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Council Proceed February 02Special Session, February 4, 2002 27 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Special Session, February 4. 2002 Council met for Dinner at 4:30 P.M. in the Second Floor Library Rotunda Council met in Special Session at 5:00 P.M. in the Third Floor Library Auditorium Present: Mayor Duggan, Council Members Buo[, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Miiligen, Corporation Counsel Barry LindahL Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing Port of Dubuque Design Standards. City Staff presented various aspecm of the design standards. Bob Kost of URS/BRW and Anne Ricker of Leland Consulting spoke reviewing the Design Standard booklet for the Port of Dubuque. Specifics concerning the correct name for the Education and Conference Center, the 10 story height, and details of landscaping, snow// removal, signage and parking were discussed. There being no further business, Cline moved to adjoum. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 6:28 P.M. 2002 2002 / ,d~;ity Clerk Is/Jeanne F. Schneider, CMC City Clerk It 2/13 Approved July 1, 2002 Adopted July 1, 2002 /s/ TErrance M. Duggan /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jeanne F. Schneider 28 Regular Session, February 4, 2002 DUBUQUE ClTY COUNClL OFFICIAL PROCEEDINGS City Counci Regular Session. February 4, 2002 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connom, Markham, Michalski, 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 properly, come before the Council. Invocation was given by Deacon Paul Peckosh of St. Raphael's Cathedral. CONSENT ITEMS Minutes Submitted: Building Code Board of Appeals of 1/17: City Council of 1/21; Electrical Code Board of 1/14; Five Flags Commission of 1/14; Historic Preservation Commission of 1/17; Housing Commission Trusl Func of 1/24; Human Rights Commission of 11/5/01 and 12/10/01; Investment Oversight Commission of 1/17; Park and Recreation Commission of 12/11; Transit Board of 1/10; Zoning Board of Adjustment of 1/24. presented and read. Buol moved [hat the minutes be received and flied. Seconded by Markham. Motion carded 7~0. Proof of publication of City Council proceedings of 12/27 and 1/7; proof ol publication of list of claims and summary of revenues for the month ending November 30, 2001, presented and read. Buol moved that the proofs be received and tiled. Seconded by Markham. Motion carded 7-0. investment Oversight Commission submitting their 35~ quarterly report, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 7'-0. Substance Abuse Services Center Second Quarter Report for Fiscal Year 2002, presented and read. Buol moved that the communication be received and filed. Seconded by ~4arkham, Motion carried 7-0. Notice of Claims/Suits: Frederick D. White in undetermined amount for proper~ aamage, presented and read. Buol moved that the claim be referred [o the Legal Staff for investigation and reoort. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the following claims have been referred to ~ublic Entity Risk Services of Iowa. the agent for the Iowa Communities Assurance Pool: Farm Bureau Mutual Insurance for vehicle damage/personal injury and Carol Ernst for vehicle damage, presented and read. Buol moved that the communication be received and filed ann concurred. Seconded by Markham. Motion carried 7-0, Corporation Counsel recommending settlement of the claim of David P. Draper for vehicle damage in the amount of $629.04 and that the Finance Director be directed to ~ssue payment, presented and read. Buo[ moved that the communication be received and filed and concurred and Finance Director to issue proper check. Seconded by Markham. Motion carried 7- 0. Highway 20 Landscaping Project Agreement for STP Funding: City Manager recommending approval of an agreement with the owa Department of Transportation for Phase I[ of the Highway 20 landscaping project in the amount of $100,000, presented and read. Buol moved that the communication be received and tiled. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 32-02 APPROVAL OF AGREEMENT FOR STP FUNDING BE T RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the agreement for STP Funding with the iowa Department of Transaortation for $100,000 to be used on Phase II of the Highway 20 Landscaping Project is approved and the Mayor is authorized to sign the agreement. Passed, approved and adopted this 4'~ day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. 2001 Certified Local Government (CLG) Annual Report: City Manager submitting the 2001 Certified Local Government (CLG) Annual Report as required by [he State Historical Society, presented and read. Buol moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0. 