Loading...
Printed Proceedings Dec 2000Reqular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 4, 2000, Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol (via conference phone call), Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry IJndahl. 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 Reverend }<ds Kincaid, Pastor, Our Redeemer Lutheran Church. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/7; Cable TV Regulatory Commission of 11/8; CMl Service Commission of 10/26; City Council Proceedings of 11/20; Five F~ags Commission of 10/16; Historic Preservation Commission of 11/16; Housing Commission of 11/14; Investment Oversight Commission of 10/26; Park and Recreation Commission of 11/14; Plumbing Board cf 11/16; Transit Board of 11/9; Zoning Advisory Commission of 11/1; Zoning Board of Adjustment of 11/14, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 7-0. Proof of Publication for Council Proceedings of 10/24, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carded 7-0. Notice of Claims/Suits: Key Apartments West in estimated amount of $335.61 for property damage; Patti Schilling in estimated amount of $25.00 for property damage; Terryl Stewart vs City of Dubuque, presented and read. Buol moved that the claims and suits December 4, 2000 /*69 be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Grace M. Brade for )ersonal injury;, Ged Ryan for personal injury; Kdsten L Smith for personal Injury and vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred with the recommendations. Seconded by Nicholson. Motion carried 7-0. Fair Housing Analysis Consultant Contract: City Manager recommending approval of a contract for consultant services to pertorm a Fair Housing Analysis of the City as required by the U.S. Department of Housing and Urban Development, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION N©. 576-00 A RESOLUTION APPROVING THE SELECTION OF A CONSULTANT TO PREPARE A FAIR HOUSING ANALYSIS OF THE CITY OF DUBUQUE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID ANALYSIS Whereas, the City of Dubuque, Iowa is required by the U.S. Department of Housing and Urban Development to complete a Fair Housing Analysis; and Whereas, the City of Dubuque, Iowa, as part of the overall Community Development Block Grant program, is interested in identifying impediments or barriers to fair housing in our community; and Whereas, a Request for Proposals solicited consultant services to prepare the Fair Housing Analysis; and Whereas, the John Marshall Law School Fair Housing Legal Suppor~ Center is recommended to complete the Fair Housing Analysis. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the selection of The John Marshall Law School Fair Housing Legal Support Center as the consultant to prepare e Fair Housing Analysis of the city of Dubuque is hereby approved. 470 Regular Session, December 4, 2000 Section 2. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, a contract with The John Marshall Law School Fair Housing Legal Support Center for consultant sauces not to exceed $15,000.00. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Recommendation for New Telephone System for City Buildings: City Manager recommending approval of a contract with Midland Communications, Inc, for a new City of Dubuque telephone system, presented and read. Markham moved to accept the recommendation as suggested. Seconded by Michalski. Carded bythe following vote: Yeas-Markham, Michaiski, Nicholson, Robbins, Buo[, Cline. Nays-Duggan. Cindy Parker of McLeod USA spoke objecting to the contract as presented and stressed McLecd's proximity and their abil~ to provide similar product, etc. Cable Franchise Administrator Merd[I Crawford explained the lengthy process involved in presenting the committee's and the consultant's recommendation. AIDS Preventative Health Program Contract: City Manager recommending approval of a contract with the Iowa Department of Public Health for the local AIDS Preventative Health Program through September, 2001, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 577-00 A RESOLUTION APPROVING THE AIDS PREVENTATIVE HEALTH CONTRACT BETWEEN THE IOWA DEPARTMENT OF PUBLIC HEALTH AND THE CITY OF DUBUQUE, IOWA AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM, Whereas, the Iowa Department of Public Health has offered to provide financial support for local AIDS Preventative Health and Education Programs in the City of Dubuque; and Whereas, the City of Dubuque desires to establish and maintain such local AIDS Preventative Health and Education Programs; and Whereas, the Iowa Department of Public Health has presented the City Health Services DMsion a proposed contract amendment for continued funding, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached AIDS Preventative Health Contract between the Iowa Department of Public Health and the City of Dubuque, Iowa. Section 2. The City Manager is hereby authorized and directed to execute said contracts on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Dubuque Racing Association Fiscal Year 2001 ClP Schedule: City Manager recommending approval of the Dubuque Racing Association's Capital Improvement Project schedule for Fiscal Year 2001, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. State Historical Society of Iowa Grant: Communication from the State Histadcal Society of Iowa advising that the City has been approved for a Certified Local Government (CLG) Grant in the amount of $7,500 for a 'Design Review Guidelines Booklet," presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. Citizen Communication Tara Winger: Communication of Tara Winger to Governor, Congressman Jim Nussle, etc., presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. County Board of Health: Reqular Session, Deceml:ler 4i 2000 471 Communication from Dubuque County Board of Supervisors advising that all of the positions on the Board of Health are currently filled, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. November 21, 2000 Honorable Mayor and Members of the City Council in accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Assistant Planner was given on October 16, 2000. We hereby certify that the following individuals have passed this wdtten examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Gregory W. Beck Amanda C. Brennan Joshua C. Barbee Wally C. Wernimont Mark A. Gesaner Dawn M. Kubik Respectfully submitted, /s/Lores J. Kluesner, Chairperson /s/Merle Duehr Civil Service Commission November 21, 2000 Honorable Mayor and Members of the City Council in accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Mechanic was given on September 29, 2000. We hereby certify that the following individuals have passed this wr'r[ten examination and filling the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Kenneth Jaeger Gregory J. Lahey Richard R. Hoffmann John M. Greenwood Roger E. Simon Charles B. Klein Paul A. Herman Duane J. Ernster Ralph R. Delaney Toby J. Ryan Peter G. Kruschke Andrew b Makovec George E. AJlinger Brad T. Herdg Gerald H. Dean Tom A. Horstman Todd M. Pdest Jason R. Pfoh[ Kevin M. Vaughn Kevin M. Pike Timothy F. Hubanks Steve J. Baumhover Randall J. Lester Joseph L. Steines Jody G. Crew Steve H. Siefker David R. Apel Larry P. Hoppmann Eugene F. Schmitt, Jr. Respectfully submitted, /s/Loras J. Kluesner, Chairperson /si Mede Duehr CMl Service Commission Buol moved that the above Civil Service certifica'dons be made a matter of record. Seconded by Nicholson. Motion carded 7-0. Technology Park Maintenance - Acceptance: City Manager recommending acceptance of the Technology Park Maintenance project in the final amount of $28,607.57, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 578-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Technology Park Maintenance Project has been completed and the City Manager has examined the work and filed his cedJficata 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 budgeted contingency funds for the Technology Park in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 4th day of December, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 579-00 FINAL ESTIMATE Whereas, the contract for the Technology Park Maintenance 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 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 472 Regular Session, December 4, 2000 improvement is hereby determined to be $29,179.72 and the said amount shall be paid from budgeted contingency funds for the Technology Park of the City of Dubuque, Iowa. