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Council Proceedings January 02Regular Session, January 7, 2002 1 DUBUQUE CITY OFFICIAL PROCEEDINGS City Council Regular Session, January 7, 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michaiski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may propedy come before the City Council. Invocation was given by Msgr. Francis Fried[. City Clerk Jeanne F. Schneider swore in Mayor Torrance M. Duggan, Mayor Duggan swore in Council Member At-Large Daniel E. Nicholson, Council Member First Ward John H. Markham, and Council Member Third Ward Joyce E. Connors. Mayor Duggan swore in Mayor Pra-Tem Ann E. Michalski. Proclamation: Martin Luther King Day (January 20, 2002). Rick Goodin, Airport Commission Chairperson, introduced Andrew Perry, Airport Manager, CONSENTITEMS Minutes Submitted: Airport Commission of 12/17; Cable TV Regulatory Commission of 12/12; City Council of 12/17 and 12/27; Civil Service Commission of 12/12; Community Development Advisory Commission of 12/6; Environmental Stewardship Advisory Commission of 12/17; Five Flags Commission of 12/17; Housing Commission of 12/8; Long Range Planning Advisory Commission of 12/19, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline. Motion carded 7-0. Proof of publication of City Council Proceedings of 11/28, 12/3, 12/10; and 12/17, presented and read. Notice of Claims/Suits: Joe Chapman in estimated amount of $15 for property damage; Richard J. Hartig in estimated amount of $1,061.41 for property damage; Joe A. Kubicek in estimated amount of $115 for personal injury of Robert Kubicek; SISCO in estimated amount of $361 for 3ersonal injury clairr of Jody Bradley; Merle A. Vier[el in estimated amount of $871.24 for property damage, presented and read. Buol moved that the claims ano suits be referred to the Legal Staff for investigation and report. Seconded by Cline. Motion carried 7-0. Corporation Counsel advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Mede A. Vfertel for property damage, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Ctine. Motion carried 7-0. Corporation Counsel recommending denial of the claim of Robert Wild for property damage, presented ano read. Buol moveo that the communication be received anc filed and concurred with the recommendation. Seconded by Cline. Motion carded 7-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Public Safety Dispatcher, presented and read. December 18, 2001 Honorable Mayor and Members of the City Council In accordance witl- Chapter 400 of the 2001 Code of Iowa, an examination for the 3osition of Public Safety Dispatcher was given on December 11, 2001. We hereby certify that the individuals listed below have passed this wdtten examination anc the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. PUBLIC SAFETY DISPATCF- =R Jessica M. George Diane M. Hickey Edie A. Huss Julie A. Rooney Beth A. Saylor Respectfully submitted. Is/Loras Ktuesner. Chairperson /s/Merle Duehr /s/Richard Wedzbe~ger Civil Service Commission Buol moved that the communication be received ane flied aha made a matter of record. Seconded by Cline. Motion carded 7-0. 2001 GPRA Annual Products Report: City Manager submitting the 2001 Govemmera Performance and Results Act (GPRA) Annual Products Report which Certified Local Governments submit to the National Parks Service to demonstrate to Congress the accomplishments of programs funded by the 2 Regular Session, January 7, 2002 rd~stonc Preservation Fund. presented and read. Buol moved that the communication be received and filed. Seconded Dy Cline. Motion carried 7- 0. Ftoodwall Inspection Report: City Manager forwarding the Floodwall Insoection Reaort from me U.S Army Corps of Engineers m which the Cit, received the highest Corps rst~ng of acceotae~e, presented and read. Buol moved that the communication De received and filed. Seconded dy Cline. Motion carried 7-0. interstate Power Loan Extension: City Manager recommending approval ct an addendum to the Urban Renewal Tax Increment Revenue Promissory Note and execution of the mortgage extension with AIliant Energy (interstate Power), presented and read. Bud[ moved that [ne communication be received and filed and aDDrOVed recommendation. Seconded by Cline. Motion carried 7-0. Agreement Between the City of Dubuaue and Delta Dental Plan of iowa: City Manager recommending approval of the Administrative Services and Financial Agreement betweer the Cit~ of Dubuaue and Delta Dental Plan of iowa for servmes related to the administration of the City's dental plan - removed from Agenda. Substance Abuse Policy: City Manager recommending adootion of a Substance Abuse Policy for the City of Dubuque as required by the Federal Drug and Alcohol Testing Regulations, presented and read. Buol moved that the communication be received and filed and adoated the Polic~,. Seconded by Cline. Motion carried 7-0 iowa Deaartment of Natura Resources: Communication from the Iowa Department of Natura Resources regarding municipal separate s[orm sewer oermit reouirements, presented and read. Buol moved that the communication be received and filed Seconded Dy Cline. Motion carried 7-0. Dubucue Metropolitan Area Solid Waste Agency: Jan Hess. Secretary for the :3ubuoue Metropolitan Area Solid Waste Agency, submitting rates for the landfill beginning July 1, 2002. 3resented and read. Buol moved that the communication be received and filed. Seconded Dy Cline. Motion carded 7-0 LOrdS College Request to Purchase Property: Communication frorr Stephen J. SchmalL Loras College, reduesting To purchase a pomon of two City-owned streets, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 7- 0. Mediacom: Communication from Mediacom advising ct a rate increase effective with February 2002 billing statements, presented and read Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Liauor License Refund: MM and H Corporation requesting a refund of their Class C Liquor License ~" the amount of $422.50. presented and read. audi movee that the communication be received and filed and refund approved. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 1-02 NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That [ne following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuoue. Iowa. De grantee a oermit to sell Cigarettes and Cigarette Pacers within said City. New Awn Stoa Mart Inc Awn Stop Mart Inc. 1998 Jackson Passed. approved and adopted this 7th day of. January 2002. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 2-02 Whereas applications for Beer Permits have been submitted and filed to this Council for approval aha the same nave been examined and approved: and Whereas. the 3remises to be occupied by such applicants were inspected and found to comply with the Ordinances af the City and have filed proper bonds NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be ssued the following named applicant., a Beer Permit. CLASS "B" BEER PERMIT KT Restaurants Godfather's Pizza+ (Sunday Sale) 1575 JFK Rd CLASS "C" BEER PERMIT Rainbo Oil Company Kwik Stop Food Mart+(Sunday Sale) 2320 Hwy 61 Awn Stoa Mart Inc. Awn Stob Mart+ (Sunday Sale) 1998 Jackson Hy-Vee Inc. Hy-Vee # 2+ (Sunday Sale) 4800 Asbury Rd Regular Session, January 7, 2002 3 Passed, approved and adopted this 7th day of January, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 3-02 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 filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS"C" BEER/LIQUOR LICENSE Braezer's Pub Company Breezers Pub+ (Sunday Sale) 600 Central Ave Phillip Love The Lounge+ (Sunday/Outdoor Sale) 481 Locust St Mul, thc A & B Tap+ (Sunday Sale) 2600 Central Ave CLASS "B" WINE Dubuque Religious Center, Inc Dubuque Religious Center 923 Main St Hy-Vee Hy-Vee # 2 4800 Asbury Rd Passed, approved and adopted this 7~ day of January, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution; Seconded by Cline. Motion carried 7-0. BOARDS/COMMISSION~ Interviews for the following Boards / Commissions: HUMAN RIGHTS COMMISSION: (Three vacancies for terms through 1/1/05 - Blau, Determan, and Sutton). Applicants: Sr. Codne Murray, PBVM; Lou Oswald; Bill Ross; Joseph Hopkins. No one spoke. PLUMBING BOARD: (Journeyman - Term of Papin to expire 11/2/03). Applicant: Paul Papin. No one spoke. ACTION ITEMS Michalski moved to remove the following item from the table. Seconded by Nicholson. Motion carried 7-0. Main Street Opening from 5~h to 9th - Award of Contract (Tabled from December 17, 2001): Communication from Mike Portzen advising that Portzen Construction. Inc. will honor [heir bid proposal for the project through January 8. 2002; Public Works Director Mike Koch submitting revised construction schedule; Proofs of publication on notice of hearing on plans and specifications, and ~otice to bidders on the receipt of bids, and City Manager recommending award of the contract for the opening of Main Street from 5'" Street to 9'n Street to Portzen Construction. Inc.. ~n the amount of $1,864,870.39: Communication from Thomas G. Bond, Dubuque TV Limited Partnershio. expressing opposition to the proposed assessment to his property at 744 Main Street; Communication from Michael J. Kielty, Banner investments, in opposition to the proposed street assessment for his property at 799 Main Street.: Communication of David W. Leifker regarding Town Clock Plaza; Communication from property owners (13) in support of re-oaening Main Street and their proposed assessments, presented and read RESOLUTION NO. 4-02 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14th day of November, 2002. plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Main Street Reconstruction Project - 5TM to 9TM Streets. Whereas, notice of headng on plans, specifications, form of contract, and estimatec 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 ~lans, soecifications, form of contract and estimated cost for said improvements for said project. Passed. adopted and approved this 7'" day of January, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved aooption of the Resolution. Seconded by MichalskL Carried by the following vote: Yeas--Cline, Connors, Markham, Michalski, Nicholson. Buol. Nays--Duggan. RESOLUTION NO. 5-02 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS FOR MAIN STREET RECONSTRUCTION PROJECT - 5TM TO 9TM STREETS Whereas. the City Council 2assed Resolutior 505-01, dated November 19. 2001. approving the Preliminary Schedule of Assessments for the reconstruction of Main Street. from 5~r to 9~h Streets; and 4 Regular Session, January 7, 2002 Whereas z nas Been determinee that the Schedule of Assessments contained two errors which need to Be corrected. NOV~ THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the following amenaments, as shown on [he attachee sneer, be made to Resolution 505- 01. Preliminary Schedule ~of Assessments for [ne reconstruction of Main ~treet. from 5 h to 9th Streets, Passec approved and adoated this 7,n day of January 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Nicholson moved aooation of the Resolution. Seconded by MichalskL Carried Dy the following vole: Yeas--Cline. Connors, Markham. Micha]ski. Nicholson. Buol. Nays--Duggan. RESOLUTION NO. 6-02 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE MAIN STREET RECONSTRUCTION, 5TM TO 9TM STREETS Whereas me City Council has proposed a Resoluuon of Necessity for the Main Street Reconstruction. 