2001 Curb Ramp Installation - CDBG No. 2 Project Accep[ance: City Manager recommending acceptance of the 2001 Curb Regular Session, February 4, 2002 29 Ramp Installation - CDBG No. 2 Project in the final contract amount of $19,346.59 as completed by Superior Construction. presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 33-02 ACCEPTING IMPROVEMENT Whereas. the contract for the 2001 Curb Ramp installation - CDBG No. 2 Project has been completed and the Cit~ 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 eno that said improvement be and [he 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 2002 Community Development Block Grant Funds in amount equal to the amount of his contract, less any retained pemectage provided for therein. Passed. approved and adopted this 4~n day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cit~ Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 34-02 FINAL ESTIMATE Whereas. the contract for the 2001 Curb Ramp Installation - CDBG No. 2 Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cos~ of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the cost of said improvements is hereby determined to be $19,346.59 and the said amount shall be paid from the Fiscal Year 2002 Community Development Block Grant Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 4TM day of February, 2002. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 7.0. Locust Street Connector: City Manager recommending approval of a cooperative agreemen[ between the City and [he iowa Department of Transportation for reconstruction of the Locust Street and the Locust Street Connector intemectio~, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 35-02 RESOLUTION APPROVING COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) AND THE CITY OF DUBUQUE RELATING TO THE RECONSTRUCTION OF LOCUST STREET AND THE LOCUST STREET CONNECTOR Whereas, [he Iowa Department of Transportation and the City of Dubuque are proposing to reconstruct the southeast corner of the intersection of Locust Street and the Locust Street Connector; and Whereas, Agreement No. 6-01-USTEP-20 with the Iowa Department of Transportation outlines the responsibilities of IDOT and the City relating to the construction project anC ~roviding for Urban State Traffic Engineering Program (U- STEP) cost participation in the project; and Whereas, the City of Dubuque approves the terms and conditions of said cooperative agreement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement No. 6-01- USTEP-20 consisting of an agreement for the reconstruction of the southeast comer of the intersection of Locust Street and the Locust Street Connector. Section 2. That the Mayor be authorized and directed to execute two copies of this agreement and forward the executed copies [o the Iowa Department of Transportation for their a,Pu~proval, Passed, approved and adopted this 4 day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham, Motion carded 7-0, Penalfies for Tobacco Permit Holders: Oity Manager recommending that a hearing be set for February 18, 2002 to consider assessing civil penalties against nine tobacco permit holders, presented ant read. Buol moved [hat the communication be received and filed and set Hearing for 2118102. Seconded by Markham. Motion carried 7-0. Annual Renta! Survey: City Manager submitting the results of the Annual Rental Survey, presented and read. Buol moved that the communication and Survey be received and filed. Seconded by Markham. Motion carded 7-0. 30 Regular Session, February 4, 2002 RISE Project Agreement - Chavenelle Road: City Manager recommending appreva; of a project agreement with the Iowa Department of Transportation for RISE [unding of street improvements for Chavenelle Road west of SeippeJ Road ia the Dubuque industrial Center West. presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 36-02 RESOLUTION APPROVING AN AGREEMENT FOR R.I.S.E. FUNDING WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO DEVELOPMENT OF CHAVENELLE ROAD WEST OF SEIPPEL ROAD IN THE DUBUQUE INDUSTRIAL CENTER WEST. Whereas, the City of Dubuque has developed oleos for the construction of Chavene][e :~oad west of Seippel Road in the Dubuque Industrial Center West: anc Whereas. the City has requested funding under the State of iowa's R.I.S.E (Revitalize Iowa's Sound Economy) program; and Whereas. the City's application was approved by order of the Transportation Commission on December l't. 2001: and Whereas. the Iowa Department of Transportation has prepared and submitted for City Council approval an Agreement relating to the R.I.S.E. grant, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, lhe City Council finds that the propose~ agreement is acceptable and necessary to the growth and development of the city. NQW THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Iowa Department of Transoortation Agreement for R.LS.E. Funding, Agreement No. 2002-R-015, is hereby approved, Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute two copies of the Agreement on behalf of the City et Dubuque and forward the executed copies to the Iowa Department of Transportation for their approval. Passec approved and adopted this 4~ day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0, Mutual Aid Agreements - City of Dubuque, Dubuque County and Jo Daviess County, Illinois: City Manager recommending approval of two mutual aid agreements for law enforcement services between the City of Dubuque, Dubuque County, ane Jo Daviess