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Rsso[ution. Seconded by Nicholson. Motion carded 7-0. Fire Department - Captain Position: City Manager recommending that the Captain's position in the Fire Marshal's Office be eliminated and that a Firefighter position be created and assigned to Division 2, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 7-0. Community Indicators for Success: Communication from the Long Range Planning Advisory Commission providing a recommended list of Community Indicators for Success as a par~ of the 2000 Update of the Comprehensive Plan, presented and read. Buol moved that the communication be received and flied; Seconded by Nicholson. Motion carded 7-0. Community Development Advisory Commission: Letter of support from the Community Development Advisory Commission for the Downtown Planning Process, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2001 Community Development Block Grant Program Amendment: City Manager recommending approval of changes to the City's Community Development Block Grant Fiscal Year 2001 Annual Action Plan, presented and read. moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 580-00 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2001 (PROGRAM YEAR 2000) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque prepared and tiled Annual Ac'don Plans for Fiscal Years 2000 and 2001; and Whereas, the City of Dubuque now desires to amend said Annual PJans 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 pedod beginning October 18, 2000; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on November 21, 2000, 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 2000 and 2001 are hereby rescinded and the balance of funds from these plans is incorporated into an Amended and Restated Fiscal Year 2001 (Program Year 2000) Annual Action Plan - Amendment 2 is attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2001 ( Program Year 2000) Annual Action Plan - Amendment 2 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 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Consulting and Actuarial Services Agreement with The Sega Company: City Manager recommending approval of a Consulting and Actuarial Services Agreement with The Sega] Company for Fiscal Year 2001, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion Reqular Session, carded 7-0. Delinquent Garbage and Refuse Collection Accounts: City Manager recommending submission of the delinquent garbage and refuse collection accounts to the Dubuque County Treasurer for collection of past due accounts, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 581-00 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WiTH SECTION 40-37 AND 40-38 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa, is mandatory;, and Whereas, as of December 31'~, of each year, delinquent garbage and refuse collection charges shall be ce~fled by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section I. That the persons named hereinunder, owning the property thereby set foKh, are delinquent in the payment of refuse collection PROPERTY DESCRIPTION AMOUNT Gan/Bernhard 1110 Roosevelt St Lot 4 Wersinger Sub $261.07 Mark Krolich 743 Louise St Lots 74 & 75 Maple Leaf Add ~ $255.64 Michael J. Schetgen 3922 [nwood Ave. Lot 53 & 54 ONeills North Dub Add $291.62 Michael Gerdemann 3567 Crescent Ridge Lot 19 Dub Homes Center Grove PI #2 $ 79.07 J Foht 723 Peru Rd Lot 20 Maple Leaf Add #2 $261.14 Ricky J Hurst 3975 Inwood Ave. Lot 39 & 40 ONeills North Dub Add $261.20 Gary Bernhard 1100 Roosevelt St Lot 4 Wersinger Sub $261.14 Vincent Ehdich 333 Olympic Heights Rd Lot 9 Bik 1 Olympic Hgt December 4, 2000 473 $314.88 Robert Beau No ID at County Court House 1030 Roosevelt St $ 97.09 Section 2. That the City clerk be and is hereby ordered and directed to cert~ to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general properb/ taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 4~ day of December 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adop~on of the Resolution. Seconded by Nicholson. Motion carded 7-0. Delinquent Water Connection Fee: City . Manager recommending submission of the delinquent water connection fees to the Dubuque County Treasurer for collection of past due accounts, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 582-00 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT WATER CONNECTION CHARGES IN ACCORDANCE WITH SECTION 44- 151-B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-151-B of the Code of Ordinances authodLzes the City to levy and collect water connection fees for property footage that is adjacent to the water main according to the prevailing front footage fee. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the person hereinafter named, owning the following descdbed property, has unpaid water connection fees in the amount set out and that said fees are delinquent. NAMF AND ADDRES,~ PROPERTY DESCRIPTION AMOUNT Roger Weekley Lot 1 of 6, Mineral Lot 501 $1 t 15.18 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Regular Session Dubuque County, Iowa, that the person named herein is delinquent in the payment of water connection fees in the amount set forth above and that said delinquent water connection fees shall be collected in the same manner as general property taxes against the respective property set opposite the name of the property owner. Section 3. That the delinquent water connection fee shall be collected with, and in the same manner, as general property taxes as provided by law. Passed, approved and adopted this 4"' day of December 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion ca~ed 7-0. Delinquent Sewer Charges: City Manager recommending submission of delinquent sewer charges to the Dubuque County Treasurer for collection of past due accounts, presented and read. Buol.moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 583-80 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WR'H SECTION 44-83 AND 44-86 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, Section 44-83 of the Code of Ordinances autho~es the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system; and Whereas, Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real proped:y served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be certified as December 31" of each year by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1~ That the persons hereinafter named, owning the following described property, have unpaid sewer charges in the amount December 4, 2000 set out and that said charges are delinquent. NAME AND ADDRESS AMOUNT Michael J. Schetgen 3922 Inwood Av Lot 53 & 54 ONeills North Dub Add $491.21 Michael Gerdemann 3567 Crescent Ridge Lot 10 Dub Homes Center Grove PI ~2 $163.06 J Foht 723 Peru Rd Lot 20 Maple Leaf Add ~2 $605.55 Ricky J Hurst 3975 Inwood Av Lot 39 & 40 ONeills North Dub Add $605.69 Gary Bernhard 1100 Roosevelt St Lot 4 Wersinger Sub $605.55 Vincent Ehrlich 333 Olympic Heights Rd Lot 9 BIk 1 Olympic Heights $846.17 Robert Beau No ID at County Court House 1030 Roosevelt St $109.32 Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer charges shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with, and in the same manner as, general property taxes as provided by law. Passed, approved and adopted this 4~ day of December 2000. Terranoe M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Designated Agents to Execute Checks on Behalf of the City of Dubuque: City Manager recommending that Health Choices, Inc. be authorized to issue checks and drafts for the City's health account and flexible spending account, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 584-80 RESOLUTION AUTHORIZING CERTAIN DESIGNATED AGENTS OF THE CITY OF DUBUQUE LIMITED AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY Regular Session, December 4, 2000 475 OF DUBUQUE, IOWA Whereas, the City of Dubuque deposits certain funds for specific use in local commercial banking institutions; and Whereas, the commercial banking instYc~fions require authorization by the City Council for City employees and others to sign checks and drafts drawn on such banking institutions; and Whereas, the City Council has determined that agents of the City of Dubuque who may sign checks and drafts drawn on designated accounts on behalf of the City of Dubuque are the Health Choices, inc. authorized check signers for checks issued for the City of Dubuque Health Account drawn on account number 2819000163 and the City of Dubuque Flex Account drawn on account number 2819001153 at Firstar Bank in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Health Choices, Inc. authorized check signers are hereby granted ability to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Health Account drawn on account number 2819000163 at Firstar Bank in Dubuque. That the Health Choices, Inc. authorized check signers are hereby granted abi]~ to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Flex Account drawn on account number 2819001153 et Firstar Bank in Dubuque. Passed, approved and adopted this 4TM day of December, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Authorized Depository In~tutions: City Manager recommending that Liberty Bank be named as an authorized depository institution for the City of Dubuque, presented and read. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 585-00 RESOLUTION NAMING DEPOSITORIES RESOLVED, that the City Council of the City of Dubuque, Iowa in Dubuque County, Iowa, approves the following list of financial institutions to be depositories of the City of Dubuque, Iowa funds in conformance with applicable provisions of Iowa code Chapter 453.2. The City Treasurer is hereby authorized to deposit the City of Dubuque, iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depository Name Location of Home Office Maxfmum Balance Amedcan Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 Firstar Bank N.A. Milwaukee, Wisconsin $10,000,000 Dupaco Community Credit Union Dubuque, iowa $10,000,000 Premier Bank Dubuque, Iowa $10,000,000 East Dubuque Savings Bank East Dubuque, Illinois $10,000,000 Liberty Bank Des Moines, iowa $10,000,000 CERTIFICATION. [ hereby certify that the foregoing is a true and correct copy of a resolution of the City Council of Dubuque, Iowa adopted at a meeting of said public body, duly called and held on the 4~ day of December, 2000 a quorum being present, as said resolution remains a record in the minutes of said meeting, and it is now in full force and effect. Dated this 4~ day of December, 2000. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Business License Refund: Buo] moved that the Cigarette License refund to Mulgrew Oil Company in the amount of $50.00 be received and filed and concurred with recommendation to approve the refund. Seconded by Nichoison. Motion carried 7-0. Business Licenses: RESOLUTION NO. 586-00 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 tiled proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 476 Regular Session December4, 2000 OF THE CITY OF DUBUQUE, IOWA: That the Manager be author[zed to cause to be issued the following named applicants a Beer Permit CLASS "C' BEER PERMIT Iowa Oil Company lOGO+ (Sunday Sale) 2150 Twin Valley Dr Passed, approved and adopted this 4th day December, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 587-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laves and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'C"( COMMERCIAL) BEER/LIQUOR LICENSE Bowling & Beyond Dubuque Inc Bowling & Beyond Dubuque+ (Sunday/Outdoor Sale) 1860 Hawthorne Pamela Barry Arensdorf Instant Replay+(Sunday Sale) 1602 Central Ave Moracco, Inc. The Moracco+ (Sunday Sale) 1413 Rockdale Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded BOARDS/COMMISSIONS: Applicants were invited to address the Council to express their desire to serve on the following Boards/Commissions: HUMAN RIGHTS COMMISSION: Raydora Drummer, Judith Haley G[esen, Joseph Hopkins, Evelyn Jackson. Raydora Drummer, Judith Haley Giesen, and Evelyn Jackson all spoke requesting reappointment to the Commission. Appointment to the following Commission: HOUSING COMMISSION (Section 8) (One Vacancy): Applicants: Jeremy Austin, Kris Erickson, Joe Hopkins, Denise Miller, John Plein. Vote on the appointment was as follows: Duggan voted for Miller. Markham voted for Edckson. Michalski voted for Miller. Nicholson voted for Miller· Robbins voted for Miller. Buol voted for Miller. Cline voted for Miller. Therefore, Denise Miller appointed to an unexpired three year term on the Housing Commission representing Section 8 which will expire 8-17-03. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire· Seconded by Robbins. Motion carded 7-0. Barge Fleeting: City Manager submitting three proposals received from Ar[co Fleeting for barge fleeting and requesting fur[her direction, Communication from the Mississippi River Walleye Club in opposition to barge fleeting within the Dubuque City limits, presented and read. Michalski moved to receive and filed the communications. Seconded by Nicholson. Motion carded 7-0. Bill Brosnahan and Len Smith of the Walleye Club spoke stating they don't want barge fleeting anywhere within the City limits. Wayne Buckholz spoke against the Riprow Valley site. Matt Hartley spoke stating that elimination of barge fleeting will affect industry as this is a working dver town. Del Uh[dch, of Peavey Co., spoke stating that moving the barge fleeting out of town will hurt business. Jerry Abing Spoke stating that there should be caution against barge fleeting and consideration given to the recreational dollars. Howard Higley of 800 Southern Ave., spoke stressing the hazards of the protruding Water Pollution Control Plant pipes in the Riprow Valley site and stated the river is not deep enough in that area. Regina Thibeau spoke stating they need more time to get information relative to the Riprow Valley site. Brent Nissan Of Ar[co, spoke and requested that this be put on hold to look at the site(s). Cline moved to eliminate City Island from the discussion. Seconded by Robbins. Carried by the following vote: Yeas--Buol, Cline, Duggan, Markham, Robbins. Nays-Nicholson, Michalski. Regular Session, December 4, 2000 477 Cfine moved to set a Public Heating on 1/15/01 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 MichalskL Motion carried 7-0. Request to Vacate Lloyd Gudenkauf: Ctty Manager recommending that the City dispose of interest and vacate a utility easement over Lot 1 Block 4 of Patdcia Ann Acres to Lloyd Gudenkauf, presented and read. Robbins moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. Nichoison was out of the room at the time of the vota. RESOLUTION NO. 588-00 RESOLUTION DISPOSING OF INTEREST AND VACATE A 10-FOOT WIDE UTILITY EASEMENT OVER LOT I BLOCK 4 PATRICIA ANN ACRES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pubfished 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 24th day cf November, 2000, the City Council of the City of Dubuque, Iowa met on the 4th day of December, 2000, at 6:30 p.m. [n the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, iowa to consider the proposal for the release of resl estate described A 10-foot wide utility easement on Lot 1 Block 4 Patricia Ann Acres in the City of Dubuque, Iowa, as shown on the attached Exhibit A Whereas, the City Councfl of the City cf Dubuque, iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real property described as a 10-foot wide utility easement on Lot 1 Block 4 Patricia Ann Acres in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authodzed and directed to execute a Releese of Easement, and the City Clerk be and is hereby authorized and i directed to deliver said Release to Lloyd S. Gudenkauf, upon receipt of the above fees. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 4th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Markham. Motion carried 6-0. Nicholson was out of the room dudng vote. Residential Parking Permit Distdct - Senior High School Area: City Manager recommending approval of an amendment to Residential Parking Permit Distdct 'C' to include portions of North GrancMew Avenue and Rosedale Street;, Communication of Joe Link and Jane Petrek of the Dubuque Community School System requesting that this be tabled; an Ordinance Amending Section 32-362 of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking, by deleting certain portions of Grandview Avenue and Rosedale Street, and an Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by adding portions of North GrancMew Avenue and Rosedale Street to Subsection (a) of Section 32-395 thereof establishing Residential Parking Permit District "C," ~resented and read. Nicholson moved that this matter be tabled. Seconded by Markham. Motion carried 7-0. Nicholson moved that the rule be reinstated limiting the discussion to the Council. Seconded by Michaiski. Motion carded 7-0. ACTIONITEMS Joint Work Session with County Board of Supervisors: Historic Preservation Commission requesting that the City Council hold a joint session with the Dubuque County Board of Supervisors to discuss ~reservation of the Buettell Brothers Building at 821-845 Central Avenue; Copy of communication from Historic Preservation Commission to the Dubuque County Board of Supervisors, ~resented and read. Cline moved to have staff try to schedule a Work Session With a quorum of the City 478 Regular Session, December 4, 2000 Council and County Board of Supervisors and no less than the Chair of the Historic Preservation Commission. Seconded by Michalski. Carded by the following vote: Yeas-- Duggan, Michalski, Nicholson, C[ine. Nays-Markham, Robbins, BuoL Hawthorne Street No Parking Zone: City Manager recommending adoption of an ordinance prohib~ng truck or trailer paddng on a portion of the north side of