5th to 9~h Streets. has given nouce of the aublic hearing thereon as reauired by law: and Whereas rne public hearing nas been held. all eersons offering objections nave been heard and consideration given to all objections and is pending before this Council: and Whereas. [his is the time ane place set as orovided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the proposed =~esolution of Necessity described above is hereby: x Adopte¢ without amendment, and all objections filed or made having been dully considered are overruled. _Adoetee as amended By the Schedute of Assessments attached hereto as Exhibit A. and made a cart hereof by reference. All oDjections filed or made having Been duly considered are overruled. _Deferred for later consideration to a City Counc~ meeting to De held on the day of next at 6:30 p.m. ~n . with jurisdiction retained for further consideration and action at the adjourned meeting. _Abandonee. ;assoc. adopted and approved this 7~n day of January, 2002 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. CMC. City Clerk Nicholson movee aeoatior of the Resolution Seconded by Michalski. Carried by the following vote: Yeas--Cline. Conners. Markham Michalski Nicholson Buo[. Nays Duggan. RESOLUTION NO. 7-02 AWARDING CONTRACT Whereas sealed proposals have been submitted ay contractors for Main Street Reconstruction Project, 5~" to 9'r Streets. Pursuant to Resolution No. 506-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 23r° aay of November. 2001 Whereas. said sealed eroDosals were opened and reae on the 6th day of December, 2001, and it has been determined that the bid of Portzen Construction. Inc. of Dubuque, Iowa. in the amount of $1.864,870.39 was the lowest bid for the furnishings of all labor ane materials and 3erforming the work as provided for in the plans ane specifications. NOW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the contract for the above improvement be awaroec to Podzen Construction, inc. and the Manager ee and is hereby directed to execute a contract on behalf of the City of Dubuaue for the comalete oerformance of the work. BE IT FURTHER RESOLVED: Section 1. That Portzen Construction. mc. be given a three-week extension on the completion deadlines, since the award of the contract exceeded his requirement to hold the bid price for a maximum of thirty (30) oays after the receipt of bids Section 2. That the eady bonus date moved from July 26. 2002, to August 16, 2002 and from August 31. 2002 to September 21,2002. Section 3. That upon the s~gnmg of said contracl and the aaarova[ of the contractor's bond. the City Treasurer is authorized and instructed [o return the bid deaosits of the unsuccessful bidders. Passed. approved and adoeted this 7th day of January, 2002. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. CMC City Clerk Nicholson moved adoBtion of the Resolution aris amended [ne Resolutior to extend the completion date for one month rather than Lhree weeks. Seconded ay Michalski Carried Dy the following vote: Yeas--Cline, Connora. Markham, Michalski. Nicholson, Buol. Nays--Duggan. Affordable Housing Tax Credit Program Application - MWF Properties: Communication from David T. Steele, Vice President of MWF Proper[les, reeuesting the City supper[ their Regular Session, January 7, 2002 5 Affordable Housing Tax Credit Program Application to the State of iowa; City Manager providing information regarding a request from MWF Properties for City support of an application to the iowa Finance Authority for housing tax credits for a new construction family apartment complex to be known as Rave~ Hill Apartments; and a Resolution of Support for the development of a rental housing project [o be known as Raven Hill Apartments, presented and read. David Steele of MVVF Properties, spoke in support of this project. Discussion ensued about the speed of this project and that staff had no recommendation. Nicholson moved to receive and file [he documents and to refer the matter to Staff. Seconded by Cline. Motion carried 7-0. Memorandum of Understanding with Heartland Financial USA: City Manager recommending approval of a Memorandum of Understanding between the City and Heartland Financial USA, Inc. for an expansion project in downtown Dubuque, presented and read. Cline moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. Lynn B. Fuller, President and CEO of Heartland Financial USA, inc., spoke in suppott of the Memorandum of Understanding. RESOLUTION NO, 8-02 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH HEARTLAND FINANCIAL USA INC. FOR AN EXPANSION IN DOWNTOWN DUBUQUE Whereas, Heartland Financial USA Inc. is proposing to expand employment in the City of Dubuque, and Whereas, the City is encouraging the Company to expand its operations in Downtown Dubuque, and Whereas, a Memorandum of Understanding has been prepared for said expansion, NOW THEREFORE BE iT RESOLVED BY THE CiTY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The attached Memorandum of Understanding is hereby approved. Section 2. The City Manager is hereby directed to prepare documents necessary [o implement the Memorandum of Understanding Passed, approved and adopted this 7th day of January 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Cline moved adoption of the Resolufion. Seconded by Michalski. Motion carded 7-0. HOME Program funds for rehabilitation of properties located near the "Five Points" intersection, presented and read. Nicholson moved that the communication be received and filed and approved the recommendation. Seconded W Cltoe. Motion carded 7-0. City Council Appointments: Communications from the Dubuque Racing Association and Operation: New View requesting appointment of the City's designees to their reseecfive Boards for calendar year 2002, presented and read. Nicholson moved [hat the communication be received ami filed. Seconded by MichalskL Motion carried 7-0. Dubuque Metropolitan Solid Waste Agency; Micha[ski moved that Nicholson be appointed [o that Board. Seconded by Cline. Motion carriec 7-0. OPeration: New View: Nicholson moved that Cline and Connors be appointed to that Board. Seconded by Michalski. Motion carded 7-0.. Dubuque Racing Assn: Nicholson moved that the current members remain on that Board - currently Mayor Duggan and Council Members Buol and Markham. Seconded by Michalski. Motion carried 7-0. REAP Committee - Nicholson moved that Connors be appointed [o that Committee. Seconded by Cline. Motion carried 7-0. Airport Commission: Nicholson moved that Markham be reappointed to a one year term to expire 01/5/03. Seconded by Michalski Motion carried 7-0. There being no further business, Markham moves to adjourn Seconded by Buol. Motion carried 7-0. The meeting adjourned at 7:28 P.M. It 1/16 Is/Jeanne F. Schneider City Clerk HOME Program Application: City Manager recommending approval of an application to the iowa Department of Economic Development for 6 Regular Session, January 7, 2002 Approved: May 20, 2002 Adopted: May 20, 2002 /s/ Terrance M. Duggan, Mayor /s/ Patricia Cline /s/ Ann E. Michalski /s/ Joyce Connors /s/ John H. Markham /s/ Roy D. Buol /s/ Dan Nicholson Council Members /s/ Karen M. Chesterman Deputy City Clerk ei¢ Clerk, ~ Special Session, January 21, 2002 7 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Counci Soecial Session. January 21, 2002 Council met for dinner at 4:45 P.M. in the Library Rotunda Council met in Special Session at 5:23 P.M. in the Library Auditoriurr Present: Mayor Pro-Tern Michalski. Council Members Buol. Cline. Connors. Markham. Nicholson, CiTy Manager Michael Van Milligen, Corporation Counsel Barry Lthdahl. Absent: Mayor Duggan. Mayor Pro-Tern Michalsk: read the call and s[a[eo this is a Special Session of the City Council called for the purpose of discussing Stree[scape Design Guidelines in the Histodc Preservation Districts. Terry Mozena Chair of the Historic Preservation Commission, introduced the members of the Historic Design Guidelines Steering Committee that were present. Kevin Eippede of The Durrant Group presented the draft Guidelines. At 6:07 P.M. there being no further business on this subject, Buol moved to go into Closec Session - re: Pending Litigation and Acquisition of Property - Iowa Code Chapter 21.5(1)(c)(j), Seconded 3y Cline. Motion carried 6-0. At 6:28 P.M. upon consensus Closed Session adjourned stating Staff had been given proper direction. Is/Jeanne F. Schneider. CMC City Clerk It 1/30 Approved: May 20, 2002 Adopted: May 20, 2002 /s/ Terrance M. Duggan Mayor /s/ Patricia Cline /s/ Ann E. Michalski /s/ Joyce Connors /s/ John H. Markham /s/ Roy D. Buol /s/ Dan Nicholson Council Members Attest: /s/ Karen M. Chesterman Deputy City Clerk Council Uem~ Ci~ Clerk . 8 Regular Session, January 21, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Regular Session. January 21 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditadum Present: Mayor Pro-Tem Michalski, Council Members Buo, C]ine, Connors. Markham. Nicho~son City Manager Michael Van Milligen, Corcoration Counsel Barry Lindahl Absent: Mayor Duggan. Mayer Pm-Terr Michalski reac me call and stated this is the regutar session of the City Counci Called for the DUroOSe of acting UDOn such business which may properly come before the City Council. Invocation was given by President Ken ~aughters. Emmaus Bible College. CONSENT ITEMS Minutes Submitted: City Council of 1/7: Civil Service Commission of 12/18: Histodc Preservatio- Commission of 12/20: Park and Recreation Commission of 12/1~; Transit Board of 12/13: Zoning Advisory Commission of 12/19 anc 1/2: Zoning Board of Adjustment of 12/20 presented and read. Dual moved that the minutes be received and filed. Seconded by Cline. Motion carried 6-0. Finance Director submitting the City of Dubuque Financial reeorts for the month ending December 31. 2001. presented and read. Buo[ moved that [ne communication and report 3e received and filed. Seconded by C[ine. Motion carried 6-0. Printed Council Proceedings for November 2001 nresen[ed and read. Dual moved that the proceedings be aoaroved as orinted. Seconded by Cline. Motion carried 6-0 Notice of Claims/Suits: David Draper n estimated amount of $629.04 for vehicle damage; Carol Ernst in estimated amount of $503.97 for vehicle damage; Farm Bureau Mutua insurance in undetermined amount for yen cie aamage aha personal injunj of Ead Hinzman: Leuwerke and Associates Inc. in undetermined amount for property damage claim of Ellen Close: Randy Rath in estimated amount of $800 for vehicle damage, presented and read. Dual moved that the claims and suits De referred To me Lega Staff for investigation and reeort, Seconded 3y Cline. Motion carried 6- 0. Corcoratior Counsel advising that the following claims have been referred to Public Entity Risk Services of iowa, the agent for the Iowa Communities Assurance Pool: Richard J. Hartig for property damage.; Joe A. Kubicek for persona injury; and SISCO for personal injury claim of Jody Bradley, presented and read. Buol moved that the communications be received and filed. Seconded by Cline. Motion carded 6-0. Coreoration Counsel recommending approval of the claim of Joe Chapman for property damage in the amount of $15.00 and directing the Finance Director to issue the proper payment, presented and read, Dual moved that the communication be received and filed and directed Finance Director to issue proper 3ayment. Secondea by Cline, Motion carried 6- 0. Citizen Communications: Communication from John and Tina Perry requesting thai the City vacate a portion of Burlington and Stolz Street abutting their property presented and read. Buol moved that me communicatior be received and filed and referred to the City Manager. Seconded by Cline. Motion carried 6-0. Communication from Brendan T. Quann, representing the Sisters of Chadty of the Blessed Virgin Mary, requesting that the City vacate a portion of Carmel Drive abutting property owned by the Sisters of Chadty, presented and read. Buol moved that the communication De received and filed and referred to me City Manager. Seconded by Cline. Motion carried 6-0. Communication from Kenneth J. Moore and Vince Kilburg requesting that parking be allowed in the alley between Main Street and Iowa Street for tenants in building located at 140 Loras Boulevarc cresented and read. Mr. Vince 4ilburg of Bellevue, as Building Manager, spoke claritying this request. Buol movea that the communication be received aha filed and referred to the City Manager. Seconded by Cline. Motion carried 6- 0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Stock Clerk and amending the certified list for Equipment Operator II, presented and read. January 3, 2002 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2001 Code of Iowa. an examination for the position of Regular Session, January 21, 2002 9 Stock Clerk was given on December 18, 2001. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. STOCK CLERK Gary Nauman Frederick Bdmeyer Garry F. Clauer Kathy L. Masterpol Teresa M. Behnke Timothy J. Schmit Randy Ludowitz Edie A. Huss Respectfully submitted, /s/Lores Kluesner, Chairperson /s/Merle Duehr Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record. Seconded by Cline. Motion carried 6-0. January 3, 2002 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Equipment Operator II was given on June 12, 2001, We hereby certify that the following individuals be added to the previously certified list for this position. EQUIPMENT OPERATOR II Scott L. Papa Troy J. Kappares Respectfully submitted, /s/Lores Kluesner, Chairperson /s/Mede Duehr Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record; Seconded by Cline. Motion carded 6-0. City Precinct and Ward Plan: Communication from Chet J. Culver, Secretary of State, advising that the State has approved the City Precinct and Ward Plan as submitted, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Dubuque Gids' Independent League: City Manager recommending approval of the first amendment to the lease agreement between the City of Dubuque and the Dubuque Girls' Independent League for 11.6 acres of the Rip Row Valley property to clearly state when the general public will be able to use the leased area, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 9-02 RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH THE DUBUQUE GIRLS' INDEPENDENT LEAGUE Whereas, the City Council of the City of Dubuque, Iowa, met on the 21st day of January, 2002, at 6:30 p.m., in the Public Library Auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the first amendment to the Lease Agreement between the City of Dubuque and the Dubuque Girls' Independent League, a copy of which is attached hereto and incorporated herein by reference; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and ali objections, oral or wdtten, to the lease agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The amendment to the Lease Agreement between the City of Dubuque and the Dubuque Girls' Independent League, a copy of which is attached hereto, is hereby approved. Seclion 2. The Mayor is authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 21st day of January, 2002. Ann E. Michalski, Mayor Pre-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Reso[utJee. Seconded by Cline. Motion carded 6-0. Phase III Historical/Architectural Survey Grant Agreement: City Manager recommending approval of a Certified Local Government (CLG) grant agreement for Phase ill of Dubuque's Architectural / Histodc Survey / Evaluation, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carded 6-0. Final Plat - Eots 1 and 2 of C and Z Addition: Zoning Advisory Commission recommending approval of the final plat of Lots 1 and 2 of C and Z AddiUee located at 605 and 611 South Grendview at the request of Roland Clinton and Richard and .Patricia Zahina, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 10-02 RESOLUTION APPROVING THE FINAL PLAT OF LOTS I AND 2 OF C AND Z ADDITION Whereas, there has been filed with the City Clerk a final plat of Lots 1 and 2 of C and Z Addition; and Whereas, said plat provides Lot 1 with 4,876 square feet of lot area and 50.63 feet of lot frontage and Lot 2 with 4,966 square feet of area and 48.70 feet of lot frontage, where 6,000 square feet of lot area and 60 feet of lot frontage respectively are required; and 10 Regular Session, January 21, 2002 Whereas, said fina slat has been examined by the Zoning Advisory Commission and had its aDDreval eneorsed thereon: and Whereas said fina slat has been examined by rne City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE BE '- RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Section 42-19(b) of [he Subdivision Regulations is waived to allow Lot 1 w~[n 4.876 seuare feet of lot area aha 50.63 feet of lot frontage eno Lot 2 with 4,966 square feet of lot area and 48.70 feet of lot frontage, where 6.000 square feet of tot area and 60 feet of lot frontage respective y are required. Section 2. That the final olat of Lots ' and 2 et C and Z Addition Is ~ereby approvea, and the Mayor and City Clerk are hereby authorized and directed [o endorse the approval of the City et Dubuoue. Iowa ueon said final plat Passed approved and adopted this 21st day of January, 2002. Ann E. Michalski Mayor Pro-Tern Attest: Jeanne F. Schneider. CMC. Ci[y Clerk Buol movea aeoption et me :~esolution. Seconded by Cline. Motion carried 6-0. 330 - 336 Main Street - Accep[ance: City Manager recommending acceotance of [he demolition project at 330 - 336 Main Street in the fina' contract amount of $150,040 as completed by Tschiggfde Excavating, presented and reae. Buol moved that the communication 3e received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 11-02 ACCEPTING IMPROVEMENT Whereas. the contract for the demolition of the 9uilding ocated at 330-336 Main Street has been completed ane the City manager has examinee the work and filed his certificate staung that the same has been completed according [o me terms of the contracts plans and specifications and recommends its addeD[anco. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the recommendatior of the City Manager be aeereved and that said improvement be ana [he same s hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed To pay to the contractor from the Fiscal Year 2001 Community Development Block Grant Fund in amounts equa to the amount of this centred[. less any retained percentage erovided for there~n. Passed. aDaroved and adooted this 21st day of January, 2002. Ann E. Michalski Mayor Pre-Tern &ttest: Jeanne F. Schneider, City Clerk Buol moved adoetior et the Resolution. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 12-02 FINAL ESTIMATE Whereas. the contract for the demolition of the building located at 330-336 Main Street has been completed and the Economic Development Director nas submitted his final estimate showing the cost thereof including the cost of estimates, notices and insoecfion ane all miscellaneous costs: NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the cost of said improvement is nereoy determined to oe $150.040 and the said amount shall be paid from the Fiscal Year 2001 Community Development Block Grant funds. Passed approvee and adopted this 21st day of January, 2002. Ann E. Michalski. Mayor Pre-Tern A[test: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Westside Intake Replacement Project Acceptance: City Manager recommending acceptance of the Westside Intake Reolacement Project in [he final contract amount of 839.704.11 as completed by Renaissance of Dubuque Corporation, eresented and read. Buol moved that the communicafion be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 13-02 ACCEPTING IMPROVEMENT Whereas, the contract for the Westside Intake Replacement Prejecl nas been completed and the City Manager has examined the work and filed his certificate stating that the same has been comaleted according to the terms of the contract o~ans and specifications and recommends it acceptance. NOW THEREFORE. BE [T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager oe approved and that said ~merovemen[ 3e and the same is hereby accepted. BE [T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 1999 Genera[ Fund in amount equal to the amount 3f his contract less any retained percentage provided for therein. Regular Session, January 21, 2002 Passed, approved and adopted this 21st day of January, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolutior Seconded by CIine. Motion carried 6-0. RESOLUTION NO. 14-02 FINAL ESTIMATE Whereas, the contract for the Westside intake Replacement 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, ~OWA: Section 1. That the cost of said improvements is hereby determined to be $46,262.86 and the said amount shall be paid from the Fiscal Year 1999 Fiscal Year General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 21s' day of January, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by C[ine. Motion carded 6-0. 2001 CDBG Curb Ramp installation Acceptance: City Manager recommending acceptance of the 2001 Curb Ramp Installation (CDBG) Project in the final contract amount of $31,052.28, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0 RESOLUTION NO. 15-02 ACCEPTING IMPROVEMENT Whereas, the contract for the 2001 Curb Ramp installation - CDBG Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2001 Community Development Block Grant Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 21s' day of January, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moveo adoption of the Resolution. Seconded by Cline. Motion carded 6-0. RESOLUTION NO. 16-02 FINAL ESTIMATE Whereas the contract for the 2001 Curb Rame Installation - CDBG 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. 3E T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvements is hereby determined to be $33.225.93 and the said amount shall be paid from the Fiscal Year 2001 Community Development Block Grant Fund of the City of Dubuque. iowa. Passed. approved and adopted this 21s' day of January, 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk BuoI movec adoptior of the Resolution. Seconded by Cline. Motion carried 6-0, 2001 Sidewalk Assessment Project: City Manager recommending approval of the final assessment schedule for the 2001 Sidewalk Assessmeni Project presented aha read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 17-02 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2001 SIDEWALK ASSESSMENT PROJECT INCLU- DING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS-MENTS 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 De made for the construction of the 2001 Sidewalk Assessment Projecl under contract with Kluck Construction of Dubuque, Iowa. which final plat and schedule were filed in the office of the City Clerk on the 16~n day of January, 2002, the said schedule of assessments be and the same is hereby approved and adopted. 