County, Illinois, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 37-02 APPROVING A CHAPTER 28E MULTI. JURISDICTIONAL LAW ENFORCEMENT AGREEMENT AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA, AND JO DAVlESS COUNTY, ILLINOIS WHEREAS. Iowa Code Chapter 28E authorizes agreements between public agencies of Iowa and other states for the joint exercise o~ the powers of such agencies; and WHEREAS the City of Dubuque, Iowa, Dubuque County, Iowa and JoDaviess County, Illinois have determined that it is in the bests interests of their respective jurisdictions to enter into an agreement to cooperate in using their best efforts to ensure the public safety and to enforce the laws and protect the citizens, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Sec. 1. The Mulfijudsdictional Law Enforcement Agreement attached hereto is hereby approved. Sec. 2. The Mayor is hereby authorized and directed to sign the Agreement on behalf of ti~e City of Dubuque. Passed, approved and adopted this 4th day of February, 2002. Terraeoe M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 38-02 APPROVING A CHAPTER 28E MULTI- JURISDICTIONAL DRUG ENFORCEMENT AGREEMENT AMONG THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA, AND JO DAVlESS COUNTY. ILLINOIS WHEREAS. Iowa Code Chapter 28E authorizes agreements between public agencies of [bwa ant other states for the joint exercise of the powers of such agencies: and WHEREAS. the City of Dubuque, iowa Dubuque County, iowa and JoDaviess County, Illinois have determined that it is in the bests interests of their respective jurisdictions to enter into an agreement to cooperatively engage in authorized criminal investigations and prosecutions, particu[ady involving illegal drug Irafficking and the use and distribution of controlled substances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Regular Session, February 4, 2002 31 Sec. 1. The Multi jurisdictional Drug Enforcement Agreement attached hereto is hereby approved. Sec. 2. The Mayor is hereby authorized and directed to sign the Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of February, 2002. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. McFadden Property - Acceptance of Deed: City Manager recommending acceptance of property from Vincent McFadden and Louella McFadden [or the extension of Chavenelle Drive, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 39-02 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM VINCENT Mc FADDEN AND LUELLA Mc FADDEN WHEREAS, the City of Dubuaue entered into an Agreement or December 27, 2001 with Vincent McFadden AND Luella McFadden for the purchase of certain teat property in Dubuque County, Iowa, described in the Deed attached hereto; AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from Vincent McFadden and Luella McFadden. a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque Coun~ Recorder. Passed, approved and adopted this 4th day of February, 2002. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Enterprise Zone Commission: Appointment of the City Manager to the Enterprise Zone Commission for a three year term ending on February 15, 2005, presented and read, Buol moved that the communication be received and filed and approved [he City Manager appointment. Seconded by Markham. Motion carded 7-0. U.S. Department of Housing and Urban Development: Communication from Roy Bemardi of the U.S. Department of Housing and Urban Development regarding an application for America's River Museum funding in the amount of $1,000,000, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. State of Iowa Department of Public Defense: City Manager providing a response to a communication from Ellen Gordon, State of iowa Department of Public Defense. Emergency Management Division, about eligibility for public assistance projects, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0 Dubuque County Board of Sueervisom: Communication of City Manager to Donna Smith. Dubuque County Board of Supervisors, advising that the City supports the application of Cottingham and Butler for e Historic Property Rehabilitation Tax Exemption for the Town Clock Building, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Marine Fuel Tax Grant Agreement for Riveffront Boal Pier at Port of Dubuque: City Manager recommending approval of a Marine Fuel Tax grant application for construction of the dvertront boat pier at the Port of Dubuque, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 40-02 RESOLUTION AUTHORIZING APPLICATION FOR MARINE FUEL TAX GRANT FOR CONSTRUCTION OF RIVERFRONT BOAT P1ER Whereas, the Iowa Department of Natural Resources (IDNR) provides Marine Fuel Tax grants through the Water Recreation Access Cost-Share Program to cities; and Whereas, the construction of a boat pier on the Mississippi River at the Port of Dubuque is an eligible project; and Whereas, the City has an adopted Riverfront Plan that places a high pdority on recreational [mprevements to the Port of Dubuque; and Whereas, the City recognizes the recreational potential of the boat pier for suppo~ng the America's River project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Planning Services Manager is hereby authorized to submit an application for Marine Fuel Tax funds to the IDNR for the construction of a riverfront boal pier for the America's River project au the Port of Dubuque. 