Hawthorne Street, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances by adding a new Section 32-267.2 providing for the establishment of parking restrictions for trucks or trailers on designated streets or portions thereof and adding certain portions of Hawthorne Street, presented and read. (OFFICIAL PUBLICA:I'ION) ORDINANCE NO. 104-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 32-267.2 PROVIDING FOR THE ESTABUSHMENT OF PARKING RESTRICTIONS FOR TRUCKS OR TRAILERS ON DESIGNATED STREETS OR PORTIONS THEREOF AND ADDING CERTAIN PORTIONS OF HA~rI'HORNE STREET 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 adding the following new Section 32-267.2 thereof as follows: 'Sec. 32-267.2 "Parking Restriction for Trucks and Trailers on Designated Streets or Portions Thereof." Where spaces have been designated by signs or markings for 'No Truck or Trailer Parking", it shall be unlawful for the operator of any such vehicle to stop, stand or park in the following areas: Hawthorne Street, north side, from the railroad tracks to a point forty (40) feet east of Kerper Boulevard. Passed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Section 32- 252(d) of the City of Dubuque Code of Ordinances prohibiting parMng on designated streets or portions thereof by deleting Hawthorne Street. )resented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 105-00 AN ORDINANCE AMENDING SECTION 32-262 (D) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING HAWTHORNE STREET NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by deleting from Subsection (d) of Section 32-262 the following: Hawthorne Street, north side, from Rhomberg Avenue to Kerper Boulevard. Passed, approved and adopted this 4th day of December, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. Historic Preservation Ordinance Update: Communication from the Historic Preservation Commission/Preservation Task Force Re.qu ar Sess on, December 4, 2000 479 regarding the Histodc Preservation Ordinance Update and requesting a work session with Council and communication from the Community Development Advisory Commission supporting the proposed changes to the Histodc Preservation Ordinance, presented and read. Michalski moved that the communication be received and filed and scheduled a work session from 5:00 to 6:30 P.M. on 1/2/01. Seconded by Nicholson. Motion carded 7-0. At 8:43 P.M., Michalski moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c). Seconded by Nicholson. Motion carried 7-0. At 8:54 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carded 7-0. The meeting adjourned at 8:55 P.M. /s/Jeanne F. Schneider City Clerk Approved ,2001 Adopted .,2001 Mayor Council Members Attest: City Clerk 481 Regular Session, December 18, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 18, 2000 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, MichalskJ, Nicholson, Robbins, City Manager Michael Van Milligen, Corporafion Counse~ Barry LindahL Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may propedy come before the City Council. Invocation was given by Reverend Grog Bjornstad, Chaplain. of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11114; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30, presented and read. Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carded 7-0. Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicho~son. Motion carded 7-0. Finance Director submitting the Financial Report for the month ending November 30, 2000, presented and read. Buo] moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Official Council Proceedings of October, 2000, presented and read. Buol moved that the proceedings be approved as pdnted. Seconded by Robbins. Motion carded 7-0. Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in ssfimatad amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit;, and Sliver Dollar Cantina in estimated amount of $1,479.02 for loss of business, )resentad and read. Buol moved that the claims and suits be referred to the Legal Staff for invesfigafion and report. Seconded by Robbins. Motion carried Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15; the property damage claim of Key Apartments West in the amount of $335~61; and the property damage claim of Patti Schilling in the amount of $25.00, presented and read. Buol moved that the communications be received and filed and directed Finance Director to issue payments. Seconded by Robbins. Motion carried 7-0. Appointments to the Owner- Occupied Affordable Housing Committee: City Manager recommending the appointment of LJnda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Seconded by Robbins. Motion carried 7-0. Final Acceptance of Charitable Land Donation from Cad and Mary Ann Burbach: City Manager recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 590-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 Whereas, Car J. Burbach Regular Session, December 18, 2000 482 Declaration of Trust dated January 24, 1995 desires to make a gift of the follow~ng described real property to the City of Dubuque: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa And Whereas, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Cad J. Burbach Declaration of Trust dated January 24, 1995, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adop~en of the resolution. Seconded by Robbins. Motion carded 7-0. Citizen Petition for Residenfial Parking Permit District: Pe~Jon from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District, presented and read. Buol moved that the pecan be referred to the City Manager. Seconded by Robbins. Motion carded 7-0. Ce~fied Local Government Report to State Histodc Preservation Office: City Manager submitting the 2000 Certified Local Government Annual Report, presented and read. Buol moved that the communication and report be received and filed. Seconded by Robbins. Motion carded 7-0. Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No. 3, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins, Motion carded 7-0. RESOLUTION NO. 591-00 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT I OF 1 AND LOT 2 OF 1, A DIVISION OF LOT I OF JAEGER HEIGHTS SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, a Division of Lot 1 of Jaeger Heights SubdMsion, No. 3, in the City of Dubuque, Iowa; and Whereas, said plat of survey provides 31.13 feet of frontage and 5,008 square feet of lot area for Lot 1 of 1 and 28.98 feet of frontage and 5,008 square feet of lot area for Lot 2 of 1, where 60 feet of frontage and 6,000 square feet ef lot area are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission its approval endorsed thereon subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1, and Whereas, said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY QF DUBUQUE, iOWA: Section 1. That Section 42-19(b) of the SubdMsion Regulations is waived to allow Lot 1 of 1 to have 31.13 feet of frontage and 5,008 square feet of lot area, and Lot 2 of 1 to have 28.98 feet of frontage and 5,008 square feet of lot area, where 60 feet of frontage and 6,000 square feet of lot area are required. Section 2. That approval of this plat of survey of Lot 1 of 1 and Lot 2 of 1, a division of Lot I of Jaeger Heights Subdivision No. 3 is subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1, and that said prohibition is noted on the plat of survey. Section 3. That the plat of survey of Lot 1 of 1 and 2 of 1, a division of Lot 1 of Jaeger Heights Subdivision No. 3 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 plat of survey. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 591-00 We, William Frye and Mike Lightfoot, the undersigned, having read the terms and conditions of the Resolution No. 591-00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 30th day of December, 2000. By/s/Mike Lightfoot 483 Regular Session, December 18, 2000 By/s/William Frye Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreaflonal Trails Grant application to IDOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 592-00 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF TRANSPORTATION RECREATIONAL TRAILS FUNDS FOR THE HERITAGE TRAIL EXTENSION PROJECT: HERON POND TO PYATIGORSK PARK Whereas, the Iowa Department of Transportation has Recreational Trails funds available to deyelop City recreational trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfmnt 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 Recreational Trails funds to the IDOT for the Herr[age Trail Extension Project: Heron Pond to Pyatigorsk Park 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. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. 