12 Regular Session, January 21, 2002 That there be. and is nereDy assessed ant lev~ed as a seeoial tax against and upon each of [ne rots. me respective sums indicated Provided. fur[her that the amounts snown in said fine schedule of assessments as deficiencies are found to be proper and levied conditiona y against [he respective properties benefited by the imdravemen~s as snown in me 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 droDort~on to the sdecial benefits oonferraa and not In excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed [o certify said schedule to the Count) Treasurer of Dubuque County, Iowa. and to eublish nouce of said certification once eacr week for ~vo consecutive weeks in the manner orovided in Section 362.3. me first publication of which shall De nor more man fifteen days from the date of filing of the final schedule. On or before the date of the second aublication of the not~ce, tne City Clerk shal a~so mail a CODy of said notice [o proper~y owners wnose proper~y is subject to assessment, as orovided 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 filing of the final schedule of assessments with the County Treasurer. After 30 nays unpaid assessments of $50.00 or more are payable in 10 annua~ installments and will draw annual merest a~ rune cercent (commencing on the date of acceotance of the work) computed to the December 1 next following the due dates of the resDecbve installments as provided n Section 384.65 of the Code of Iowa. Each installment will ~)e delinquem from October · following its cue care on ,Ju~y 1 of each year, Property owners may e~ec[ to pay any annua] installments semiannua; y in acvance Passed aDDroveo and adooted this 21~ day o! January, 2002. Ann E. Michalski. Mayor Pro-Tem Attest: Jeanne F. Schneider. City Clerk 2001 SIDEWALK ASSESSMENT PROJECT SCHEDULE OF FINAL ASSESSMENTS The following schedule is hereby determined To show each lot proposed to be assessed for the ~mprovements snown in the title together with the amount proposea to be esseseec against eacn lot aha the valuation shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the Cit7 of Dubuque. Property Owner Location Leqal Description Parcel Total Assessment ~urkart. Daniel & Donna 201 E 22"a Lot 2 S 36' 56 & all 55 LH Langs Addn 10-24-203-018 $69.00 Bigelow. Marc &Linda 2995 Castlewood Lot 15 BIk 9 Arbor Oaks 10-15-152-023 $55.20 Arthur. Steve & Deann 3085 Castlewood Lot 5 Re-Plat Block 8 Arbor Oaks 10-15-152-018 $414.00 Dean Darron Wayne 119 Clarke Dr. E. 65' Lot 15 LH Langworthy Sub. 10-24-134-033 $55.20 Potter. Ralph R. 429 Clarke Dr. Lot 102 Cox's Addn. 10-24-176-023 $110.40 Vaassen. Ronald and Judy 879 Clarke Dr. Lot ' Sub LO~S 30 & 31, Lot 4 Sub Lots 30 & 31 23-276-019 $55.20 Biechler. John. 2220 Foye Lot 22 CA Voelkers Addn. 10-24~111-001 $55.20 Schmitt. Michael 2214 Jackson Lot 1 of 57 LH Langworthy's Addn. 10-24-203-007 $276.00 Bemis. Terry & Justin. 1705 Lori Lot 12 Block 4 Scenic View r~gts #3 10-15-481-025 $110.40 Johnson Ronald G. 1782 Lcd Lot 4 Block 2 Scenic View Hgts #3 10-15-482-008 $423.20 Frank in. _aura 874 Mt. Loretta Lot 4 Mineral Lot 39 10-36-206-009 $621.00 McCarron. Robert & Julia 928 Mt. Loretta Lot 6 Ryders Sub. 10-36-206-006 $165.60 Wilsor Monique 995 Mt. Loretta W. 50' Lot 59 & 1-60- Oak Grove Addn. 10-36-126-019 $1,373.10 Grabow Ralph 2615 St. Anne Dr. Lot 2 Block 6 St. Anne's Sub. 10-22~408-018 $386.40 Biechler. Judith 2905 St. Anne Dr. Lot 1 Block 7 Mettel Brooks Addn. 10-22-335-036 $124.20 Pluym, Daniel & Susan, 2044 White S. 32' W Y2 Lot 44 LH Langworthy's Sub. 10-24-213-003 $276.00 Then. Lauretta & Richard 2062 White W % Lot 43 & S 28' W ½ Lot 42 LH Langwor~ny 10-24- 213-001 $55.20 Brashaw Paul & Kathryn 2160 St. Celia Lot 29 Block 4 Sunset Park #2 10-21-252-005 $655.04 Pards. Allen R. & Anita IV 1790 Auburr Lol 172 & N 12-1/2" Lot 171 Woodland Park Addn. 10-23-383-001 $690,00 Revered, James C. & Paula 2267 St. Celia Lei 14 BIk 6 Sunset Park #2 10-21-204-003 $368.00 Bisping, Isabelle D. 895 Lowell S. 50' Lot 22 & 23 Busemans Sub #1 10-23-235-009 $846.40 TOTAL $7.184.74 Buol movea adoption of the Resolution. Seconded by Cline, Motion carried 6-0. Dubuaue Yacht Basin Lease Amendments: City Manager recommending approval of three corrected lease amendments between the City aha Dubuque Yacht Basir ~nc., which were approved on December 17, 2001, presented and reaa. Buol moved that that communication be received and filed and approved recommendation. Seconded by Cline. Motion carried Regular Session, January 21, 2002 13 Dodds River Terminals - Lease Amendment: City Manager recommending approval of an amendment to the lease agreement between the City of Dubuque and Dodds River Terminals for rail access, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 18-02 RESOLUTION APPROVING THE FIRST AMENDMENT TO LEASE AND AGREEMENT BETWEEN DUBUQUE TWINE COMPANY AND THE CITY OF DUBUQUE DATED APRIL 10, 1979 Whereas, Dubuque Twine Company entered into a certain Lease and Agreement with the City of Dubuque (City) dated April 10, 1979; and Whereas, Dubuque Twine Company assigned the Lease and Agreement to Dodds River Terminals, Inc. (Dodds) on June 12, 1995; and Whereas, Dodds and the City desire to amend Paragraph 4 of the lease regarding the use of the City-owned railroad siding currently utilized by Dodds; and Whereas, Dodds proposes to give up and yield any right to rall access to its leased property from the City-owned railroad siding north of Dodds and also proposes that the City accept and maintain the newly-repaired south roilroad siding from the Dodds rail and dock, to the point where siding joins the Chicago Central and Pacific Railroad tracks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Lease and Agreement is hereby approved and the Mayor is authorized and directed to execute the First Amendment to Lease Agreement and Agreement attached hereto, Section 2. That the City reimburse Dodds the sum of $8,464.16 (less Iowa sales tax) for its cost in the repair of the southerly railroad siding. Section 3. The City Cierk is hereby authorized and directed to record a certified copy of this Resolution and the First Amendment to Lease and Agreement in the offices of the Dubuque County Recorder. Passed, approved and adopted this 21s~ day of January, 2002. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Authorized Depository Institutions: City Manager recommending increasing the maximum balance for the City's authorized depository institutions (Firstar Bank N.A., Dupace Community Credit Union, Premier Bank, East Dubuque Savings Bank, and Liberty Bank) from $15.000.000 to $20,000,000, presented and read. Buol moved that the communication be received and filed and approvea recommendation. Seconded by Cline Motion carried 6-0. RESOLUTION NO. 19-02 NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the aoDroval of a financial institution as a depository shal; be by wdtten resolution or order which shall be entered of record in the minutes of the aooroving boarc and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository; and Whereas, This procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institulions are approvea to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable arovisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized [o deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Depositor~ Name Location of Home Office Maximum Balance Amedcan Trust & Savings Bank Dubuque, Iowa $40.000.000 Dubuque Bank & Trust Company Dubudue. iowa $40,000.000 Firotar Bank iX A. Milwaukee. Wisconsin $20,000,000 Dupaco Community Credit Union Dubuque, Iowa $20,000,000 Premier Bank Dubuque, Iowa $20,000,000 East Dubuque Savings Bank East Dubuaue Illinois $20,000,000 Liberty Bank Des Moines, iowa -$20.000.000 Passed, approved and adopted this 21 st day of January, 2002. Ann E. Michalski, Mayor Pro-Tam Attest: Jeanne F. Schneider, City Clerk Buo] movec adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Dubuque Yacht Basin - Firotar Assignment: City Manager recommending approval of the assignment of real estate and lease agreements for the Dubuoue Yacht Basi~ to Firstar Bank, presented and read. Buo, moved that that communication be received and filed anc 14 Regular Session, January 21,2002 aDDrovea recommendation. Seconded by Cline Motion carried 6-0. Quarterly Investment Reoort: City Manager submitting me December 31. 2001 Quarterly nves[mem Report, oresented and read. Buol movec that the communication and report De received and filed Seconded by Cline. Motion carded 6-0. Four Mounas Foundation: City Manager recommending support for a grant application by the Four Mounds Foundation to the State Historical Society for repairs to the exterior of the Grey House (Conference Center/Inn), presented ana read. Buol moved that the communication De received anc filed and aDoroved recommendation. Seconded by Cline. Motion carried 6-0. Heartland Financial - Notice of No Significant Imdact: City Manager recommending approval of a combined Notice of No Significant m[~act on the Environment an(] Notice of intent to Reduest Release of Funds for the Heartland Financial USA project, presented and read. audi moved that the communication be received and filed. Seconded Dy Cline. Motion carried 6-0. RESOLUTION NO. 20-02 A RESOLUTION AUTHORIZING PUBLI- CATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR HEARTLAND FINANCIAL '~ USA PROJECT. Whereas. the City of Dubuoue entered into a Grant Agreement for the Fiscal Year commencing July I 2001. with the U,S. Deparrmem of Housing and Urban Develoomem providing for financial assistance to the City under Title I of the Housing and Community Developmem Act of 1974. as amended anc Whereas, pursuant to the rules and regulations as promu gated by the U.S. Deoartmem of Housing and Urbar Development, an environmental review nas beer processed for the Heartland Financial USA project; and Whereas. based on said environmental review. the Deoartmem of Housing and Community Develoumem nas determined that said project will ~ave no s~gnificant impact on the environment: and Whereas. a combined notice of" Finding of No Significant Impact on the Environment" aha of "intent to Request Release of Funds" for said 2roject will De sent by regular mail to various feders, slate and ocal public agencies; [o the approdriate Regional Office of [he Environmental Protection Agency, to the HUD Area Office and to the local news media. individuals and groups Known to De interested and believed to De aooroonate to receive such a notice: and Whereas. an~ and all comments received as a result of sucn notice will De duly considered before aroceeding with a Reouest for Release of Funds and Certification. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combinec Notice of Finding of No Significant Impact on the Environmenl and Notice of [ntent to Request Release of Funds for the Heartland Financia USA project and to make the Environmenta Review Record for said project available for public insoecfior and comment until 5:00 p.m. on February 11. 2002. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmemal rewew record for me 3roject shal be placed on fle in [he Office of the City Clerk where said record ma) be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuaue is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Developmen! fifteen (15) days after publication of approoriate notice a Request for Release of Funds to undertake the said prolect. Sectior 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a resoonsibie federal officia under [he Nationa Environmental Orotection Act. insofar as the drovisions of the said Act apply to the U.S. Department of -4ousing and Urban Development 'esoonsibilities for review, decision making, and action assumed and carried out by the City of Dubuoue as to environmental issues. Section 5. That the Mayor of the City of 3ubuoue is hereby authorized to consem personally, in his official caoaciry and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities ~n relation to environmental review, decision-making and action. Section 6. That the Mayor of the City of Dubuque Ge and he is hereby authorized and directed to execute a certification pertaining to the environmental review oroceaures. Passed. approved and adopted this 21~' day of January 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Regular Session, January 21, 2002 15 Agreement Between the City of Dubuque and Delta Dental Plan of Iowa: City Manager recommending approval of the Administrative Services and Financial Agreement between the City of Dubuque and Delta Dental Plan of Iowa for services related to the administration of the City's dental plan, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Ciine. Motion carded 6-0. Iowa League of Cities Conference: City Manager recommending that the City submit a bid for the Iowa League of Cities Conference scheduled for 2005 and 2006, presented and read. Buol moved that the communication be received and filed and concurred. Seconded by Cline. Motion carried 6-0. City Manager recommending approval of Permit Application to Corps of Engineers for Dubuque County Historical Socie(y Wetlands Project, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 6-0. Business Licenses: RESOLUTION NO. 21-02 BEER 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 the City and have filed proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Dubuque Discount Gas thc Dubuque Discount Gas+(Sunday Sale) 2175 Central Ave Hill Street Plaza, Inc. Oky Doky # 8+ (Sunday Sale) 535 Hill St Iowa Oil Company [CCC Speed Shoppe # 3+ (Sunday Sale) 3200 Central Ave Express Depot Inc Liquor Depot of Dubuque+ (Sunday Sale) 1620 JFK Rd Passed, approved and adopted this 21st day of January 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carded RESOLUTION NO. 22-02 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas. the Dremises to be occupied by SUCh applicants were inspected and found to comoly with the State Laws and all City Ordinances relevant thereto and they nave 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 namee applicants a Liouor License. CLASS"C~ BEER/LIQUOR LICENSE Town Clock Inn, Inc Town Clock inn 799 Town Clock Plaza Charles Steffen Tony's Place+ (Sunday Sale) 1701 Central Ave James W. Goetzinger Goetz's+ (Sunday Sale) 2776 Jackson St. CLASS "B" 0NB) WINE Express Depot Inc. Liauor Depot of Dubuque 1620 JFK Rd Passed, approved and adopted this 21s~ day of January, 2002. Ann E. Michalski, Mayor Pra-Tem Attest: Jeanne F. Schneider. City Clerk Buol moved adootion of the Resolution. Seconded by Cline. Motion carried 6-0. BOARDS/COMMISSIONS Appointments to the following Boards Commissions: HUMAN RIGHTS COMMISSION (Three vacancies for terms through 1/1/05 - tsrms of Blau, Determan. ant Sutton). Applicants: Sr. Codne Murray, PBVM; Lou Oswald; Bill Ross; Joseph Hopkins. Vote on the appointments was as follows: Cline voted for Murray, Oswald and Ross. Connora voted for Murray, Oswald and Ross. Markham voted for Murray, Oswald and Ross. Michalski voted for Murray, Oswald and Ross. Nicholson voted for Murray, Oswald and Ross. Buol voted for Murray, Oswald and Ross. Therefore, Sr. Codne Murray, PBVM, Lou Oswald, and Bill Ross appointed to three year terms which will expire 1/1/05 PLUMBING BOARD (Journeyman - Term of Papin to expire 11/2/03): Applicant: Paul Papin. Markham moved that Mr. Papin be reappointed to the Plumbing Bd. to a term to exaira 11/2/03. Seconded by Nicholson. Motior carded 6-0. 16 Regular Session, January 21, 2002 PUBLIC -IEARINGS anyone present to aaaress the Councif if they so desire. Seconded by Cline. Motion carried 6-0. Loras College - Request [o Amend the D nstitutiona District: Proof of oublication or notice of hearing to consider amending the ID nstitut anal District ocated from Henion Street to 16~ Street at the request of Loras College to allow for construction of student apartments and Zoning Advisory Commission recommending anDreva presemeo and read. Buol moved that [ne g'oof anc communication Be received and filed. Seconded ny Nloholson. Motion carried 6- An Ordinance Amending Appendix A (the Zoning Ordinancel of the City of Dubuoue Code or Ordinances ny prowolng for me amendment of Ordinance 18-00 eno approving an amended Camous Develoamem Plan for me LOreS College ID qstitutiona District. presented anc reaa. OFFICIAL PUBLICATION ORDINANCE NO. 1-02 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 18-00 AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE LOP, AS COLLEGE ID iNSTITUTIONAL DISTRICT. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sectlor 1. That Appendix A (the Zoning Ordinance of the City of Dubuaue Code of Ordinances aha Ordinance 18-00 be amended by aeop~mg a revised campus aeve~oDment man. e cop~ of which is attached to and made a par~ hereof for the Loras College iD Institutional District. to wit: LOt I of Lot 2 of Mineral Lot 90: Lot 2 of Mineral Lot 91 Lot 1 and Lot 2 of Lores College Place' Lot 1 and Lot 2 of City Lot 742: Lot 1 Lot 2 and Lot 3 of City Lot 741: Cit~ Lot 714. Lots 20 through and including Lot 33 of Levins Addition: al of [ne a~ieys in Levins Addition; Lot 15 through aha including Lot 18 of Kringle Addition: _ots 30 through and including Lot 43 of Yates Subdivision: Lots 32A. Lot B and Lot C all of Yates Subdivision: LOt I aha Lot 2 and Lots 12 through and including Lot 15, all of Henion and 3aira Subdivision: W103'-N12'-N34'6"-W105' of _or 5, S22'6"-N34'6"-W105 of Lot 5. S6'6"-W105' of Lot 5 W105' of Lot 6 and W105'-N26' of Lot 7. all in Henion and Baird Subdivisior Lots I through aha including _o[ 8 of Hodgaon Subdivision Lot A of Hodgaon Subdivision: LO[ 820 and Lot 82' of A McDaniels Subdivimon' the west 53 feet of Lo1 20 of Morgan's Subdivision. Lot 7, Lot 7A. Lot 8. Lot 2 of Lot 9. Lot2 of Lot3 and Lot 2 of Lot 4. all of Yates ane Pickett Subdivision: Lot 2 of Lot 73, Lot 2 of Lot 74. Lot 2 of Lot 75. Lot 2 of Lot 76. Lot 2 of Lot 77. Lot 2 of Lot 78. Lot 2 of Lot 79. Lots 71A. Lots 69 througt~ and including Lot 71. Lots 63 through and including Lot 67. Lot 80 and Lot 2 of Lot 81A. all of A,P. Woods Addition, and the alley from Blake Street East exceot the oortion adjoining Lot 2 of Lot 73 of A.P. Woods Addition all of Helena Street. all in the City of Dubuque, iowa. Section 2. That pursuant to Iowa Code Sectior 414.5(1993) ano as an exnress condition of amending the Loras College ID Insfitufiona District. the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and ~mposed [o satisfy the public needs that are caused directly Dy the zoning reclassification: A. Use Requlations The following regulations shall apply to all uses mace of land in the above- described iD Institutional District: ~ ~ Pdnc pal permitted uses shall be limited to: a'~ Colleges or universities b) Vocational schools c] Seminaries d) Offices for administrative personnel or other institutional employees and affiliates e! Churches. libraries and museums f) Classrooms. aboretodes, lecture halle, and similar places of institutional g~ Off-street parking and loading h) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates i) Single-family, bNo-family or multi-family dwellings for the housing of institutional residents or affiliates 2~ Accessory uses. The following uses shall be 2ermitted as accessory uses in the above- described D Institutional District: aj Located entirely within a principal building, bookstores or Bars seating not more than seventy-five (75) persons au one time and locatea not closer than two hundred feet (200') from [he nearest Residential or Office Residential District. bi All uses customarily incidenta and subordinate to the principal use it serves but not to include commercial use outside the pnnc]pal building. 3) No conditional uses shall be allowed. B. Lot and Bulk Requlations Develooment of [ana in the ID Institutional District shall De amended as follows: The PrOPOSed Garden Aoartments shall be located in conformance w~th the attached campus development plan and all final site develooment Regular Session, January 21, 2002 17 plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1) New outdoor lighting for the 3roposed Garden Apartments and reconstructed the parking lot shall use 72 degree cut-off light fixtures. 2) Landscaping shall be provided in compliance with Section 4-4 of the Zoning Ordinance. 3) All utilities, including telephone and cable television, shall be installed underground. 4) Final site development plans shall be submitted in accordance with Section 4.4 of the Zoning Ordinance. D. Parkinq Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional Distdct shall be regulated as follows: 1) That twenty-six (26) spaces shall be provided in the new parking lot between Binz Hall and the Garden Apartments. 2) That four (4) additional spaces shall be provided between Beckman and Binz Hall. 3) That eleven (11) spaces shall be reassigned from faculty/staff to student parking in the Hoffman Hall parking lot. 4) A minimum of 1,075 off-street parking spaces shall be maintained for the Loras College Institutional District. 5) Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted thstitutional district requirements. E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. F. Siqn Requlations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards 1) That all previously approved campus development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include [ne transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the estab]isnmenl of the district. I. Modifications Any modifications of this Ordinance musl be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance, J. Recordinq 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 ear[ of this reclassification approval after the adoption of this ordinance. This ordinance shale be binding upon the undersigned and all his/her heirs, successors and assignees, Section 3 The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shal! take effect immediately upon publication, as provided by law. Passed. approved and adapted this 21st day of January, 2002. Ann E. MichalskL Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk ACCEPTANCE OF ORDINANCE NO. 1-02 I, Joseph F. Gower. President. Loras College, having read the terms and conditions of the foregoing Ordinance No 001-02 and being familiar with the conditions thereof hereby acceat the same and agree to the conditions required therein. Dated this 24th day of January, 2002. By:/s/Joseph F. Gower President Published officially in the Telegraph Herald newspaper this 1 s~ day of February, 2002. Jeanne F, Schneider, City Clerk 1 t 2/1 Buol moved ~at the requirement that a proposed Ordinance be considerap and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended ana further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 6-0. White Street Reconstruction Project: Proofs of publication on notice of headng on plans and specifications, and notice to bidders on the receipt of bids. and City Manager recommending adoption of the plans and specifications and that a second public hearing and award of the contract be scheduled for February 18, 2002: Communication from Ena :~ae-Lienne Porter, 2268 White Street. expressing concern regarding the cost of the Improvement: Communication frorr Brenda Lee Thurston Burke. objecting to the public improvement assessment for reconstruction of White Street; 18 Regular Session. January 21, 2002 Communication from Karen M. and Mark J Kuhle regarding the White Street reconstructior project; Communication of Ellis Swartz 2665 Jackson Street: Communication of Louise We~u 3103 White Street: ann Communication of Raymonn O'Br en 2760 Central. objecting to tne assessmems for the "econsrrucnon ol White Street presented ann read. Nicholson moved ina[ me Proofs and communications be receivec and filed. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 23-02 RESOLUTION RESCINDING RESOLUTION NO. 554-01 AND ADOPTING 11'4 LIEU THEREOF A NEW SCHEDULE OF PRELIMINARY ASSESSMENTS FOR WHITE STREET RECONSTRUCTION - 21ST TO 32ND STREET PROJECT Whereas the City Counci~ oassed :~esolut[o~ No 554-01. dated December 17. 2001 aoorowng [ne Preliminary Schedule of Assessments for the reconstruction ol White Street - 21s~ to 32~ Street: ano Whereas t nas Dean determined that the Schedule of Assessments contained calculation errors which need to be corrected. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUSUQUE IOWA: That the following Preliminary Schedule of Prooosea Assessments. as shown on the a~[acneo sheets. 1 to 5 inclusive, are hereby determined [o De the Schedule of Proposed Assessments for the Feconstruction of White Street - 21s~ to 32"° Street and the valuations set herein are hereby approved. Passed. aDnroved and adopted this 21s' day of January, 2002. Ann E. Michalski. Mayor Pro-Tern Attest Jeanne F Schneider. City Clerk Nich ~Ison moveo acootion of the :~esolution Rescinding me preliminary schedule of assessments anc approving a revised areliminary schedule of assessments Seconded ny Buo[ Motion carried 6-0. RESOLUTION NO. 24-02 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WHITE STREET RECONSTRUCTION - 21sT TO 32ND STREET Whereas the City Council has proposed a Resolution of Necessity for the White Street Reconstruction - 21~ to 32nd Street Project has given notice of the oublic headng thereon as reouired By ~aw: anc Whereas. the PUBLIC hearing has been held. all 3ersons offering objections nave Dean heard ana consideration g~ven to al objections and is pending 3efore this Council: and Whereas. this is [ne time and place set as Brovided for the taking of action on the proDosec Resolution of Necessity. NOW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the DrODosea Resolution of Necessity described above is hereby: Adooted. without amendment, and ail objections filed or made having Been dully considered are overruled. Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a Dart hereof by reference. Ail objections filed or made having been duly considered are overrulea. x Deferred for ~ater consideration to a Cit~ Council meeting to be held on the (]ay of February, 2002. next at 6:30 p.~' in the Public L~Drary Auditorium. with _urisdiction retained for further consideration and action at the adjournec meeting. Abandoned Passed, adooted and approved this 21s' day of ,January, 2002. Ann E. Michalski. Mayor Pro-TeE Attest: Jeanne F. Schneider. City Clerk Nicholson moved adoption with the Resolution resoect to the adoption of the Resolution of Necessity proposed for the White Street Reconstruction Project (with Option Three}. Seconded by Buol. Motion carried 6-0. 515 Garfield Avenue - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 515 Garfield Avenue from R-2A Alternate Two- Family Residential 3istdct to OR Office Residential District as reauested by Scott Potter and Zoning Advisory Commissior recommena~ng aDoroval, presented and reaa Markham movea tna~ ~ne croof ant communication be received and filed. Secondec by Cline. Motion carried Scott Potter 17121 Freune Rd.. saoKe in favor of the proeosed rezoning. An Ordinance Amending Appendix A fthe Zoning Ordinance~ of the City of Dubucue Code of Ordinances by reclassifying hereinafter described proper~y located at 515 Garfield Avenue from R-2A Alternate Two-Family Residential Distdct to OR Office Residential District. presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 2-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI- Regular Session, January 21, 2002 19 BED PROPERTY LOCATED AT 515 GARFIELD AVENUE FROM R-2A ALTERNATE TVVO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2A Alternate Two-Family Residential District to OR Office Residential District, to wit: Lot 1 of Lot 2 of Lot 3 Mineral Lot 113A and Lot 1 of Lot 2 of Lot 2 Mineral Lot 113A, and to the centerline of the adjoining public fight-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 t~ke effect immediately upon publication, as provided by- law. Passed, approved and adopted this 21st day of January, 2002~ Ann E. Micha[ski, Mayor Pro-Tam Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28th day of January, 2002. Jeanne F. Schneider, City Clerk It 1/28 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by CIine. Motion carded 6-0. Holliday Ddve - Request to Amend the Planned Unit Development: Proof of publication on notice of headng to consider amending the Planned Unit Development at the southwest corner of Asbury Road and Holfiday Ddve as requested by A.J. Spiegel and Dr. Timothy Quagliano and Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carded 6-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 2(C)(2} of Ordinance No. 15-99 and enacting a new Section 2(C)(2) in lieu thereof pertaining to access requirements of the PC Planned Unit Commercial District for QHQ Properties, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 3-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE1 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 2(C)(2) OF ORDINANCE NO. 15-99 AND ENACTING A NEW SECTION 2(C)(2) IN LIEU THEREOF PERTAINING TO ACCESS REQUIREMENTS OF THE PC PLANNED COMMERCIAL DISTRICT FOR QHQ PROPERTIES. Whereas, Ordinance No. 15-99 was adopted on November 1, 1999, by the City Council establishing the PC Planned Commercial Distdct for QHQ Properties. and Whereas, QHQ Properties. inc. nas requested an amendment to the PUD Ordinance regulating access requirements in the PC Planned Commercial District for QHQ ProPerties. NOW, THEREFORE BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) is hereby amended by repealieg Section 2(C)(2) of Ordinance No. 15-99 and enacting a new Section 2(C)(2) in lieu thereof, as follows: 2(C)(2) The first public street shall be constructed concurrent with the develoement of Lots 1,2 and 3. Section 2. The foregoing amendmenl has heretofore been rewewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided Dy Jaw. Passed, approved and adoated this 21st day of January, 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 3-02 I, Dr. Timothy Quagliano, representing QHQ Properties, pmper~y owner, having read the terms and conditions of the Ordinance No. 003- 02 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated this 21st day of January, 2002. /s/Dr. Timothy Quagliano Published officially in the Telegraph Herald newspaper this 4'n day of February, 2002, Jeanne F. Schneider. City Clerk lt2/4 Buol moved that [he requiremen[ 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 eno passage of the Ordinance. Seconded by Nicholson. Motion carded 6-0. 20 Regular Session, January 21. 2002 Dubuque Jaycees/Peosta Channel Trail Project Proofs of publication on notice of nearing on D~ans ano seecifications ano nobce to bidders on the 'ocelot of bids and City Manager recommending that the City proceed w~tr the project, presenteo ano road. Nicholson movec that the erects ana communicatior De receweo ano filed. Seconded oy Cline. Motion carried 6-0, RESOLUTION NO. 25-02 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 20th da/of December. 2001 elans specifications form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Dubuque Jaycees/Peosta Channel Trail Project. Whereas. notice of nearing on Dlans specifications form of contract, and estimateo cost was published as required by law, NOW THEREFORE. BE IT RESOLVED BY THE CITv COUNCIL OF THE CITY OF DUBUQUE IOWA: That the said alans, specifications form of contract and esbmated cost are hereby aDeroveo as the plans, seecifications, form of contract ano estimated cost for sa~d improvements for said proiect. Passed approved and adoDteo this 21st day of January, 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Nicholson moved adoption of the Resolution. Seconded by Cline. Motion carded 6-0. Por~ of Dubuque Utility Relocation and Extension Project: Proofs of aublication on notice of heanng on Blahs aha specifications aha nonce to bidders on the receipt of bids, aha City Manager recommending award of the contract for me Pod of Dubuque Utility Relocation aha Extension Project to Fischer Excavating, inc.. in the amount of $908,591.98. presented and read. ~4arkham moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 6-0, Rod Tschiggfrie 4105 Thunder Ridge Rd. of Tschiggfrie Excavating Co.. spoke of concerns with me D~a letting aha stated clarification is necessary n the bid specs ano that the Vision Iowa Funds shou~o ee meant for Iowa. Wayne Fischer of Fischer Excavating, sooke stressing he is a responsible contractor, and that their subcontractors are from Iowa, City Manager Van ~4illigen seoke stating that no Visior Iowa money is being usea q this project. RESOLUTION NO. 26-02 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 12~" day of December. 2001. plans, specifications form of contract and estimated cost were filed witl' the City Clerk of Dubuque, ~owa for the Port of Duouque Utility Relocation and Extension Pro. oct - Phase Il. Whereas. notice of hearing on plans specifications form of contract, and estimated cost was published as required by law. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: That the said plans, seecifications, form of contract aha estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed. approvea and adopted this 21s, day of January, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Markham moved aaoption of the Resolution, Seconded ay Nicholson. Motion carried 6-0. RESOLUTION NO. 27-02 AWARDING CONTRACT Whereas sea,aa proposals nave been SUDmI'EeQ by contractors for Port of Dubuque Utility Relocation and Extension Project- Phase II, pursuant to Resolution No. 561-0' and notice to bidders oublished in a newspaper published in the City of Dubuque, Iowa on the 21s' day of December. 2001. Whereas said sealed proposals were ooeoed aha read on the 10th day of January, 2002. and it nas been determined that the bid of Fischer Excavating, Inc. of Freeport. Illinois. ir the amount of $908.591.98 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the clans and specifications. NOW THEREFORE. BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the contract for the above improvement be awarded to Fischer Excavating, loc. 