32 Regular Session, February 4, 2002 Section 2. Tha! the City will provide the necessary local ma[ch for this project if the IDNR funds the grant request. Passed, approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buo moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. Business Licenses: RESOLUTION NO. 41-02 BEER Whereas. applications for Beer Permits have 3een submitted and filed to this Council for approval anc 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 Mo]o Oil Company Big 10 Mart+ (Sunday Sales) 2100 JFK Dubuque Discount Gas Inc Dubuque Discount Gas+(Sunday Sales) 4110 Dodge Lee Potter Sr Lee's 76/West Locust+ (Sunday Sales) 408 W Locust Passed. approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0.. RESOLUTION NO. 42-02 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and aDeroved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and ail City Ordinances relevant thereto ana they have filed proper bonds. NOW THEREFORE. BE T 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 B (HOTEL/MOTEL) LICENSE Dubuque Inn Corp. Best Westarn Dubuque Inn+ (Sunday Sales) 3434 Dodge St. CLASS C BEEPJLIQUOR LICENSE Pusateds Enterorises inc. Pusateds+ (Sunday Sales) 2400 Central Ave Apartments, Ltd Dubuque Mining Co.+ (Sunday/Outdoor Sales) 555 JFK Rd Passed. approved and adopted this 4~ day of February, 2002. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol morea adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSIONS Interviews ~or the following Board: Housing Code Appeals Board (Two three-year terms expiring 1/11/05 - Hannah and Sampson) Applicants: Tom Hannar Robert L. Sampson No one spoke. PUBLIC HEARINGS Micha]ski moved to suspend the rules to allow anyone present to speak. Seconded by '4icholson. Motion carried 7-0. Bond Sale [o Support Main Street Reconstruction Project: Proof of publication on notice of hearing to consider the ~ssuance of $1.000.000 General Obligation Bonds and City Manager recommending that the City institute proceedings to take additional action on the issuance, presented and read. Markham moved that the proof and communication be received and filed. Seconded ay Nicholson. Carried by the following vote: Yeas: Buol. Cline, Connors, Markharr Michalsk[, Nicholson. Nays--Duggan. RESOLUTION NO. 43-02 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,000,000 GENERAL OBLIGATION BONDS Whereas. pursuant to notice published as required by law this Council has ~eid a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1.000.000 General Obligation Bonds for the essential corporate purpose of paying costs of construction and reconstruction of street, sidewalk, utility and streetscape improvements relating to the opening of Main Street from 5~" to 9th Streets, and has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW THEREFORE. BE T RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE. iOWA: Section 1. That this Council does hereby institute 3roceedings and take additional action Regular Session, February4,2002 33 for the sale and issuance in the manner required by law of not to exceed $1,000,000 General Obligation Bonds for the foregoing esseotia[ corporate purpose. Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. Passeo. approved and adopted this 4~ day of :ebreary, 2002. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Carried by the following vote: Yeas: Buo[, Cline, Connors. Markham, Michalski, Nicholson. Nays-Duggan, RESOLUTION NO, 44-02 RESOLUTION DIRECTING THE ADVERTISE- MENT FOR SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B WHEREAS, the City of Dubuque, Iowa is ~n need of funds to pay costs of construction and reconstruction of street, sidewalk, utility ano streetscape improvements relating to the opening of Main Street from 5th to 9th Streets. an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $1,000,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing, upon the proposal to institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action made by any resident or propert7 owner of said City were received and considered by the Councii: and it is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the Telegrapn Herald. a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered [or sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 20th day of February, 2002 at 6:15 o'clock P.M., will hold a meeting [o receive and act upon bids for said Bonds; said notice to be in substantially the following form: NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the City Clerk. in the City of Dubuque, Iowa (the "Issuer") at 11:00 o'clock A.M., on the 20th day of February, 2002. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Carnegie- Stout Public Library at a meeting of the City Council on the above date at 6:15 o'clock P.M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2002B, in the amount of $1.000,000, to be dated Mamh 1,2002 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offedng and an Official Bid Form. which is incorporated by reference as a part of this notice. The Official Statemem may be obtained by request addressed to the City Clerk. 