2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 593-00 ACCEPTING IMPROVEMENT Whereas, the contract for the 2001 Asphalt Paving Project- Fiscal Year 2001 has been completed and the City Manager has examined the work and flied 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 Road Use Tax Funds, the Sales Tax Fund, the General Fund, the DRA Distribution, and the Parking Construcflon Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resoluflon. Seconded by Robbies. Motion carded 7-0. RESOLUTION NO. 594-00 FINAL ESTIMATE Whereas, the contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secflon 1. That the cost of said improvement is hereby determined to be $500,508.37 and the said amount shall be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the DRA Distribution, and the Parking Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 18t~ day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schne der, CtyCerk Regular Session, December 18j. 21300 484 Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Wiltiam M. Btack, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65, presented and read Buo~ moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 595-00 ACCEPTING IMPROVEMENT Whereas, the contract for the W~lllam M. Black Steamboat Restoration Project- Phase I has been completed and the City Manager has examined the work and tiled his ceffdficate 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, IOW.~ Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant in amount equal to the amount of this contract. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, CKy Clerk Buoi moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 596-00 FINAL ESTIMATE Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, noMcee and inspection and all miscellaneous costa; 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 $79,448,65 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this 18~ day of December, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buo[ moved adoption of the resolution. Seconded by Robbins. Motion carded 7~0. North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.58, presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 597-00 ACCEPTING IMPROVEMENT Whereas, the contract for the North End Neighborhood Trail Project has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been cothpleted 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 C~ Treasurer be and he is hereby directed to pay to the contractor from the General Fund ($538,389.58) in amount equal to the amount of this contract, [ess any retained percentage provided for therein. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the rasolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 598-00 FINAL ESTIMATE Whereas, the contract for the North End Neighborhood Trail has been completed and the City Engineer has submitted his tinal 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 Regular Session, December 18, 2000 improvement is hereby determined to be $538,389.56 and the said amount shall be paid from the General Fund ($538,389.96) of the City of Dubuque, Iowa. Passed, approved and adopted this 18~h day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adopfion of the resolution. Seconded by Robbins. Motion carded 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 599-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Kerper Court Paving and Utilities Project has been completed and the City Manager has examined the work and filed his certiticate 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: Sec§on 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18t~ day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 600-00 FINAL ESTIMATE Whereas, the contract for the Kerper Court Paving and Utilities 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 ali 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 $702,618.83 and the said amount shall be paid from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tex Fund ($536,736) of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of Klauer Manufacturing for removal of parking at several corners in the area of 26~ and 27~ Streets between Central and Elm Streets has been withdrawn, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, inc., to Bowling and Beyond Dubuque, incorporated, )resented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 601-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING & BEYOND DUBUQUE, INC. WHEREAS, Riverside Bowl, Inc. (Riverside) operates a bowling facility in Dubuque, Iowa, and Riverside and the City of Dubuque (City) entered into Leases of property owned by City on May 2, 1958, as amended June 19, 1973, April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are attached hereto; and WHEREAS, Riverside desires to sell its assets and assign its interest in the Leases to Bowling & Beyond Dubuque, Inc,, an Illinois corporation (Bowling), pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, the Leases are assignable by Riverside with the Regular Session, December 18, 2000 /*86 consent of City;, and WHEREAS, Bowling desires to assign its interests in the Leases to Amedcan Trust & Savings Bank (ATSB) as security for a loan by ATSB to Bowling, pursuant to the Assignment of Interests in Leases aEached hereto; and WHEREAS, the City Council has determined that it is in the best interests of the City to consent to the Assignments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE OITY OF DUBUQUE, IOWA: 1. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Riverside Bowl, Inc. to Bowling & Beyond Dubuque, inc. 2. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Bowling to Amedcan Trust & Savings Bank. Passed, adopted and approved this 18~ day of December, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the rssolution. Seconded by Robbins. Motion carded 7-0. Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement beb,veen the City and Dubuque Histodc Improvement Company to Jerry Lazore, new owner of the Redstone Inn, presented and read. Buel moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 602-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE HISTORIC IMPROVEMENT COMPANY BY DUBUQUE HISTORIC IMPROVEMENT COMPANY TO JERRY LAZORE Whereas, the Dubuque Histodc Improvement Company (DHIC) and the City of Dubuque (City) entered into a Lease Agreement on Apdl 1, 1995, a copy of which Lease /~greement is attached hereto; and Whereas, the Lease Agreement provides for parking for DHIC's Redstone Inn located at City's parking lot at Fifth and Bluff Streets; and Whereas, on October 13, 2000 the Redstone Inn was sold by DHIC to Jerry Lazore; and Whereas, the Lease Agreement is assignable by DHIC with the consent of City;, and Whereas, the City Council has determined that it is in the best interests of the City to consent to such assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council hereby J consents on behalf of the City of i Dubuque to the assignment of the Lease Agreement by Dubuque Historic improvement Company to Jerry Lazore, provided that Jerry Lazore shall agree to be bound by the terms and conditions thereof. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Fiscal Year 2002 Budget Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002 Budget Policy Guidelines, presented and read. Buol moved that the communication be received and filed and approved the 2002 Budget Policy Guidelines. Seconded by Robbins. Motion carded 7-0. Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, presented and read. Buol moved that the communication be received and filed and approved letter of support. Seconded by Robbins. Moton carded 7-0. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, presented and read. Buoi moved that the communication be received and filed and approved letter of support. Seconded by Robbins. Motion carded HOME Investment Partnership Program Contract: Communication from the iowa Department of Economic Development revising the master 487 Regular Session, December 18, 2000 contract and funding agreement for the HOME Program by changing the completion date and extending the performance period to June 30; 2001, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. Business Licenses: RESOLUTION NO. 603-00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said CitT. NEW Tobacco Outlet Plus # 56 Kwik Trip, Inc 66 W. 32nd St Grandview Milk House James T. Jacobsen 620 S Grandview Passed, approved and adopted this 18th day of December, 200~). Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 604-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT United Auto Workem # 94 UAW Local # 94+(Sunday Sale) 3450 Central Ave CLASS "C" BEER PERMIT Mole Oil Co. Big 10 Mart+ (Sunday Sale) 9th & Central Angel Investment Casey's General Store+(Sunday Sale) 2699 Rockdale Rd Rainbo Oil Co Kwik Stop+ (Sunday Sale) 4039 Pennsylvania Rainbo Oil Co Kwik Stop+ (Sunday Sale) 2320 Hwy 61 Kwik Trip, Inc Tobacco Ouflet Plus +(Sunday Sale) 66 W. 32nd St Passed, approved and adopted this 18th day December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 605-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Uquor License. CLASS "B" BEER/LIQUOR LICENSE Kinseth Hate[ Corp Holiday Inn 5-Flags+(Sunday Sale) 450 Main St Design Center, Inc Julian Inn+ (Sunday Sale) 200 Main St CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE L & M Wharf Corp Michael's Bar-X+ (Sunday Sale) 2616 Windsor David H. Hoffman The White House 450 W. Locust Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: Housing Code Appeals Board Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke. Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Vote on the appointments was as follows: Duggan voted for Drummer, Giesen and Jackson. Markham voted for Drummer, Giesen and Jackson. Michalski voted for Drummer, Giesen and Jackson. Nicholson voted for Drummer, Giesen and Jackson~ Robbins voted for Drummer, Giesen Regular Session, December 18, 2000 488 and Jackson. Robbine voted for Drummer, Giesen and Jackson. Buol voted for Drummer, Giesen and Jackson. Cline voted for Drummer, Giesen and Jackson. Therefore, Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04 on the Human Rights Commission. PUBLIC HEARINGS Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carried 7-0. Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Weetside Court from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District, with a PC Planned Commercial designation to allow for development of a new Menard's store, presented and read. Michalski moved that the proof and communication be received and flied. Seconded by Nichoison. Carried by the following vote: Yeas---Markham, Micha[ski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Tom O'Neill of Menard, inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, afl spoke in favor of the proposed rezoning. Ed Tschiggfde, as owner of a nearby quarry, spoke in favor of the project but requested the continuation of atdp lane tra/flc signal for exiting trucks. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial Distdct and CS Commercial Service and Wholesale Distdct to PUD Planned Unit Development Distdct with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, inc., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 106-00 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG U.S. HIGHWAY 20 WEST OF WESTSIDE COURT FROM C-3 GENERAL COMMERCIAL DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR MENARD, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclaesifying the hereinafter described property from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Develop~nent District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions for Menard, Inc., as stated below, to wit: Lot 2 of Siegert's Place, Third Addition, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions. 1.Building-related Features: Building-related features are defined as afl constructed items which dse above the grade surface of the lot. These include: a) The pdmary building b) All accessory or secondary buildings c) Ali exterior storage areas d) Exterior refuse collection areas e) Exterior mechanical equipment f) Containerized or tank stotage of liquids, fuels, gases and other materials 2) Vehicle-related Features: Vehicle-related features are defined as all areas used for the movement and parking of ali vehicles within the lot. These include: 489 Regular Session, December 18, 2000 a) Employee and visitor parking spaces b) Driveways from the street right- of-way line to and from parking spaces. c) Loading spaces outside of the building d) Maneuvedng space and driveways to and from loading spaces e) Parking spaces for company- owned commercial vehicles 0 Fire lanes 3) Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include: a) Landscaped space containing lawn areas and plantings b) Paved, hard-sur[aced pedestrian areas such as walkways, plazas, entryways and courtyards c) Surface storm water detention areas not ethenMse used for building- related or vehicle-related purposes d) Open recreation areas and recreational trail e) Other nombuilding and non- veh[cular-releted space B) Use Regulations. The following regulatJon~ shall apply to all uses made of land in the above described PUD Distdct 1) Principal permitted uses shall be limited to: a) Retail sales/service [17] b) Indoor restaurant [20] c) Drive-in/carry-out restaurant [28] d) General offices [14] [ ] Parking group-see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for ~*z~ture use. 3) Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it 4) Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 2- 5.3 and as defined in Section 8 of the Zoning Ordinance. C) Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD Distdct regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the following lot and bulk regulations: a) Maximum lot coverage shall be limited to 75%. All building and vehicle-related features shall be considered when calculating total land area coverage. b) Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 40 feet [imitation subject to the provision of adequate screening. c) Setbacks for the out-lot shall be as established for the C-3 General Commercial Dietdct, set forth in Section 3-3~3 of the Zoning Ordinance. D) Parkinq Requlations 1) All vehicle-related features shall be surfaced with either asphalt or concrete. 2) Curbing and proper sudace drainage of storm water shall be provided. 3) All parking and loading spaces shall be delineated on the surfacing metedal by painting stdpes or other permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5) The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. $) The location and number of 3dvata driveway intersections with aublic streets shall be established by :he City of Dubuque. E. Landscaping Regulations 1) Plant Materials: The open space area of each lot shall be planted with permanent Jawn and ground covers, such as shrubs and trees, t is the intent of these regulations that the development of required open spaces sha reflect a hgh quaity of environmental design. The following provisions shall apply to each lot: a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: For every one (1) acre of lot size, four (4) trees shall be required to a maximum of forty (40) trees. Each required tree shall be at least two (2} inches in diameter at planting. Shrubs shall be used to screen Regular Session, December 18, 2000 49O parking areas and provide accent around buildings. . Parking areas [ocatad adjacent to a dght-of-vcay sha[t be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three (3) feet in height ~hin three years of planting. 2) All exposed soil areas remaining after the construction of building and vehicle-relatad features shall be plantad with a permanent ground cover to prevent erosion. Within one (1) year follo~ving completion of construction, or by the date that a building is issued an occupancy cer~cate by the Building Safety Department of the City of Dubuque, whichever occurs first, required landscaping shsii be instal[ed. 3) The lot owner is required to replant any and ail plant materials which have died due to any cause during the effective period of this PUD ordinance. F. Sian Reeulaflon.~ 1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further reguIatad by this section. 2) Wali-Mountad Signs: a} Menard"s: 1) Total allowed square footage: 600 square foot 2) Numberofsigns: unlimited 3) Below eave or parapet b) Out-lot: 1) Total allowed square footage: 250 square feet 2) Num bar of signs: unlimited 3) Below esve or parapet 3) Freestanding signs: a) Menard's: 1) Total allowed square footage: 400 square feet 2) Maximum number: 1 3) Maximum height 40 feet b) Out-lot: 1) Total allowed square footage: 200 square feet 2) Maximum number: 1 3) Maximum height: 40 feet 4) Directional Signs: a) Menard'sJOut-lot: 1) Maximum size: 6 square feet 2) Maximum number: Unlimited 3] Maximum height: 10 feet 5) Lighting: Signs may be illuminated oniy by means of indirect tighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. 6) Motion: No signs may : include any device or means, mechanical, electdcaI or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G) Performance Standards The development and maintenance of uses in this PUD Distdct shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Off-site Improvements: Menard, Inc. shall be responsible for the design, construction and costs associated with the following off-site improvements: a) Construction of new signalized "T" intersection on U.S. Highway 20 to serve new Menard's store. b) Design and approval of all off-site improvements are subject to applicable City of Dubuque and Iowa Department of Transportation regulations and review procedures. 