Vacancies): Applicant: Todd Geisler (Pipefitter), No one spoke, Plumbing Board (Two Vacancies): Applicant: Dan Harris (At-Large). Mr. Harris spoke requesting consideration for appointment. After discussion about the possibility of non- residents being considered for appointment to City Boards and Commissions, Michalski moved that the City Manager and staff look into the requirements for appointments to technical advisory boards. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to speak. Seconded by Cline. Carried by the following vote: Yeas-Buol, Duggan, Cline, Markham, Michalski, Nicholson, Robbins. Nays-None. Due to possible conflict of interest, Mayor Duggan turned control of the meeting to Mayor Pro-Tem Robbins, Regular Session, October 1, 2001 331 . Plastic Center, Inc. - Conceptual Development Plan: Proof of publication on notice of hearing and Zoning Advisory Commission reaffirming their approval of a rezoning request from Plastic Center, Inc., to rezone property located at the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural District to PUD Planned Unit Development with a PC Planned Commercial, PO Planned Office and PR Planned Residential designation, presented and read. Correspondence from the Fischer Companies regarding the rezoning request for property located at the southeast corner of the Northwest Arterial and Asbury Road, presented and read. Attorney Brian Kane, 2100 Asbury Rd., for The Plastic Center and Fischer Co., spoke and requested that action on this matter be tabled until November 19, 2001. An ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural District to PUD Planned Unit Development District with PC Planned Commercial District, PO Planned Office and PR Planned Residential District Designations, and adopting a Conceptual Development Plan, with conditions, for Plastic Center, Inc., presented and read. Markham moved to receive and file and that the requirement that a proposed Ordinance be considered and voted on for passage at wo Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. No vote taken on this motion. Nicholson then moved to receive and file the proof and correspondence and to table the Public Hearing for continuance to the Council Meeting of 11/19/01. Seconded by Cline. Motion carried 6-0. Mayor Duggan returned and took control of the meeting. . 1133 White Street - Sale of Real Property: Proof of publication on notice of public hearing and City Manager recommending the sale of City-owned property at 1133 White Street to Jack and Stephen Stackis for the amount of $5,165, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Buol. Motion carried 7-0. Steve Stackis, of Sprucewood Dr., spoke in support of the proposed sale. . RESOLUTION NO. 442-01 RESOLUTION APPROVING THE DISPOSAL OF CITY-OWNED PROPERTY, SPECIFI- CALLY, SOUTH ONE-HALF (S1/2) OF THE MIDDLE ONE-FIFTH (M1/5) OF OUT LOT 479 IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS MAP; OTHERWISE KNOWN AS 1133 WHITE STREET. WHEREAS, pursuant to a notice duly published in the Telegraph Herald Newspaper, the City Council of Dubuque, Iowa met on the 1" day of October 2001 at 6:30 pm in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa to consider the proposal to dispose the City-owned real estate located at 1133 White Street, which property is legally described as follows: South One-Half (S1/2) of the Middle One-Fifth (M1/5) of Out Lot 479 in the City of Dubuque, County of Dubuque, Iowa according to the recorded plat thereof WHEREAS, such property is proposed to be sold to Jack Stackis and Stephen Stackis In consideration of Five Thousand, One Hundred, Sixty-Five ($5,165) Dollars; and WHEREAS, the City Council of the City of Dubuque, Iowa, has overruled any and all objections, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate to the above~named grantees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque in the above legally described property to Jack Stackis and Stephen Stackis is hereby approved. Section 2. That the Mayor be and he is hereby authorized and directed to execute a Quit Claim Deed, and that the City Clerk be and she is hereby directed and authorized to deliver such Deed, conveying the above-described real estate to the above-named grantees. Passed, approved and adopted this 1" day of October 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Kebbie Drive - Request to Vacate: Proof of publication on notice of public hearing and City Manager recommending to dispose of Clty- owned property to Roger Klauer and a Resolution Disposing of City interest in Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision, Dubuque, Iowa, presented and read. Markham moved to consider Action Item # 2 (Roger F. Klauer - Request for Clarification) at this same time. Seconded by Buol. Motion carried 7-0. Roger F. Klauer - Request for Clarification: Communication of Roger F. Klauer requesting 332 Regular Session, October 1, 2001 clarification of the Memorandum of Agreement of C-3 zoned property in C,J. Bies Subdivision, and communication from the Zoning Advisory Commission regarding the condition of limited access to Century Drive from the commercial property and offering to review the issue at their next meeting, presented and read. Markham moved to table the public hearing and refer these matters to the Engineering Division for review. Seconded by Buol. Motion carried 7-0. Bergfeld Recreation Area Jetty and Access Trail Project: Proof of publication on notice of public hearing and receipt of bids and City Manager recommending award of the contract for the Bergfeld Recreation Area Jetty and Access Trail Project to Portzen Construction, Inc., in the amount of $62,304.56, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 443-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 4th day of September, 2001, plans, specifications, form of ccntract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the BERGFELD RECREATION AREA JETTY AND ACCESS TRAIL PROJECT, WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 1st day of October, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 444-01 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the BERGFELD RECREATION AREA JETTY AND ACCESS TRAIL PROJECT pursuant to Resolution No. 397-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 8th day of September, 2001, WHEREAS, said sealed proposals were opened and read on the 20th day of September, 2001, and it has been determined that the bid of PORTZEN CONSTRUCTION, INC., In the amount of $62,304.56 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above Improvement be awarded to PORTZEN CONSTRUCTION INC., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bi~ders, Passed, approved and adopted this 1st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0, Markham moved to reinstate the rule limiting discussion to Council. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Penalties for Tobacco Permit Holders: Consideration of assessing civil penalties to five businesses for underage tobacco sales, presented and read. Michalski moved that the communication be received and filed and approved penalty assessments, Seconded by Nicholson. Motion carried 7-0. Animal Control Ordinance: City Manager recommending approval of changes to the Animal Control Ordinance relative to vicious dogs and other minor updates to the Ordinance, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0, An Ordinance Amending Chapter 7 Animals and Fowl, Article II, Dogs and Cats. by amending Sec, 7-16 Definitions, Sec, 7-18 Nuisance, Sec. 7-19 Female Dogs in Season, Sec. 7-23 Redemption. Sec. 7-24 Disposition of Unredeemed Dogs or Cats, Sec. 7-25 Running at Large; by adopting a new Sec. 7-26 Directing Dog With Malicious Intent; by adopting a new Se. 7-27 Use of Dog in Illegal Activity; by adopting a new Sec, 7-28.10 Keeping Unlicensed Dog or Cat Prohibited; by amending Sec, 7-32 Application for License, Sec. 7-33 Dogs-License Fee, 7-35 Cats-License Fee; and by adopting a new article IV Potentially Vicious Dogs, Defining Potentially Vicious Dog, Regular Session, October 1, 2001 333 . Providing a Procedure for Declaration of Potentially Vicious Dog and the Disposition of Potentially Vicious Dog, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO, 60-01 AN ORDINANCE AMENDING CHAPTER 7 ANIMALS AND FOWL, ARTICLE II, DOGS AND CATS, BY AMENDING SEC. 7-16 DEFINITIONS, SEC. 7-18 NUISANCE, SEC. 7- 19 FEMALE DOGS IN SEASON, SEC. 7-23 REDEMPTION, SEC. 7-24 DISPOSITION OF UNREDEEMED DOGS OR CATS, SEC, 7-25 RUNNING AT LARGE; BY ADOPTING A NEW SEC, 7-26 DIRECTING DOG WITH MALICIOUS INTENT; BY ADOPTING A NEW SE. 7-27 USE OF DOG IN ILLEGAL ACTIVITY; BY ADOPTING A NEW SEC. 7-28.10 KEEPING UNLICENSED DOG OR CAT PROHIBITED; BY AMENDING SEC. 7-32 APPLICATION FOR LICENSE, SEC. 7-33 DOGS-LICENSE FEE, 7-35 CATS-LICENSE FEE; AND BY ADOPTING A NEW ARTICLE IV POTENTIALLY VICIOUS DOGS, DEFINING POTENTIALLY VICIOUS DOG, PROVIDING A PROCEDURE FOR DECLARATION OF POTENTIALLY VICIOUS DOG AND THE DISPOSITION OF POTENTIALLY VICIOUS DOG. Section. 