50 W. 13th Street, Dubuque, Iowa 52001 (telephone: 563/589-4100) or the financial advisor to the City, Evensen-Docge, Inc., 100 Court Avenue, Suite 203, Des Moines Iowa 50309 (telephone: 515/282-6138), Terms of Offerinq: All bids shall be n conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said Bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Ailbee, P.C., Attorneys of Des Moines, iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents. materials or statements made or furnished in connection with the sa[e, issuance or marketing of the Bonds. Riqhts Reserved: The right ~s reserved to reject any or all bids. anC to waive any irregularities as deemed to 3e in the best interests of the public. 34 Regular Session, February 4, 2002 By order of the City Council of the City of Dubuque, Iowa. Is/Jeanne F. Schneider, City Clerk of the City of Dubuque, Iowa (End of Notice) Passed. acereved and adopted this 4th day of February, 2002 Terrence M. Duggan, Mayor ATTEST: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Carried by lhe following vote: Yeas: Buo[. Cline, Connors. Markham, Michalski. Nicholson. Nays--Duggan. Rezoning Request of Dennis and Lad Anseh Proof of publication on notice of hearing [o consider rezoning property located at 2001 Rockdale Road from R-I Single Family Residential District and C-2 Neighborhood Commercial District to CS Commercial Service and Wholesale District and Zoning Advisory Commission recommending denial of the request (from October 16. 2000 meeting where item was tabled) and an Ordinance Amending Appendix A (the Zoning Ordinance~ of the City of Dubuoue Code-of Ordinances by reclassifTing hereinafter described property located at 2001 :~ockdale Road from R-1 Single Family District and C-1 Neighborhood Commercta: District ro CS Commercial Service and Wholesale District. 2resented and read. Michalski moved to send this matter back to the Zoning Commission and table the public hearing, Seconded by BuoL Motion carried 7-0 Hazard Mitigation Plan Task Force: ~mof of publication on notice of hearing to consider the City's Hazard Mitigation Plan as developed by the Hazard Mitigation Plan Task Force and City Manager recommending adoption of the Plan. presented and read, Cline moved that the oroof and communication be received and filed and 'ecommendation approved. Seconded By Michalski, Motion carried 7-0. Cottingham and Butler - Easement: Proof of aublication on notice of headng to consider disposing of City interest under a portion of Main Street between 8~ and 9m Street in the City of Dubuaue. owam Cottingham and 3utler, Inc. and City Manager recommending approvah 2resented and read. Cline moved that the proof and communication be received aha filed. Seconded by BuoL Motion carried 7-0. Mary Lou Baal, of Security Partners, spoke in favor of the requested disposal. Marry Johnson, from Streka Johnson Architects PC, sooke detailing the specifics of the project. RESOLUTION NO. 45-02 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO SECURITY PARTNERS, L.P., AN IOWA LIMITED PARTNERSHIP WHEREAS. the City of Dubuque, Iowa (City) is the owner of the following described real property: Commencing at the southwesterly corner of City Lot 29 in the City of Dubuque, Iowa, according [o the UnitaC States Commissioners' Map of said City, thence northerly along the Westerly aoundary, of City Lot 29 and City Lot 30. a distance of 75 feet more or less to the centedine ct a proposed underground passageway, said 3oint being the point of beginning of the centarline of the easement hereby defined; thence southwesterly to a point on the easterly 2oundary of City Lot 54 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, said point being located 67.5 feet more or ~ess, northerly along said eastarly boundary from the southeasterly corner of City Lot 55 in the City of Dubuque, tewa. according to the United States Commissioners' MaD of the Town of Dubuque. iowa, and said point being the terminus of said centedine: WHEREAS, Security Partners, L.P., an Iowa limited partnership, now desires to obtain an easement through, under and across a oortion of said property for the purpose of constructing, using, maintaining, repairing and ,econstrucitng an enclosed., underground passageway within such easement ares, for passage between property now owned by Security Partners, L.P.; WHEREAS, on February 4, 2002, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest i~ real property and overruled ali objections thereto; AND WHEREAS, the City Council finds that it is in the ~est interest of the City to approve the disposition of such real property. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa. approves the Grant of Easement attached hereto and the Mayor Is hereby authorized and directed to sign this resolution and the Grant of Easement. Passed. approved aha adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Buol moved that the rules be reinstated limiting discussion To the Council. Seconded by Markham. Motion carried ACTION ITEMS Regular Session, February 4, 2002 35 Greater Dubuque Development Corporation Progress Report: Mr. Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation. spoke giving a 3rogress report. White Street Reconstruction Project: City Manager recommending that the preliminary schedule of assessments for the White Street Reconstruction Project be amended for final adoation at the public headng on February 18, 2002 and that a public headng be set for March 4, 2002 for the nine property owners who did not receive the proper notice of the assessable project, presented and read. Nicbolson moved that the communication be received and filed. Seconded by Connors. Motion carded 7-0, RESOLUTION NO. 46-02 RESOLUTION AMENDING PRELIMINARY SCHEDULE OF ASSESSMENTS FOR THE WHITE STREET RECONSTRUCTION - 21s? TO 32ND STREET PROJECT Whereas. the City Council passed Resolution No. 23-02, dated January 21, 2002, approving the Prelimthan] Schedule of Assessments for the White Street Reconst~'uction - 21s' to 32nd Street Project, Whereas, it has been determined that the Schedule of Assessments contained errors which need to be corrected. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the follow~ng amendments, as shown on the attached sheets, be made to Resolution No. 23-02, Preliminary Schedule of Assessments. for the White Street Reconstruction - 21st to 32na Street Project. Passed, approved and adopted this ~t~ day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Nicholson movec adootion of the Resolution. Seconded by Connora. Motion carried 7-0, RESOLUTION NO. 47-02 RESOLUTION OF NECESSITY Whereas, proposed plans have been duty prepared and approved by the City Council of the City of Dubuque and ara now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cos[ and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as flied by the City Council, for the White Street Reconstruction Project - 21s~ to 32"° Street - Supplemental Assessments to Resolution No. 23-02. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the City Council deems it advisable and necessary for the public welfare to make lhe herein mentioned ~mprovemems, and un~ess property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with [he plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in 3roportJon to the special benefits conferred. The portion of the cost which shall be borne by the City will ~e paid from the Sanitary Sewer Fund, Watermain Construction Fund, Local Option Sales Tax Fund, and the Street Construction Fund. and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performec and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on I~le with the City Clerk this 4t~ day of February, 2002. Approved and placed on file for final action. Passed, approved and adopted this 4,n day of February, 2002, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicbolson moved adoption of the Resolution. Seconded by Connors. Motion carded 7-0. RESOLUTION NO. 48-02 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas. the City Council of the City of Dubuque, Iowa. has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the White Street Reconstruction Project - 21st to 32na Street - Supplemental Assessments to Resolution No. 23-02; and, Whereas, the proposed Resolution of Necessity for saic improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: T~at un the 4th day of Mamh, 2002. a public hearing will be held at 6:30 o'clock p.m. in the Public Library Audifodum in the City of Dubuque at which time the owners of property subject to 36 Regular Session, February 4, 2002 assessment for the proposed improvement or any other 3erson having an interest in the matter may appear ana be heard for or against the making of the imerovement, the boundaries of Ihe district, the cost. the assessment against any lot. or the final adoption of a resolutio~ of necessity and Ihe City Clerk be and is hereby authorized and directea to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, owa. which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not [ess than ten days pdor to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposeo resolution have on file with the City Clerk objections to the Resolution of Necessity they. sha][ be deemed to have waived ail objections thereto. Passec, approved and adopted this 4m day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Nicholson movec acootion of the :{asa[uriah. Seconded by Connors. Motion carrie(] 7-0. RESOLUTION NO. 49-02 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the attached sheets. I to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the White Street Reconstruction Project - 21~ to 32"° Street - Supplemental Assessments to Resolution No. 23-02 and the valuations set out herein are hereby approved. Passed, approved and adopted this 4'n day of February, 2002 Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Nicho[son moved adoption of the Resolution. Seconded by Connors. Motion carried 7-0. Parking Meter Districts: City Manager recommending approval of an Ordinance to exoand the meter