2) Site Lighting a) Extedor illumination of site features shall be limited to the illumination of the following: Pa~king areas, driveways and loading facilities. Pedestrian walkway surfaces and entrances to the buiiding. · Screened storage areas. ~ Building exterior. b) Location and Design: Ail extedor lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. * All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vedJcaI. · A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking-related features. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. Wooden utility-type poles are acceptable only for temporary use dudng construction. · Ail electrical ssI'~ice lines to posts and fixtures shall be underground or concealed inside the posts, 3) Utility Locations a) Service lines: sil electrical, telephone, cable and other similar utility lines sep~ing the building and other site features shall be located underground. b) Mechanical equipment: ali electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar 491 Regular Session, December 18, 2000 mechanical equipment, including roof- mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the bui[ding's overall architectural design. Fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. c) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Exterior Trash Collection Areas: a) The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of extedor trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c) Exterior trash collection areas shall be located in rear or side yards d) All extetior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant matadals shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. e} Other Codes and Regulations: These regulations do nat relieve an owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. H. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or [ease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recordina. A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adop~on of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon · publication, as provided by law. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 106-00 I, Thomas O'Neil, representing Menard, Inc. purchaser, having read the terms and conditions of the foregoing Ordinance No.106-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required I there n Dated this 9th day of January, 2001. By: Is/Thomas O'Neil Menard, Inc ORDINANCE NO. 106-00 We, William A. Siegert and Janet L. Siegert, property owners, having read the terms and conditions of the foregoing Ordinance No.106-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 15th day of January, 2001. By:/s/William A. Siegert By:/s/Janet b Siegert Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk It 12/27 Michalski moved that the requirement that a proposed Ordinance Regular Session, December 18, 2000 492 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. Carried by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural Distdct to LI Light Industrial District at the request of Hughes Court Investment Co./Schneider Land Surveying, to allow for construction of a warehouse building, presented and read. Buol moved that the proof be received and filed. Seconded by Cline. Motion carried 7-0. Robert Kirpes of 419 Winona spoke in favor of the 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 Hughes Court from AG Agricultural District to LI Light Industrial District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 107-00 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 HUGHES COURT FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL 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 reclassifTing the hereinafter described property from AG Agricultural District, to LI Light Industrial District, as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk It 12/27 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 ~assed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carded 7-0. Kelly Lane - Request for Rezoning: Proof of publication on notice of headng to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential Distdct to R-2 Two- Family Residential District at the request of Leonard Witt, to allow for construction of a duplex, presented and read. Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifTing hereinafter described property located along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two- Family Residential District, presented and read. Markham moved to concur with the denial. Seconded by Cline. Motion carried 7-0. Mole Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Buol moved to remove this matter from the table. Seconded by Nicholson. Motion carried 7-0. Steve Godus, 2461 Spdng Green, spoke requesting the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described proper~ located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, presented and read. 493 Regular Session, December 18, 2000 (OFFICIAL PUBLICATION) ORDINANCE NO. 108-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2120 JOHN F. KENNEDY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C- 3 GENERAL COMMERCIAL 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 reclaesif~ng the hereinafter described property from C-2 Neighborhood Shopping Center Distdct to C-3 Generat Commercial District, to wit: Lot 1 of Let 2 Asbury Springs Subdivision No. 5 Section 2. The foregoing amendment has hereto[ore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk It 12/27 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 Cline. Carried by the following vote: Yeas--Duggan, Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval of the final assessment schedule for the concrete repaim on Grendview at Delhi Project, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 606-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CONCRETE REPAIRS ON GRANDVIEW AT DELHI PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Concrete Repairs on North Grandview at Delhi Project under contract with Portzen Construction of Dubuque, Iowa, which dna] plat and schedule were filed in the office of the City Clerk on the 16th day of November, 2000, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner ~rovided in Section 362.3, the first 3ublication of which shall be not more :han fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the Regular Session, December 18, 2000 494 filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the rsspec'dve installments as provided in Section 384.65 of the Code of Iow'a. Each instailment will be delinquent from October 1 following its due date on July I of each year. Property owners may elect to pay any annual installments semiannually in advance~ Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk SCHEDULE OF VALUATION AND FINAL ASSESSMENTS - N. GRANDVIEW - DELHI LOT ~ESCI~IPTION McConneil, Laverne D. Jackson Hedge Subd. Lot 4 $1,899.56 Smith, Steven Hodge Subd. Lot 5 $1 899 56 TOTAL $3,799.12 Markham moved adoption of the Resolution. Seconded by Nicholssn. Motion carded 7-0. Fischer Cold Storage Warehouse and Cardage Building Demo]iton: Proofs of publication on notice of headng on plans and specifications and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100, presented and read. Suol moved that the proof and communication be received and filed. Seconded by Nicholssn. Motion carded 7-0. RESOLUTION NO. 607-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project. Whereas, notice of heedng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 608-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project pursuant to Resolution No. 570-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of November, 2000. Wherpas, said sealed proposals were opened and read on the 12th day of December, 2000, and it has been determined that the bid of Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $166,100.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and spec[ficatons. 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 Petarson Contractors, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authored and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18~ day of December, 2000. Terrsnce M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Robbins moved to reinstate the rule limiting discussion to the Council Seconded by Nicholson. Motion carded 7-0. 495 Regular Session, December 18, 2000 ACTION ITEMS Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carded 7-0. Thom Determan spoke requesting the changes. An Ordinance Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. '[09-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-27(4) POWERS AND DUTIES AND ENACTING A NEW SECTION 27~27(4} POWERS AND DUTIES IN LIEU THEREOF. 