1. Chapter 7 of the City of Dubuque Code of Ordinances is hereby amended as follows: (a) Sec. 7-16 is amended to read as follows: Sec. 7-16 Definitions: The following definitions shall apply in the interpretation of this Article: (1) Dog: Both male and female animals of the canine species whether neutered or not, but not including a law enforcement dog. (2) Cat: Both maie and female animals in the family Felis catus whether neutered or not. . (3) Owner: Any person owning a cat or dog. (4) Keeper: Any person other than the owner keeping, sheltering, having control or custody of or harboring a cat or dog. (5) Neutered: Shall refer to a surgical procedure that has been performed on a dog or a cat that renders it incapable of siring or bearing offspring. (6) At large: Includes any dog, cat or livestock, fowl or ferret found off the premises of the owner. A dog or cat shall not be deemed at large if the dog or cat is: a. Attached to a ieash of sufficient strength and appropriate length to control the animal where such leash is held by its owner or keeper; or b. Restrained within an enclosed motor vehicle or by a crate or leash of sufficient strength and appropriate length to keep the dog or cat within the motor vehicle; or . c. Housed in a licensed veterinarian's animal hospital; or d. Accompanied by the owner or keeper on the premises of another with such person's consent and restrained by an adequate protective fence or by leash, cord, chain or other similar restraint that does not allow the dog or cat to go beyond such person's property line or to come into contact with anyone outside such person's property line. (7) Kennel: Shall refer to a place or establishment where dogs or cats are kept or raised for the purpose of breeding, boarding, racing at a licensed pari-mutuel track, exchanged or offered for sale to the general public and which are kept under constant restraint. (8) Nuisance: A dog or cat shall be considered a nuisance if it: a. Damages, soils, defiles or defecates on private property other than the owne~s or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner. b. Causes unsanitary, dangerous or offensive conditions. c. Causes a disturbance by excessive barking or other noise-making or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property. (9) Vicious animal: A vicious cat or d09 is deemed so when it shall have attacked or bitten any person on more than one occasion without provocation or when an attack or bite results in serious bodily injury. (c) Sec. 7-18 is amended to read as follows: Sec. 7-18. Nuisance: It shall be unlawful for any owner or keeper to permit a dog or cat to commit a nuisance. (d) Sec. 7-19 is amended to read as follows: Sec. 7-19. Female Dogs In Season: It shall be unlawful for any owner or keeper to allow a female dog in season to run at large or to so confine such dog as to attract male dogs to the area and by their presence cause a nuisance. (e) Sec. 7-23 Is amended to read as follows: Sec. 7-23. Redemption: (a) Except as otherwise provided, the owner may redeem a licensed dog or cat seized or impounded pursuant to this Article by paying the sum of twenty-five dollars ($25.00) plus the separate daily fee for keeping such dog or cat each day or fraction thereof during the time that such dog or cat is impounded. Upon the second subsequent impoundment of the same animal within three hundred sixty five (365) days, an impoundment charge of thirty-five dollars ($35.00) shall be assessed, plus the separate daily fee for keeping such dog or cat each day or fraction thereof during the time which said dog or cat is impounded. Regular Session, October 1, 2001 335 . cannot be served personally or by mail, by publication in a newspaper of general circulation in the county. (c) The declaration shall state: (1) The description of the animal; (2) The name and address of the owner of the animal, if known; (3) The whereabouts of the animal, if not in the custody of the owner; (4) The facts upon which the declaration of potentially vicious dog is based; (5) The owner's right to a hearing if the person objects to the declaration; (6) The restrictions placed upon the animal as a result of the declaration of potentially vicious dog; and . (7) The penalties for a violation of such restrictions. (d) The owner may object to the declaration of potentially vicious dog by requesting a hearing before the Health Services Officer by submitting a written request to the Heaith Services Officer within ten (10) days of the date of mailing of the declaration, or within ten (10) days of the publication of the declaration. (1) If the Health Services Officer finds that there is insufficient evidence to support the declaration, It shall be rescinded, and the restrictions imposed thereby annulled. (2) If the Health Services Officer finds sufficient evidence to support the declaration, the Health Services Officer shall provide the owner with written notice of such determination within five (5) working days after the hearing. (3) Prior to the hearing, the owner shall confine the dog in a fenced enclosure on the owner's premises. It shall be unlaw1ul for the owner of the potentially vicious dog to allow or permit such dog to go beyond the premises of the owner unless such dog is securely leashed and humanely muzzled or otherwise securely restrained. (4) If it is determined by the animal control officer or law enforcement officer that probably cause exists to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the dog pending the hearing to be held pursuant to this article. The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog if the dog is later determined to be potentially vicious. When a dog has been impounded and it is not contrary to public safety, the animal control officer shall permit the animal to be confined at the owner's expense in a Health Services Department approved kennel or veterinary facility. Sec. 7-84. Notification Of Status Of Potentially Vicious Dog. . . The owner shall immediately notify the Health Services Department when a dog which has been classified as potentially vicious: (1) Is loose or unconfined; (2) Has bitten a human being or attacked another animal; (3) Is sold or given away, or dies; or (4) Is moved to another address. Prior to a potentially vicious dog being sold or given away, the owner shall provide the name, address and telephone number of the new owner to the Health Services Department. The new owner shall comply with all the requirements of this Chapter. Sec. 7-85. Exceptions To Classification. (a) No dog may be declared potentially vicious if: (1) Any injury or damage was sustained by a person who, at the time of the injury or damage was sustained, was committing a willful trespass or other tort upon, premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime; (2) The dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault; or (3) The injury or damage was sustained by a person or a domestic animal, which at the time of the injury or damage was sustained, was teasing, tormenting, abusing or assaulting the dog. (b) No dog may be declared potentially vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog. Sec. 7-86. Disposition Of Potentially Vicious Dog. (a) A potentially