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 approve of the contractor's bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed. approved and adonted this 21s' day of January, 2002. Ann E. Michalski. Mayor Pro-TCm Attest: Jeanne F. Schneider. City Clerk Markham move(] adoption of the Resolution. Seconded b} Nicholson Motion carded 6-0. Watermain and Road Extension from Chavenelle Road at Radforc Road to the Regular Session, January 21, 2002 21 industrial Park: Proof of publication on notice of hearing to consider approving a proposed public improvement project to construct the Chavenelle Road watermain extension and to acquire property for the extension of Chavenelle Road, and to acquire agricultural land for the project and City Manager recommending adoption of the resolution approving construction of the Chavenelle Road watermain extension and acquisition of property for the extension through condemnation if necessary, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 28-02 RESOLUTION APPROVING A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT THE CHAVENELLE ROAD WATERMAIN EXTENSION, TO ACQUIRE PROPERTY FOR THE EXTENSION OF CHAVENELLE ROAD, AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT Whereas, the City Council of the City of Dubuque has considered a proposed public improvement project to construct the Chavenelle Road Watermain Extension and to acquire property for the extension of Chaveneile Road; and Whereas, the proposed project may require the acquisition of agdcoltut'a] land by condemnation; and Whereas, Iowa Code Chapter 6B requires the City to set a time and place for a public hearing on the proposed project and to provide notice to each owner of such agdcoItural land that may be the subject of condemnation; and Whereas, a public hearing was held on January 21, 2002, after notice thereto of the owners of such land. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the public improvement project to construct the Chavenelle Road Watermain Extension and to acquire land for the extension of Chavenelle Road through a portion of the NW ¼ SW ¼ Sec. 29 89N R2E 5~h P.M. Section 2. That the Corporation Counsel and the City Manager are hereby authorized to acquire the property for the construction of the project, including acquisition of the land by condemnation, if necessary. Passed, approved and adopted this 2¢t day of January, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by BuoL Motion carried 6-0. Planned Unit Development District - Text Amendment: Proof of publicatior on notice of hearing to consider an amendment to Section 3- 5.5(B) Planned Unit Development of the City of Dubuque Code of Ordinances as requested by the City of Dubuque and Zoning Advisory Commission recommending approval, presented and read. [3uol moved that the proof and communication be received and filed. Seoondec by Cline. Motion cardeo 6-0. An Ordinance Amending Appendix A {the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section 3~5.5fB) and adopting a new Section 3-5.5(b) in lieu thereof per[aining to general requirements of Planned Unit Developments. oresented and read. OFFICIAL PUBLICATION ORDINANCE NO. 4-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 3-5.5(B) AND ADOPTING A NEW SECTION 3-5.5(B) IN LIEU THEREOF PERTAINING TO GENERAL REQUIREMENTS OF PLANNED UNIT DEVELOPMENTS. Whereas, the City Council established the Planned Unit Development (PUD) District to encourage flexible and innovative design: and Whereas, the City Council finds that requinng common ownership in a PUD is inconsistent with the general purpose of intent of this district. 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 repealing Section 3-5.5(B) and adopting the following new Section 3-5.5(B) in lieu thereof: General Requirements: A PUD may be established on any pamel over two (2) acres for residential, office, commemia] or industrial development. A PUD is required for all department stores over sixty thousand (60,000) square feet of building area, regional shopping centers, ali muJti-family structures over twelve (12) units per building, and for all new industhal parks and all new office parks. The City of Dubuque may reouest or require a PUD classification. Such PUD distdct designation(s) shall be shown on the official zoning map as a P followed by a letter designating the primary use. C (Commercial), O (Office}, (Industrial) or R (Residential): therefore, snowing a PR. PO, PI or PC designation. Section 2. This ordinance nas heretofore oeen reviewed by the Zoning Advisory Commission of the City of Dubueue. Iowa. 22 Regular Session, January 21,2002 Section 3. This ordinance shall take effect immediate y upon publication, as provided dy Passed aBE 'oved and adopted this 21st day of January, 2002 Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider City Clerk Published officially r [ne Telegraph mera~c newseaeer this 28~ da) of January, 2002. Jeanne F. Schneider. City Clerk It 1/28 Buol movec thai tne requirement that a eroposed Ordinance be considered and voted on for passage at two Council Meetings prior to me meepng at which it is to be finally passed be suspended and further moved final consideraeon and passage of [he Ordinance. Seconded by Cline. Motion carried 6-0. Buol moved that the rules be reinstated limiting d~scusslon [o [ne Council. Seconded ey Cline. Motion carried 6-0. ACTION TEMS Greater Dubuque Develooment Corporation: Rick Dickinson Executive Director of GDDC. to Dresere [neff euarzer y repor[ - this item removed from the Agenaa. mousing Authority Governing Board: City Manager recommending approval of an amendment to the Code of Ordinances to create a municipal housing agency governing 3card for administration of the City's federal Section 8 rental assistance 3rogram, presented and read. Buol movee that the communication be received and filed. Seconded Dy Markham. Motion carried 6-0. An Ordinance Amending Chapter 15. Community Development. of the City of Dubuque Code of Ordinances by repealing Article I Low-Renl Housing, Division Generally, Section 15-11. Designabon of Mun~ciDa Housing Agenc'~ one adopting a new Article MuniciPal Housing Powers. Division 1 Municipal Housing Agency, Section 15-11 Municlpa Housing Agency ane Governing Board: and by repealing Section 15-12. Housing Program Supervisor eresentee and read. OFFICIAL PUBLICATION ORDINANCE NO. 5-02 AN ORDINANCE AMENDING CHAPTER 15, COMMUNITY DEVELOPMENT, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING ARTICLE II, LOW-RENT HOUSING, DIVISION I. GENERALLY, SECTION 15-11 DESIGNATION OF MUNICIPAL HOUSING AGENCY. AND ADOPTING A NEW ARTICLE II MUNICIPAL HOUSING POWERS, DIVISION 1, MUNICIPAL HOUSING AGENCY, SECTION 15-11 MUNICIPAL HOUSING AGENCY AND GOVERNING BOARD; .AND BY REPEALING SECTION 15-12, HOUSING PROGRAM SUPERVISOR. Now. therefore be I1 enactea by the City Council of the City of Dubuque, Iowa as follows: Section 1 ARTICLE 11. :)ivision 1 Sections "~ and 15-12 of Chapter 15 of the City of Dubuaue Code of Ordinances are nereDy repealed and the following new article, division and sections are adopted: ARTICLE I[. MUNICIPAL HOUSING POWERS DIVISION 1. MUNICIPAL HOUSING AGENCY Sec, 15-11 Vlunicipal housing agency aha governing board: (a) The City Council has determined it to be in [he eublic interest for the city to directly exercise its municioal housing powers under Iowa Code qnaater 403A. The city is the designated municipal housing agency for the city and shall exercise all the dowers as are provided for in Iowa Code chapter 403A. The governing body of [he municipal housing agency shal be the municipa housing governing board, referred to in this cnaDter as the "governing board", consisting of the City Council and one member aDDointed as orovided n paragraph (b). The governing board shal comply with the procedural rules of the City Council and shall have final .urisdiction over all matters of the municipal housing agency. The City Manager is authorized to direcl administer, aha manage the agency through the Department of Housing and Community Development. (b) The appointed member of the governing beard shall De the member of the Housing Commission appointed pumuant to Section 15- 23(e). (c) The Mayor shall preside at all meetings of [he governing board aha shat execute agreements, deeds aha other documents as Mayor of the City of Dubuque. Section. 2. This ordinance shall be in full force aha effect from aha after its passage and publication as 3rovided by law. Passec approved and adopted this 21s, day of January 2002. Ann E MichalskL Mayor Pro-Team Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28~h day of January, 2002. Jeanne F. Schneider, City Clerk It 1/28 Buol moved that the requirement that a pmposea Ordinance be considerea and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended ana further moved final consideration ant passage of [he Ordinance. Seconded by Markham. Motion carded 6-0. Regular Session, January 21, 2002 23 Comprehensive Annual Financial Report (CAFR): City Manager submitting the Fiscal Year 2001 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and Response to Management Letter, presented and read. Cline moved that the communication be received and filed. Seconded by Duel. Motion carried 5-0 with Nicholson temporarily out of the Chambers. Sunset Ridge: Communication from Douglas Henry requesting that Sunset Ridge be declared a public street and related correspondence, presented and read. Attorney Doug Henry, 151 W. 8th St,, speaking on behalf of several property owners, requested that this street be declared a public City street. Cline moved to receive and file the communication. Seconded by Nicholson. Motion passed 6-0. Markham moved that Sunset Ridge be accepted as a public street and incorporated within the City. Seconded by Buck Vote on the motion was as follows: Yeas-Duct, Markham. Nays-Cline, Conners, Micha[ski, Nicholson. Motion Failed. Nicholson moved to direct Corporation Counsel to negotiate a fifty/fifty spilt of reconstruction cost with property owners if the City were to accept the street as a public street and if this was not successful, to take the matter to District Court for a decision. Motion died due to lack of a second. Cline moved to refer the matter to staff. Motion died due to lack of a second. Markham moved to table the matter. Seconded by Duel. Vote on the motion was as follows: Yeas--Duel, Cline, Conners, Michalski, Markham. Nays-Nicholson. Motion passed 5-1. Way-Finding Signage: City Manager recommending approval of the Way-Finding Signage Task Force recommendations with modifications, presented and read. Nicholson moved that the communication be received and filed and recommended approval of the Task Force's recommendation as to the "Grandview District" rather than the alternate "College District." Seconded by Bec[. Carded by the following vote: Yeas--Conners, Markham, Michalski, Nicholson, Duel. Nays-Cline. National League of Cities: Communication from the National League of Cities appointing Council Member Dan Nicholson to the 2002 Information Technology and Communications Steering Committee and requesting that he accept the appointment, presented and read. Duo! moved that the communication be received and filed and approved the appointment. Seconded by Conners. Motion carried 6-0. iowa League of Cities: Communication from Iowa League of Cities appointing Council Member Patdcia Cline to serve as one of Iowa's representatives on the Public Safety and Cdme Prevention Policy Committee, oresented and read. Duel moved that the communication De received and filed and approved the appointment. Secondee Dy Conners. Motion carried 6-0. Rail Feasibility Study: City Manager recommending that s 9or~on of Fiscal Year 2002 funds programmed Dy Keyline Transit as the local match for trolley vehicles be redirected as the matching funds for the Rail Feasibility Study, which has been approved for funding by Congress, presented and read. Cline moved that the communication be received and filed and approved the recommendation. Seconded by Nicholson. Motion carried 6-0. Fiscal Year 2003 Operating Budget and Capital Improvement Program: City Manager presenting the Fiscal Year 2003 Operating Budget and Capital Imorovement Program. presented and read. Cline movee that the communication be received and filed. Seconded by Nicholson. Motion carried COUNCIL MEMBER REPORTS Markham requested an update on the hidng of a Library Director. ITEMS TO BE SET FOR PUBLIC HEARING Bond Sale to Support Main Street Reconstruction Project: City Manager recommending that a public hearing be set for Monday, February 4, 2002 to consider the sale of $1,000,000 General Obligation Bonds. Sedes 2002, presented and read. Duel moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 29-02 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE. IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa. should ~ssue General Obligation Bonds to the amount of not to exceed $t,000,000 as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an 24 Regular Session, January 21 2002 essentia, coraora[e purpose project as hereinafter described: aha Whereas before Said bonds may be issued, it is necessar~ to COmDI~ with the ProvIsIOnS Of sa~o Code aha to Dublist~ a noaoe of [ne eroDosa~ to issue such DOR(]S and of the time and place of the meeting at which the Council proposes to take action for the issuance of the obiections from any resident or property owner of said City To SUCh action. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ~UBUQUE. OWA Section 1. That this Council 'neet in [he Auditorium. Carnegie Stout Public Library Dubu(~ue Iowa. at 6:30 o'clock P.M. on the 21~ aay of January. 2002. for the purpose of taking action on me matter of the ssuance of not to exceee $1.000.000 General Obligation Bonds for an essential coroora[e purpose of said City, [ne Droceeas of which bonds wil De used tO provide funds to pay costs of construction and reconstruction of street, sidewalk. Jtility and s[reemcape improvements relabng to the opening of Main Street from 5~n to 9~n Streets. Section 2. That [ne Clerk is nereny o~recteo [o cause a[ least one oublioation to be made of a qo[~ce of said meeting, in a legal newspaper, DnnteD wnoll~ ~r [ne EngJish language, c Jblished at least once weekly and having general circulation in said City.. said oublication [o Be no[ less [nan four clear days nor more than twenty days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposeo action to ~ssue said bonds shall ~e in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CiTY OF DUBUQUE. IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1.000.000 GENERAL OBLIGATIOI~ BONDS [FOR AN ESSENTIAL CORPORATE PURPOSE} OF SAID CITY. AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC ~OTICE is hereby g~ven that the Council of the City of Dubuque, ~owa. will hold a aua~c neanng on the 4th day of February, 2002, at 6:30 o clock P.M. in the Auditorium. Carnegie Stout Public L~Drary, Dubuque, Iowa. at which meeting the Council Droaoses to take additional acbon for the issuance of not to excee(~ $1.000.000 General Obligation Bonds for an essenua~ corporate purpose of said City, in crept [o provide funds [o pay costs of construction and reconstruction of street, sidewalk utility and s[reetscape improvements relating [o the opening of Main Street from 5 to 9 Streets. At the above meeting the Council shall receive ora~ or written objections from any resident or property owner of said City, to the above action After al objections have been received anc considered, me Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonos or will abandon tne proposal to issue said Donas. This notice is g~ven Dy order of the Council of Dubuque, Iowa. as provided Dy Section 384,25 of the Cit~ Code of Iowa. Dated this 21s' day of January, 2002. /s/Jeanne F. Schneider. City Clerk of Dubuque, iowa (End of Notice) Passed. approved ano aoopted this 21"' day of January, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution and further set this for Public Hearing on 2/4/02 at 6:30 P.M. in the public library auditorium one that the City Clerk publish notice in the manner 3rescribed By law.. Seconded by Nicholson. Motion carried 6-0, Downtowr Urban Renewal: City Manager recommending adoat~on of a Resolution of Necessity finding that an Amendment to the Urban Renewa Plan for the Downtown Urban Renewal Distdct s necessary and setting a public neanng for April 1. 2002. presented and FeaQ. ~UOI moved mat the communication De receivec and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 30-02 A RESOLUTION OF NECESSITY FINDING THAT THE EXPANSION OF THE DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT IS AN AREA MEETING THE DEFINITIONS OF BLIGHT AND ECONOMIC DEVELOPMENT AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY'OF DUBUQUE, IOWA. Whereas the City Council of ti~e City o~ Dubuque has determined that the fur[her expansion of [ne Downtown Dubuque Urban Renewa District will provide redeveloemen~ opportunities which will further [ne purposes ano objecbves of the Downtown Dubuoue Urban Renewal Plan: and Whereas. the City Council has found that the proposed expansion area meets the definition of an economic development ares as found in Chapter 403 "Urban Renewal" of the Iowa Code: eno Whereas. Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council 'nust adopt a resolution of necessity finding that the area in auest~on is 8 slum. blighted or economic develooment area. and that so designating SUCh area ~s aecessary in the interest of the public Regular Session, January 21, 2002 25 health, safety or werfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described area, which is proposed to be added to the Downtown Dubuque Urban Renewal District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit: Commencing as a point of reference at the intersection of the centerline of 9th Street with Locust Street, said point being the point of beginning: thence northwesterly along the cantedine of Locust Street to the centedine of 14th Street; thence northeastedy along the centedine of 14~h Street to the centedine of Central Avenue; thence southeasterly along the centedine of Central Avenue to the centar[ine of 10th Street; thence southwesterly along the northerly boundary of the existing Downtown Dubuque Urban Renewal District to the point of beginning, containing'30 abres more or less; all located in Section 25, Township 89 North, Range 2 East, 5th P.M., Dubuque County, Iowa and including any adjoining public right-of-way (hereinafter, the "Expansion Area"). Section 2. That the development of the Expansion Area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public headng on the adoption of an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District to be held on April 1, 2002 at 6:30 p.m. in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the area covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mai] a copy of said notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. Passed, approved and adopted this 21st day of January, 2002. Ann E. Michalski, Mayor Pro~Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for Public Hearing on 4/'1/02 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescdbed by law. Seconded by Nicholson. Motion carded 6-0. Rezoning Request of Dennis and Lori Anseh City Manager recommending that the public headng to consider the rezoning request of Dennis and Lcd Ansel, which was tabled on October 16, 2000, be reset for hearing on February 4, 2002, presented and read. Buol moved that the communication be received and filed and set this for Public Hearing on 2/4/02 at 6:30 P.M. in the public library auditedum and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 6-0. Hazard Mitigation Plan Task Force: City Manager recommending that a public hearing be set for February 4, 2002 to consider the City's Hazard Mitigation Plan as developed by the Hazard Mitigation Plan Task Force, presented and read. Buol moved that the communication be received and filed and set for Public Hearing on 2/4/02 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 Nicholsoo. Motion carried 6-0. Cottingham and Butler - Irrevocable License: City Manager recommending that a public hearing be set for February 4, 2002 to consider disposing of City-owned property to Cottingham and Butler to construct an unaerground tunnel the public right-of-way from their current building to their buildings at 823 and 835 Main Street, presented and read. Buol moved thal the communication be received and filed. Seconded by Nicholson. Motion carried RESOLUTION NO. 31-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN A PORTION OF MAIN STREET BETWEEN 8TM & 9TM STREETS IN THE CITY OF DUBUQUE, IOWA Whereas, Co~ngham & Bufier. Inc. desires to construct an underground tunnel between its two building locations from 151 West 8th Street to 823 and 835 Main Street: and Whereas, p~ans have been submitted to the City by Straka-Johnson Architects. PC. and have been approved Dy the Building Services Department and the City Engineering Division; and Whereas, the City Councii of [he City of Dubuque, Iowa, has determined that this underground portion of Main Street is not required for public use, and the request for an 26 Regular Session, January 21, 2002 easement for construction of sale tunnel should De aDDroved. NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That me City of Dubuaue. intends To issue a DermanenT easement [o Cottingnam & Butler. Inc. for the construction of a new tunne unaer Main Street from 151 West 8~ Street to 823 and 835 Main Street Sectior 2. That [ne conveyance of the easement [o Cottingham & Butler Inc. De con]:mgem UDOn the payment of one dollar ($I.00), plus platting, publication, and filing fees. Section 3. That the City of Dubuque reserves unto itself the eereetual right for the eurpose of erecting [nstaJlin§, constructing, reconstructing, maintaining, 'eea~ring, owning, operating aha repamng water, sewer, drainage, gas, telephone, t.v.. cable, and eJectrical lines above or Deiow said tunnel as such utilities may De authorized by the City of Dubuaue and as woulc not interfere with the existence of the tunnel. Section 4. That the City Clerk be and is hereby authorized and directed To cause a Notice of Intent ]:o dispose of said real esTaTe by irrevocable License to De ouDiisnea n ]:ne manner as described b~, law. Passed. approved and adoD[ea this 21s' day of January, 2002 Ann E Michalski. Mayor Pro Tom Attest: Jeanne F. Schneider. City Clerk Buol movec adopbon of Tne Resolution aha fur[her set this for Public Headng on 2/4/02 at 6:30 P.M. in [ne public library auditorium aha that the City Clerk publish notice in the manner arescribed by law. Seconded ay Nicholson. Motion carried 6-0. PUBLIC INPUT :~ichard Kieffer. 2260 White St.. spoke of difficulty getting through the non-emergency Dnone numbers at the Dispatch Center. There being no further business Buol movec to adjourn. Seconded by Cline. Motion carried 6- 0. The meeting aojoumed at 9:04. It 1/30 /s/Jeanne F. Schneider Cit~ Clerk Approved: May 20, 2002 Adopted: May 20, 2002 /s/ Terrance M. Duggan Mayor /s/ Patricia Cline /s/ Ann E. Michalski /s/ Joyce Connors /s/ John H. Markham /s/ Roy D. Buol /s/ Dan Nicholson Council Members Attest: /s/ Karen M. Chesterman Deputy City Clerk Council Members