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 repealing Section 27-27(4) Powers and Duties. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting a new Section 27-27(4) Powers and Duties in lieu thereof as folkiws: Section 27-27(4). Powers and Duties: To issue such publication and reports of investigations and research as in the judgment of the Commission shall promote civil and respectful behavior which shall tend to eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability or marital status. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk It 12/27 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 589-00 RESOLUTION OF CITY OF DUBUQUE SUPPORT FOR THE VISION IOWA APPLICATION FOR FUNDS FOR AMERICA'S RIVER FOR THE MISSISSIPPI RIVER EDUCATION AND CONFERENCE CENTER AND THE MISSISSIPPI RIVER DISCOVERY CENTER AND AQUARIUM AT THE PORT OF DUBUQUE. Whereas, the citizens of Dubuque have been working together since 1992 on. plans to reclaim th e riverfront for the enjoyment of the communK7 and its many visitors; and Whereas, the City of Dubuque, the Dubuque County Historical Society, and the Dubuque Area Chamber of Commerce have formed a strong partnership to lead the co,mmunity in efforts to develop Dubuque s riverfront into a world-class attraction; and Whereas, there has been extraordinary levels of private participation in the fundraising for the dverfront development efforts from individuals, corporations, and government agencies; and Whereas, the City of Dubuque is committing to construction of a riverwalk and other infrastructure improvements on the dverfront and in the adjacent downtown area; and Whereas, the pdvate sector has made significant financial commitments, which will leverage the public investment and increase the level of interest in the Dubuque Riverfront; and whereas, the construction of the Mississippi River Education and Conference Center on the Port of Regular Session, December 18, 20e0 496 Dubuque will provide the venue to host groups and indMduals from around the wodd and make Dubuque and Iowa the center for learning about the Mississippi River and the State of Iowa; and Whereas, the plans for the development of Dubuque's river~ont meet the goals of the Vision Iowa program by providing Iowa with this world-class attraction; and Whereas, the plann!ng for the development of Dubuque s dverfront is at the stage where the community is ready to begin the construction phase for the major infrastructure improvements of the project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: The City of Dubuque hereby lends it continued support to the efforts of the community for the development of the dverfront of the Mississippi River. Section 2: The City of Dubuque together with its paKners, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce, commits over $29 million in City funds, over $20 million in pdvate participation, over $8 million in federal grants, and over $17 million in pdvate fund raising and land donations to match almost $58 mitlion in Vision Iowa funds toward construction of the America's River project in the Port of Dubuque. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Ci~' Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Fifth Street "No Parking' Ordinance: City Manager recommending approval of a 'No Parking" zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recen~ reconstructed Fifth Street, from Iowa Street to Locust Street, presented and read. Robbins moved that the communication be received and filed. Seconded by MichalskL Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances, Section _-.~63(d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streeta, presented and read. {OFFICIAL PUBLICATION) ORDINANCE NO, 110-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-262(d) PROHIBITING PARKING AT ANY TIME IN CERTAIN DESIGNATED ZONES RELATING TO FIFTH STREET BETWEEN IOWA AND LOCUST STREETS NOW, THEREFORE, BE IT QRDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by deleting from Subsection (d) of Section 32-262 the following: Fifth Street, West, south side, from Bluff Street to Hill Street; north side, from a p,o, int one hundred ninety-two feet (192) west of Bluff Street to Prospect Street. I Section 2. That the Code of Ordina.nces of the City of Dubuque, Iowa ~s amended by adding to Subsection (d) of Section 32-262 the following: Fifth Street, south side, from Bluff Street tq Hill Street; north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street and from Iowa Street to Main Street, provided, however, it shall not be unlawful to stop, but on~y in the drop-oft areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and dudng which time the vehicle shall not be unattended. Passed, approved and adopted this 18~h day of December, 2000. Torrance A. Duggan, Mayor Attest; Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001~ Jeanne F. Schneider, City Clerk It 1/10 Robbins 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 tinal consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 7-0~ An Ordinance Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a poYdon of Subsection (g) of Section 32-263 relating to angle parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 111-00 497 Regular Session, AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING A PORTION OF SUBSECTION (g) OF SECTION 32-263 RELATING TO ANGLE PARKING 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, laws be amended by deleting from Subsection (g) of Section 32-263 thereof as follows: Fifth Street, north side, from Iowa Street to Locust Street_ Passed, approved and adopted this 18~ day of December, 2000. Terrance A. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on [or passage at two Council Meetings pdor to the meeting at which ~t is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by MichalskL Motion carded 7-0. "No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions in the aitsy between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the area, presented and read. Robbins moved that the communication be received and filed. Seconded by Cline. Motion carded 7-0. An Ordinance Amending Section 32- 262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 112-00 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS, OR PORTIONS THEREOF, N BY ADDING THE ALLEY BETWEEN WEST FIFTH STREET AND UNIVERSITY AVENUE FROM December 18, 2000 NEVADA STREET TO ALPINE STREET 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, lowa is amended by adding to Subsection (d) of Section 32-262 the following: Alley, both sides, between West Fifth Street and University Avenue from Nevada Street to Alpine Street Passed, approved and adopted this 18th day of December, 2000. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Rebbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public headng, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried Request for Proposals - Fourth Street Peninsula: City Manager · recommending that the City issue a Request for Proposals for Master Planning and Design Services for the I ninety acres of the Fourth Street Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time, presented and read. Buol moved that the communication be received and flied and approved recommendation. Seconded by Cline. Motion carded 7- 0. Council Member Reports: Michalski ~;~netdenaknUcdeOfSor stnOowOrePr~roavdaOl?s and Regular Session, December 18, 2000 498 ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Additon - Request to Vacate: City Manager recommending that a public hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Additon at the request of Jim Stock Realty & Construction, presented and read. Buol moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 609-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition; and Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently platted on said lots; and Whereas, Jim Stock Realty & Construction has petitioned to vacate por'dons of said easements. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements over podJons of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, as shown on the attached Exhibits A and B. Section 2. That the City Clerk be and is hereby authorized and d[rocted to cause a notice of intent to be published in the manner as prescribed under Section 364.7 Code of ~owa, 1999 or amended. Passed, approved and adopted this 18~ day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo] moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. At 8:37 P.M. Buol moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c). Seconded by Markham. Motion carded At 8:49 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carded 7-0. The meeting adjourned at 8:50 P.M. /si Jeanne F, Schneider City Clerk Approved ,2001 Adopted ,2001 Mayor Council Members Attest: City Clerk