vicious dog shall be properly licensed and vaccinated. The potentially vicious designation shall be included in the registration records of the dog. The City may charge a potentially vicious dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog. (b) A potentially vicious dog, while on the owner's property, shall at all times be kept indoors or in a securely fenced yard from which the dog cannot escape and into which children cannot trespass. A potentially vicious animal may be off the owner's premises only if restrained by a substantial leash, of appropriate length, and if the dog is under the control of a responsible adult and is humanely muzzled. (c) If a potentially vicious dog dies, or is sold, transferred or permanently removed from the city, the owner of dog shall notify the Health Services Department of the changed condition 336 Regular Session, October 1, 2001 and new location of the dog in writing within two (2) working days. Section 2, This Ordinance shall take effect upon publication. Passed, approved and adopted this 1 st day of October 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 6th day of October, 2001. Jeanne F. Schneider, City Clerk 11 10/6 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Special Events Project - Ordinance Changes: City Manager recommending approval of a Special Events Project format and several related changes to the Code of Ordinances, presented and read. Markham moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. An Ordinance Repealing City of Dubuque Code of Ordinances Section 6-96, Police Officers Employed at Dance Halls; repealing Section 6-98 relating to Police Supervision at Public Dances; and amending Section 6-99 relating to Conditions at Dance Halls, presented and read. OFFtCIAL PUBLICATION ORDINANCE NO. 61-01 AN ORDINANCE REPEALING CtTY OF DUBUQUE CODE OF ORDtNANCES SECTtON 6-96, POLICE OFFICERS EMPLOYED AT DANCE HALLS; REPEALING SECTtON 6.98 RELATING TO POLICE SUPERVISION AT PUBLIC DANCES; AND AMENDING SECTION 6-99 RELATING TO CONDITIONS AT DANCE HALLS. NOW, THEREFORE, BE iT ENACTED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. City of Dubuque Code of Ordinances is hereby amended by repealing Section 6-96 and Section 6-98. Section 2. City of Dubuque Code of Ordinances Section 6-99 is hereby amended to read as follows: Sec. 6-99. Cleanliness of premises; passage- ways to be unobstructed; vacation of premises: grounds; conduct of patrons. (a) All public dance halls shall be kept at all times in a clean and sanitary condition, and all stairways and other passages and all rooms connected with a dance hall shall be kept open and well-lighted. (b) The Chief of Police and all other pOlice officers of the City shall have the power to cause the place, hall or room where any dance or ball is held or given to be vacated whenever any disorder, which constitutes an imminent threat to the public safety, shall take place therein. (c) Disorderly or intoxicated persons shall not be penmitted to attend a public dance or remain in or about a public dance hall. Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 1" day of October, 2001. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 6th day of October, 2001. Jeanne F. Schneider, City Clerk 11 10/6 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. An Ordinance Requiring a Penmit for Certain Events on Private Property and Providing for the Application and Standards for the Issuance of Such a Permit, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 62-01 AN ORDINANCE REQUIRING A PERMIT FOR CERTAIN EVENTS ON PRIVATE PROPERTY AND PROVIDING FOR THE APPLICATION AND STANDARDS FOR THE ISSUANCE OF SUCH A PERMIT. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. City of Dubuque Code of Ordinances is hereby amended by adopting the following new Sections: Sec. 33.23. Permit Required for Events on Private Property. No person shall hold an event on private property when the person knows or reasonably should know that the event will substantially affect public health or safety or the peace and quiet of a neighborhood by reason of the number of persons attending such event, the use of outdoor music or amplified noise, and the likely effect on traffic and parking, without first obtaining a permit from the City Manager, which permit, when issued, shall be without charge, and shall state the time, manner and conditions of such event. This Section shall not apply to an event heid by a church or educational institution. Regular Session, October 1, 2001 337 . Sec. 33-24. Permit Application. (a) An application for a permit containing the information required herein shall be filed with the City Manager by a person holding such an event. Applications shall be made on forms prepared by the City Manager, and shall contain the information required herein. The City Manager shall have a reasonable time to grant or deny the permit. The length of time that is reasonable shall be determined by the type of use requested; the information supplied; the time of filing of the application; and the extent of advance preparation or planning demonstrated and reasonably required. (b) The City Manager shall grant or deny the permit, in writing, according to the standards set forth in Section 33-25 of this Chapter and shall provide the written decision to the applicant by regular mail or personal delivery. Sec. 33-25. Application Form. The application form for the event shall contain the following information: (1) Name and address of the applicant and the sponsoring organization, if any. (2) The type of event that is planned. (3) Proposed location or locations. (4) Expected size of group. (5) Date, time and expected length of use. (6) Names and addresses of the person or persons to be in charge of the proposed use at the specified location. (7) Names and addresses of any persons to be featured as entertainers or speakers. (8) List of mechanical or electronic equipment to be used. (g) Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. (10) Number and type of any animals to be used. (11) A description of any sound amplification to be used. Sec. 33-26. Standards for Issuance. The City Manager shall examine the application and shall grant or deny said permit based upon the following standards: (1) In light of the date and time of said proposed use, whether the use will unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area. (2) Whether the proposed use or activity is compatible with the normal activity of the neighborhood at the requested time and date. (3) Whether the application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, traffic control, parking requirements and any monitoring required to protect the public health and safety. . . (4) Whether the event will Interfere with another event for which a permit has already been granted. (5) Whether the proposed use would substantially interrupt the flow of street and/or pedestrian traffic. (6) Whether the use would require the excessive diversion of police from other duties or substantially interfere with the City's firefighting operations. Sec. 33-27. Revocation. After a permit is granted, In the event it is determined that the applicant has misstated any material fact in the application, or that there is a substantiai and material variance between the information in the application and the actual facts or those facts that appear reasonably to have occurred, the City Manager may review such application and revoke such permit if not in compliance with this Article. Such permit may also be revoked when it is determined by the Chief of Police that by reason of disaster, public calamity, riot or other emergency, the pubiic safety requires such revocation. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 1st day of October, 2001. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 6th day of October, 2001. Jeanne F. Schneider, City Clerk 11 10/6 Markham moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. I An Ordinance Amending City of Dubuque Code of Ordinances Section 33-46 Prohibited Noises, by adding a new Paragraph 13, Prohibiting Outdoor Music or Amplified Noise at Certain Times, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 63-01 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-46, PROHIBITED NOISES, BY ADDING A NEW PARAGRAPH 13, PROHIBITING OUTDOOR MUSIC OR AMPLIFIED NOISE AT CERTAIN TIMES. Section 1. City of Dubuque Code of Ordinances Section 33-46 is hereby amended by adding thereto the following new paragraph: Sec. 33-46. Prohibited Noises. Outdoor Music or Amplified Noise. The making or continuing to make any outdoor music or Regular Session, October 1, 2001 339 . that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 445-01 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2002 (PROGRAM YEAR 2001) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal Years 2001 and 2002; and Whereas, the City of Dubuque now desires to amend said Annual Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a public comment period beginning August 17, 2001; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on September 20, 2001, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2001 and 2002 are hereby rescinded and the balance of funds from these plans is incorporated into an Amended and Restated Fiscal Year 2002 (Program Year 2001) Annual Action Plan . Amendment 1 is attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2002 (Program Year 2001) Annual Action Plan - Amendment 1 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 1st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . Design for Expansion of Law Enforcement Center: Communication from the Historic Preservation Commission regarding the design for the expansion of the Law Enforcement Center, presented and read. Ciine moved that the communication be received and filed and that the letter from the Historic Preservation Commission be forwarded to the Dubuque County Board of Supervisors with the statement that the City Council agrees with their concerns. Seconded by Buol. Motion carried 7-0. Louise Lane Bridge - Weight Limits: City Manager recommending approval of weight limit changes for the Louise Lane Bridge, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending Section 32-185(a) of the City of Dubuque Code of Ordinances prohibiting heavy vehicles on certain bridges by modifying the weight limit on Louise Lane, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 65-01 AN ORDINANCE AMENDING SECTION 32- 185(a) OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROHIBITING HEAVY VEHICLES ON CERTAIN BRIDGES BY MODIFYING THE WEIGHT LIMIT ON LOUISE LANE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting from Subsection (a) of Section 32-185 as follows: (a) When signs are erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bridges: 18 TONS Louise Lane Bridge Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (a) of Section 32-185 as follows: (a) When signs are erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bridges: 10 TONS Louise Lane Bridge Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Teiegraph Herald newspaper this 6th day of October, 2001. Jeanne F. Schneider, City Clerk 1110/6 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. 340 COUNCIL MEMBER REPORTS Regular Session, October 1, 2001 Michalski praised the Fire Dept. for their great work at the recent fire on lower Main St. Duggan shared the news from Governor Vii sack that the National Guard will help with security at the Dubuque Regional Airport. Markham stated that they are reviewing applications for the position of Airport Manager and hopefully will finalize the process by the end of November. ITEMS TO BE SET FOR PUBLIC HEARING Fiscal Year 2002 Budget Amendment: City Manager recommending that a public hearing be set for October 15, 2001, to consider an amendment to the Fiscal Year 2002 budget, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 446-01 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2002 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend its Fiscal Year 2002 budget; and Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the City Clerk by and is hereby authorized and directed to publish notice of pUblic hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set the Public Hearing for 10/15/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. The Finley Hospital - Request to Vacate: City Manager recommending that a publiC hearing be set for October 15, 2001 to consider a request from The Finley Hospital to vacate an alley west of College Street and the southwest corner of West 5" Street and College Street, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 447-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY WEST OF COLLEGE STREET AND THE SOUTHWEST CORNER OF WEST FIFTH STREET AND COLLEGE STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 11, 2001, prepared by IIW Engineers & Surveyors, PC describing the proposed vacated alley west of College Street and the southwest corner of West Fifth Street and College Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the plat dated September 11, 2001, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1'1 day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. An Ordinance Vacating the alley west of College Street and the southwest corner of West Fifth Street and College Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 66-01 ORDINANCE VACATING THE ALLEY WEST OF COLLEGE STREET AND THE SOUTH- WEST CORNER OF WEST FIFTH STREET AND COLLEGE STREET Whereas, The Finley Hospital has requested the vacating of the alley west of College Street and the southwest corner of West Fifth Street and College Street; and Whereas; IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of an alley west of College Street and the southwest comer of West Fifth Street and College Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa; Regular Session, October 1, 2001 341 . Whereas, the City Council of the City of Dubuque, Iowa has detenmined that the alley west of College Street and the southwest corner of West Fifth Street and College Street is no longer required for public use, and vacating of said alley known as Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 6th day of October, 2001. Jeanne F. Schneider, City Clerk 11 10/6 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 448-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 7A AND 8A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE Whereas, The Finley Hospital has requested the vacating of an alley west of College Street and the southwest corner of West Fifth Street and COllege Street. Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated alley west of College Street and the southwest corner of West Fifth Street and College Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley west of College Street and the southwest corner of West Fifth Street and College Street is no longer required for pubiic use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . Section 1. That the City of Dubuque intends to dispose of its interest in Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Iowa to The Finley Hospitai be contingent upon the payment of $8,305.00, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 1" day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Michalski moved adoption of the Resoiution and set this for Public Hearing on 10/15101 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publiSh notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 8:03 Buol moved to go into Closed Session reo Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1 )Q)(c). Seconded by Nicholson. Motion carried 7-0. At 8:31 Council reconvened regular session stating that Staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 8:32 P.M. Isl Jeanne F. Schneider City Cierk 1t 10/10 342 Regular Session, October 1, 2001 Approved: ,d-e--C/?7C~A/ /? Adopted: ~x'.J!?4'C~A/ /-;7 Attest:/ W . .,.,..----' ~44~c;;??~/.-c. . ity Clerk -,.,_.."_."._._._~--_..,-_. 2001 2001 Special Session, October 8, 2001 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Special Session, October 8, 2001 Council met in Special Session at 5:15 P.M. in Conference Room "B" - City Hall Present: Mayor Duggan. Council Members Buol, Cline, Markham, Michalski, 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 acting upon such business as may properiy come before the City Council. City Manager recommending that a public hearing be set for October 15. 2001 to consider disposing of an interest in real property by sale and option to purchase to Ruscilli Development Co., Ltd. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 449-01 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY SALE AND OPTION TO PURCHASE TO RUSCILLI DEVELOPMENT CO., LTD. PURSUANT TO DEVELOPMENT AGREEMENT WITH RUSCILLI DEVELOPMENT CO., LTD. AND THE MCGRAW-HILL COMPANIES, INC. Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property), as shown on the Exhibit attached hereto consisting of 23.3 acres, more or less: and Whereas, City, Ruscilli Development Co., LTD. and The McGraw-Hili Companies, Inc. have entered into a Development Agreement, subject to the approval of the City Council. a copy of which is on file at the Office of the City Clerk. City Hall, 50 W. 13~ Street, Dubuque. Iowa pursuant to which City will sell and grant an option to purchase the Property to Ruscilli Development Co., LTD.; and Whereas, the City Council has tentatively detenmined that it would be in the best interests of the City to approve the Development Agreement, including conveyance of the Property to Ruscilli Development Co., L TD, NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing described Property to Ruscilli Development Co., LTD. . 343 Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on City's intent to dispose of the foregoing-described Property, to be held on the 15~ day of October, 2001, at 6:30 p.m. at the Camegie-Stout Public Library Auditorium, 360 W. 11~ Street, Dubuque. iowa. Passed, approved and adopted this 81h day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution and further set this matter for public hearing on 10/15/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. There being no further business, Nicholson moved to adjourn. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at 5:24 P.M. Isl Jeanne F. Schneider City Clerk 11 10/17 Approved: ~/..-o1%'b,t/ /? 2001 Adopted: ~~/4J(4f.e.-t/ / '7 2001 {(bU tA tliX.R Council Members Attest~44~/;r- S;;/~-Lf:;;U Clerk 344 Regular Session, October 15, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 15, 2001 Council Met at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Rev. Thomas Hannan, Director of the Dubuque Community Food Pantry. Proclamations: White Cane Safety Day (October 15, 2001) received by Shirley Conrad and Robert Nesler; Radiologic Technology Week (November 4 - 10, 2001) received by Rosie Hansen; and Red Ribbon Week received by Jesse Ernst of St. Patrick/St. Mary's School. CONSENT ITEMS Minutes Submitted: Airport Commission of 9/24; Civil Service Commission of 9/7; City Council Proceedings of 10/1 and 10/8; Historic Preservation Commission of 9120; Housing Code Appeals Board of 9/18; Human Rights Commission of 9/10 and 9/17; Long Range Planning Advisory Commission - Downtown Planning Committee of 9/10; Zoning Board of Adjustment of 9/27, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Proof of publication of City Council Proceedings of 9/4 and 9/17; and List of Claims and Summary of Revenues for month ending Aug ust 31, 2001, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. Substance Abuse Services Center Fiscal Year First Quarter Report, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Matt Bay in estimated amount of $100 for vehicle damage; David Cavanaugh in estimated amount of $100 for vehicle damage; Karen Buelow in estimated amount of $3,000 for personal injury; Dan Loney in estimated amount of $500 for property damage; Karen Ludovissy in estimated amount of $365.99 for vehicle damage; William Miller in estimated amount of $600 for personal injury; Vickie Mueller and Emily Mueller vs City of Dubuque and Loras College; George L. Rieder in estimated amount of $1,937.88 for vehicle damage, presented and read. Buol moved that the claims and suits be' referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Notice of Appeal from Notice of Appraisement of Damages by Edward and Joan Tschiggfrie in the matter of condemnation of rights in iand by the Iowa Department of Transportation, presented and read. Buol moved that the notice be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Karen Buelow for personal injury; Dan Loney for property damage; William Miller for personai injury; George Rieder for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending that the claims of Elizabeth Heiberg for property damage and Mark and Jamaica Heacock for property damage be denied, presented and read. Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Civil Service Commission: October 7, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Park Ranger was given on August 8, 2001. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. PARK RANGER Ryan Chatfield Daniel Henkels Jeffrey Imbus Thomas Meyers Michael Mulligan Rodney Ries Michael Rohner Clay Haan Jason Hoerner Kori Kaiser Tony Miller Robert Papenthien Richard Rink Chad Rowson Regular Session, October 15, 2001 345 . Troy Steines Melinda Walters Allen Witthoft Donald Shellenberger Clark Thelemann Kevin Weidemann Mark Younie Respectfully submitted, Isl Loras Kiuesner, Chairperson /sl Merle Duehr /s/ Richard Wertzberger Civil Service Commission Buoi moved that the above Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. Design and Bid Preparation Services for Riverwalk; City Manager recommending approval of a contract with URS-BRW to complete the design, pre-construction and construction review services for the balance of the riverwalk and amenities project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. . Iowa Department of Natural Resources: Communication from the Iowa Department of Natural Resources submitting the Industrial Pretreatment Compliance Inspection Report for the City's Water Pollution Control Piant, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Pinto Ridge - Final Piat: City Manager recommending approval of the finai plat of Pinto Ridge Subdivision, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 450-01 A RESOLUTION APPROVING THE FINAL PLAT OF PINTO RIDGE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Pinto Ridge Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final piat appears a street to be known as Pinto Ridge Court (Lot A), Seippel Road (Lot B) and Old Highway Road (Lot C) together with certain public utility and sewer easements, which the owners by said final plat have dedicated to the public forever: and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the dedication of Pinto Ridge Court (Lot A), Seippel Road (Lot B) and Old Highway Road (Lot C), together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the finai plat of Pinto Ridge Subdivision, is hereby approved and the Mayor and City Cierk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Pinto Ridge Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install a capped sanitary sewer main system, with service laterals into each lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (d) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said that Wayne and Lynn Stewart, as owners of said property, shall secure th'e performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41-164. The responsibility shall extend 346 Regular Session, October 15, 2001 to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Sidewalks along Old Highway Road will not be required untii curb and cutter has been installed along said roadway. Section 5. That the final acceptance of all public improvements shall occur upon certification of City Engineering to the City Council that all public Improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 8. That in the event Wayne and Lynn Stewart fail to execute the acceptance and furnish the guarantees provided in Section 3 hereof within 180 days alter the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 450-01 We, the undersigned, Wayne and Lynn Stewart, property owners, having read the terms and conditions of the Resolution No. 450-01, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 14th day of November, 2001. By; Isl Wayne Stewart By; Isl Lynn A. Stewart Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Riprow Valley - Land and Water Conservation Fund Grant Agreement City Manager recommending approval of a Land and Water Conservation Fund grant agreement with the Iowa Department of Natural Resources for the Riprow Valley Recreation Area project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. C.J. Bies Subdivision NO.2 - Final Plat The Zoning Advisory Commission recommending approval of the Final Plat of Lot A and Lots 1, 2, 3, 4, and 5 of C.J. Bies Subdivision No.2, along the east and west sides of Kebbie Drive, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 451-01 A RESOLUTION APROVING THE FINAL PLAT OF LOT A AND LOTS 1, 2, 3, 4, AND 5 OF C.J. BIES SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lot A and Lots 1, 2, 3, 4 and 5 of C.J. Bies Subdivision NO.2 in the City of Dubuque; and Whereas, upon said final plat appears a street known as Kebbie Drive (Lot A), which the owners by said final plat have dedicated to the public forever; and Whereas, said final plat has been reviewed by the Zoning Advisory Commission and had their approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; Whereas, said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Kebbie Drive (Lot A) and easement for storm sewer and public utilities as they appear upon said final plat be and the same Is hereby accepted; and Section 2. That the final plat of Lot A and Lots 1, 2, 3, 4 and 5 of C.J. Bies Subdivision No.2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing; a) To reduce Kebbie Drive cul-de-sac to grade and to hard surface with asphaltic concrete, in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b) To construct said improvements prior to one (1) year from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. Section 3. That the installation of sanitary sewer mains and sewer service laterals into each lot, water mains and water service laterals into each lot, all in accordance with the City of Dubuque Standard Specifications and City Codes, all in a manner acceptable to the City Engineer, and in accordance with improvement plans approved and inspected by the City Engineer, shall be the responsibility of the owner of each individual lot and shall extend to all successors, heirs and assignees. Section 4. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-161 Regular Session, October 15, 2001 347 . through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 5. That in the event the owners shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 451-01 I, Pamela A. Triolo, the undersigned, having read the terms and conditions of the Resolution No. 451-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 15~ day of October, 2001. By Pamela A. Trioio ACCEPTANCE OF RESOLUTION NO. 451-01 I, Roger G. Klauer, the undersigned, having read the terms and conditions of the Resolution No. 451-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 15th day of October, 2001. By: Roger G. Klauer ACCEPTANCE OF RESOLUTiON NO. 451-01 I, Kathleen M. Sullivan, the undersigned, having read the terms and conditions of the Resolution No. 451-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 15th day of October, 2001. By: Kathleen M. Sullivan Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0 . Project Concern Minibus Purchase of Service Agreement for Fiscal Year 2001: City Manager recommending approval of an amendment to the Project Concern Minibus Purchase of Service Agreement for Fiscal Year 2001, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. . Traffic Pre-Emption Vendor: City Manager recommending approval of 3-M Intelligent Transportations Systems as the vendor for the City of Dubuque's traffic pre-emption system, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Cornerstone Apartments - Right-of-Way Encroachment: City Manager recommending approval of an Irrevocable License for the Cornerstone Apartments (former Iowa Inn) to allow for two areas of encroachment Into the public right-of-way, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Cooper Wagon Works Right-of-Way Encroachment: City Manager recommending approval of an Irrevocable License for the Cooper Wagon Works Building to allow an encroachment into the public right-of-way to provide for handicap accessibility, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTtON NO. 452-01 NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the foilowing having compiied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. New Puff n Snuff Molo Oil Company 1101 Rhomberg Ave Main Street Popper Paui Bertsch 730 Main St Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 453-01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approvai and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to compiy with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 348 Regular Session, October 15, 2001 That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Molo Oil Company Puff n Snuff+ (Sunday Sale) 1101 Rhomberg Ave Passed, approved and adopted this 15th day of October Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 454-01 Whereas, applications for Liquor License have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERICAL) BEER/LIQUOR LICENSE DAMA Corp Rainbow Lounge+ (Sunday Sale) 36 W 4~ St Bierstube Ltd. Europa Haus Restaurant 1301 Rhomberg Tollbridge, LLC Tollbridge+ (Sunday Sale) 2800 Rhomberg Dog Gone, Inc. Dog House Lounge+ (Sunday/Outdoor) 1646 Asbury Rd Passed, approved' and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Interviews for the following Boards Commissions: TV Cable Regulatory Commission (2 Vacancies). Applicant: Michael Pratt. Mr. Pratt spoke requesting consideration for reappointment. Appointments to the following Boards / Commissions: Environmental Stewardship Advisory Commission (Two 3-year terms to expire 10/1/04): Applicants: Michaei J. Buelow, John S. Bennett, John Nemmers. Vote on the appointment was as follows: Buol voted for Buelow and Bennett. Cline voted for Bennett and Nemmers. Duggan voted for Buelow and Bennett. Markham voted for Buelow and Bennett. Michalski voted for Buelow and Bennett. Nichoison voted for Buelow and Bennett. Robbins voted for Buelow and Bennett. Therefore, Michaei J. Buelow and John S. Bennett reappointed to three year terms which will expire 10/1/04. Mechanical Code Board (Five Vacancies) Applicant: Todd Geisler (Pipefitter). Michalski moved that Todd Geisler be appointed to an unexpired three year term which will expire 3/16/03. Seconded by Robbins. Motion carried 7-0. Plumbing Board (Two Vacancies) Applicant: Dan Harris (At-Large). Michalski moved that Dan Harris be appointed to an unexpired three year term which will expire 11/2/03. Seconded by Nicholson. Motion carried 7-0. PUBLIC HEARiNGS Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by Robbins. Motion carried 7-0. 2727 DOdge Street - Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 2727 Dodge Street from C-2 Neighborhood Shopping Center District to C-3 General Commercial District at the request of Beverly Miller and Zoning Advisory Commission recommending that the City Council deny the request, and An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2727 Dodge Street from C-2 Neighborhood Shopping Center District to C-3 Generai Commercial District, presented and read. Robbins moved that the documents be received and filed and concur with the denial. Seconded by Nicholson. Motion carried 7-0. Herrig Real Estate - John F. Kennedy Circle: Proof of publication on notice of hearing to consider rezoning property located at the end of John F. Kennedy Circle from C-3 General Commercial to CS Commercial Service and Wholesale District at the request of Herrig Real Estate and Zoning Advisory Commission recommending approval of the request with conditions, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. Eldon Herrig spoke in favor of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of John F. Kennedy Circle from C-3 General Commercial Regular Session, October 15, 2001 349 . District to CS Commercial Service and Wholesale District, with conditions, presented and read. . OFFICIAL PUBLtCATION ORDINANCE NO. 67-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIB- ED PROPERTY LOCATED AT END OF JOHN F. KENNEDY CIRCLE FROM C-3 GENERAL COMMERCIAL DISTRICT TO CS COM- MERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3 General Commercial District to CS Commercial Service and Wholesale District with conditions described in the attached Memorandum of Agreement, to wit: Lot 3, Herrig's JFK Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE.oF ORDINANCE NO. 67-01 I, Eldon T. Herrig, representing Herrig Real Estate Development, having read the terms and conditions of the Ordinance No. 67-01 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 15th day of October, 2001. By: /s/ Eldon T. Herrig Published officially in the Telegraph Herald newspaper this 19th day of October, 2001. Jeanne F. Schneider, City Clerk 1t 10/19 Buoi moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. . 390 Mississippi View - Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 390 Mississippi View from R-1 Single-Family Residential District to R-2 Two-Family Residential District at the request of Mary Lee Marting and Zoning Advisory Commission recommending approval of the request, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. Mary Lee Marting, 360 Mississippi View, spoke in favor of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 390 Mississippi View from R-1 Single-Family Residential District to R-2 Two-Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 68-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- BED PROPERTY LOCATED AT 390 MISSISSIPPI VIEW FROM R-1 SINGLE- FAMILY RESIDNETIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to R-2 Two- Family Residential District, to wit: Lot 1 of 13, Lot 2 of 13, Lot 2 of 14 and Lot 1 of 14, Mississippi Heights No.2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Teiegraph Herald newspaper this 19th day of October, 2001. Jeanne F. Schneider, City Clerk 1\ 10/19 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to 350 Regular Session, October 15, 2001 the meeting at which it is to be finaliy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Fiscal Year 2002 Budget Amendment: Proof of publication on notice of hearing to consider an amendment to the Fiscal Year 2002 budget and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and fiied. Seconded by Nicholson. Motion carried 7-0. CITY BUDGET AMENDMENT AHD CERTIFICATION RESOl.UTION To the AudilClfof DUBUQue County,Iowa; The City Council of DUBuaUE in said CountylCounties met on Moodav October 15 .althe place and hoorsel in lhe nolice,a copy of which acc:ompanle& \tlis certillcateaod is ceI1ified IS to putJlIc:atlon. Upon laking up lhlI proposed amendment, it was a:w1lIidered and IallpayelS were heard fOf and ilQ8inst ""- The Council, aft8t hearing alllaxpayel1i wishing 10 be heard and considering the statements made by them. galle final consideration to the pwpsed amendme-nt{sJ 10 the budget and modiflClllion9 P/'OPO$GCI at \he hearing, if any. 1henlupon,ltIefollowingresotutionwaslnlroduced. RESOL.UTION No. 455-01 A RESOlUTION AM~OlNG THE CURRENT BLJOGer FOR THE FISCAL YEAR ENDING JUN! 30, 2002 tAS AMENDED LAST ON .J Be It Rnotved by the Councll of the City of OltBllOl JF Sedion ,. Following ootice pubIlahed and Ihe pubIlc hearing held. Mondav October 15 the current buclgQt {as previously amended) is amended as setOUl hereinanclinlhedetaifbyfundl)pe8ndadivilythalSupportslhisresolutionwl1iChwasconsideredatthalhearing: " 4 o 1195226 6760600 03847 1381166 5384293 16581499 858800 21948729 41387851 , ," . " ~ " 1 11 1 1 . I!'._dll..... & 0Ihar Fln.n"ina Usn " c_ .. ~..._...."OlMrs..wrc..Ov.. 47681009 Passedthil 15th dard ~/2'--z.(/~~...<.'QY Cil)'Cllll1l Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Regular Session, October 15, 2001 351 . The Finley Hospital - Request to Vacate: Proof of publication on notice of hearing to consider a request from The Finley Hospital to vacate an alley west of College Street and the southwest comer of West 5'h Street and College Street and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7- O. . RESOLUTION NO. 456-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 7A AND 8A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, pubiished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 5'h day of October, 2001, the City Council of the City of Dubuque, Iowa met on the 15th day of October, 2001, at 6:30 p,m, in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lots 7 A and 8A of Finley Home Addition in the City of Dubuque Whereas, the City Councii of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the saie of City of Dubuque real property described as Lots 7 A and 8A of Finley Home Addition in the City of Dubuque, Iowa to The Finiey Hospital be and the same is hereby approved for the sum of $8,305.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2, That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to The Finley Hospital upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 15'h day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0, . Comiskey Park Building Construction: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to S & S Construction, presented and read, Michalski moved that the proof and communication be received and filed. Seconded by Nicholson, Motion carried 7-0. RESOLUTION NO. 457-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 4th day of September, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the CONSTRUCTiON OF A NEW BUILDING iN COMISKEY PARK, WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was pubiished as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 15th day of October, 2001, Terrance M, Duggan, Mayor Atiest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resoiution, Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 458-01 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the CONSTRCTION OF A NEW BUILDiNG IN COMiSKEY PARK pursuant to Resoiution No. 394-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 7th day of September, 2001. WHEREAS, said sealed proposais were opened and read on the 5th day of October, 2001, and it has been determined that the bid of S & S CONSTRUCTION, in the amount of $363,363.00 was the lowest bid for the furnishings of all labor and materiais and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to S & S CONSTRUCTiON, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the compiete performance of the work. BE IT FURTHER RESOLVED: 352 Regular Session, October 15, 2001 That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 2001 Harbor Maintenance Dredging Project: Proofs of publication on notice of hearing on plans and speCifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Newt Marine Service in the amount of $78,880, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 459-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12'h day of September, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2001 Harbor Maintenance Dredging Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 15~ day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 460-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2001 Harbor Maintenance Dredging Project pursuant to a notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 21 st day of September, 2001. Whereas, said sealed proposals were opened and read on the 4th day of October, 2001, and it has been determined that the bid of Newt Marine Service of Dubuque, Iowa, in the amount of $78,880 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Newt Marine Service and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contracto~s bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15~ day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Manson Road Bridge Reconstruction Project: Proofs of publication on notice of hearing on plans and speCifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Taylor Construction Inc., in the amount of $785,074.83, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 461-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 12'h day of September, 2001, plans, specifications, form of contract and estimated cost were filed with the City Cieri< of Dubuque, iowa for the Manson Road Bridge Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 462-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Manson Road Regular Session, October 15, 2001 353 . Bridge Reconstruction pursuant to a notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 11th day of September, 2001. Whereas, said sealed proposais were opened and read on the 2nd day of October, 2001, and it has been deterrrined that the bid of Taylor Construction, Inc. of New Vienna, Iowa, in the amount of $785,074.83 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Taylor Construction Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 15th day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . Michalski questioned emergency access during construction. Ruscilli Development Co., Ltd.: Proof of publication on notice of public hearing to consider disposing of an interest in real property by sale and option to purchase to Ruscilli Development Co., Ltd., and City Manager recommending approval of the sale and option to purchase to Ruscilli Development Co., Ltd., presented and read. Cline moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 463-01 RESOLUTION APPROVING A DEVELOP- MENT AGREEMENT PROVIDING FOR THE SALE AND OPTION TO PURCHASE PROPERTY IN THE DUBUQUE INDUSTRIAL CENTER WEST IN THE CITY OF DUBUQUE, IOWA, TO RUSCILLI DEVELOPMENT CO., LTD. Whereas, this Council, by Resolution No. 449- 01 dated October 8, 2001, declared its intent to enter into a Development Agreement with Ruscilli Development Co., LTD. and the McGraw-Hili Companies, Inc. for the sale and option to purchase certain property in the Dubuque Industrial Center West in the City of Dubuque, Iowa, (the Property) described in the attached Development Agreement; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on October 15, 2001, at 6:30 p.m. at the Camewie-Stout Public Library Auditorium, 360 W. 11' Street, Dubuque, Iowa.: and Whereas, it Is the deterrrination of this Council that approval of the Development Agreement for the sale to and option to purchase by and development of the Property by Ruscilll Development Co., LTD. according to the terrrs and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and among the City of Dubuque, Ruscilli Development Co., LTD. and The McGraw-Hili Companies, Inc. and the sale of and option to purchase by Ruscilli Development Co., LTD. of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behaif of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Properly as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terrrs of the Development Agreement as herein approved. Passed, approved and adopted this 15'" day of October, 2001. Terrance M. Duggan. Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Mlchaiski. Motion carried 7-0. Kebbie Drive - Roger Klauer: Proof of publication on notice of hearing to consider rezoning property located along the east and west sides of Kebbie Drive from R-1 Single- Family Residential District to R-2 Two-Family Residential District at the request of Roger Klauer and Zoning Advisory Commission recommending approval of the request, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. Mr. Klauer spoke in favor of the requested rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kebbie Drive 354 Regular Session, October 15, 2001 from R-1 Single-Family Residential to R-2 Two- Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 69-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG KEBBIE DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO- FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described properly as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Section 2. The foregoing arnendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15'h day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 19~ day of October, 2001. Jeanne F. Schneider, City Clerk 1t 10/19 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Kebbie Drive - Request to Vacate (Tabled at Meeting of October 1, 2001): Cline moved to remove the following from the table. Seconded by Nicholson. Motion carried 7-0. Proof of pUblication on notice of public hearing and City Manager recommending to dispose of City-owned properly to Roger Klauer and recommending modification of the Memorandum of Agreement regarding limited access to Century Drive for properly rezoned to C-3, communication of Roger F. Klauer requesting clarification of the Mernorandum of Agreement of C-3 zoned properly in C.J. Bies Subdivision, and communication from the Zoning Advisory Commission regarding the condition of limited access to Century Drive from the commercial properly and offering to review the issue at their next meeting, presented and read. Nicholson moved that the proof and communications be received and filed and recommendation of the City Manager be approved. Seconded by Buoi. Carried by the following vote: Yeas-Buol, Duggan, Markham Michalski, Nicholson, Robbins. Nays-Cline. RESOLUTION NO, 464-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF BLOCK 3 C,J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C,J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 21" day of September, 2001, the City Council of the City of Dubuque, iowa met on the 1" and 15'h day of October, 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposai for the sale of real estate described as: Lot 4A of Biock 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real properly described as Lot 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa to Julie A. and Rick J. Hardorff be and the same is hereby approved for the sum of $664.00. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be and the same is hereby approved for the sum of $18,553.00, plus the cost of pubiication, platting, and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown in the Plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bias Subdivision. Section 4. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the Regular Session, October 15, 2001 355 . City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Pamela A. Triolo. Roger G. Klauer, and Kathleen M. Sullivan and Julie A. and Rick J. Hardorff upon receipt of the purchase price in full. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted 15'h day of October, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Buol. Carried by the following vote: Yeas-Buol, Duggan, Markham. Michalski, Nicholson, Robbins. Nays-Cline. Buol moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS . The River's Edge Plaza: Dubuque Main Street, LId recognizing The River's Edge Plaza as the Best Public Improvement Project for 2000 - 2001. presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. N. J. Yiannias - Request to Address Council: Communication of N. J. Yiannias requesting to address the City Council regarding his request to vacate Congress Circle, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0 Mr. Yiannis spoke requesting a fair deal as to the sale price of the property. Direction was given to work with Staff and complete an appraisal of the property. COUNCIL MEMBER REPORTS Duggan invited concerned community citizens to a meeting hosted by Dubuque365 on Saturday, 10/20/01, from 9:00 to 11:00 A.M. at Irving School where Dubuque community efforts for assistance in the 9/11/01 tragedies will be discussed and considered. Markham stated he Is going to Washington DC soon and will talk to the Legisiators, and also that Airport officials are arranging a meeting in February with Legislators in the near future. . At 7:55 P.M. Buol moved to go into Closed Session: Collective Bargaining Strategy - Iowa Code Chapter 20.17(3). Seconded by Michalski. Motion carried 7-0. At 8:01 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:02 P.M. /s/ Jeanne F. Schneider City Clerk 2001 2001 1:'/ ~~/k ~/