district to include both sides of Eighth Street, from Iowa Street to Locust Street, anu both sides of Main Street, from Fifth Street to Ninth Street and an Ordinance Amending Section 32-336 of the City of Dubuque Code of Ordinances establishing the Municipal Parking Meter District by adding both sides of Eighth Street from owa Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street - this item removed from lhe Agenda. Iowa League of Cities Annual Conference: City Manager requesting that a City Council Member be designated as a liaison for the IOWa League of Cities Annual Conference Bid for 2005 or 2006, presented uno read. Buol moved that the communication be received and filed. Seconded by Michalski. Motio~ carded 7-0. Vlarkham moved Ihat Council Member Nicholson be appointed. Seconded by Buol. Motion carried 7- 0. U.S. Highway 20 Signal Improvements - STP Agreement: City Manager recommending approval of a cooperative agreement with the Iowa Department of Transportation for Surface Transcortation Program funding relating to the realignment of University Avenue from Ethel Street to U.S. Highway 20, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried RESOLUTION NO. 50-02 RESOLUTION APPROVING COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) AND THE CITY OF DUBUQUE RELATING TO THE REALIGNMENT OF UNIVERSITY AVENUE FROM ETHEL STREET TO US HIGHWAY 20 Whereas, the Iowa Departmenl of Transportation and the City of Dubuque are proposing to realign University Avenue from Ethel Street to US Highway 20, thereby ~mproving traffic flow along the US 20 Corridor and the intersection of John F. Kennedy Road and University Avenue: and Whereas, Agreement No. 6-01-STPU-16 with the Iowa Department of Transportation outlines the responsibilities of IDOT and the City relating to the cbnstruction project and providing for Surface Transportation Program (STP) cost 3articipation in the project; and Whereas, the City of Dubuque approves the terms and conditions of said cooeerative agreement. NOW THEREFORE, BE T RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement No. 6-01- STPU-16 consisting of an agreement for the realignment of University Avenue from Ethel Street to US Highway 20 be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this agreement aha forward the executed copies to the Iowa Department of Transportation for their approval. th Passed, aeDroved and adopted this 4 day ol :ebruary, 2002. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Regular Session, February 4, 2002 37 Buol moved adoption of the Resolution. Seconded by MichalskL Motion carded 7-0 Council Member John Markham Appointment: Communication from Tom Bredeweg, Iowa ~_eague of Cities, appointing Council Member John Markham to the Finance Administration and Intergovemmerdal Relations Policy Committee presented and read. Michalski moved that the communication be received and filed and approved appointment. Seconded by Buol. Motion carried 7-0. Council Member Ann Michaiski Appointment: Communication from Tom Bredeweg, Iowa League of Cities, appointing Council Member Ann Michalski to the Human Development Policy Comm~ee, presented and read, Cline moved that the communication be received and filed and approved appointment. Seconded by Markham. Motion carried 7-0. International [nstituta of Municipal Clerks: Communication from the [ntemational Institute of Municipal Clerks advising that City Clerk Jeanne Schneider has achieved the status of Certified Municipal Clerk (CMC), presented and read. Nicholson moved that the communication Pe received and flied. Seconded by Connors, Motion carried 7-0. iTEMS TO BE SET FOR PUBLIC HEARING Crescent Heights - Request to Vacate: City Manager recommending that a public hearing be set for February 18, 2002 to consider a request from Larry and Sharon McDermott to vacate a 20-foot wide utility easement on Crescent Heights, presented and read. Markham moved that the communication be received and tiled, Seconded by Buol, Motion carried 7-0. RESOLUTION NO. 51.02 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENT OVER LOTS 40, 41, AND 42 OF CRESCENT HEIGHTS IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas Larry E. and Sharon A. McDermott are the current owners of Lots 40, 41 ,and 42 of Crescent Heights; Whereas. a 20-fcot wide utility easement is currently platted on said lots; and Whereas. Larry E. and Sharon A. McDermott have petitioned [o vacate the easement in said lot; and Whereas, Larry E. and Sharon A. McDermott nave platted an alternate easement as recorded as Instrument No. 209-02. NOW THEREFORE. E~E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate the existing 20-foot wide utility easement over Lots 40, 41, and 42 of Crescent Heights. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose to be published as prescribed under Section 364.7 Code of lows, 1999 or amended, Passed approved and adopted this 4TM day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution and set for Public Hearing on 2/18/02 at a meeting [o commence 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 BuoL Motion carried 7-0. Mt. Carmel Sanitary Sewer Extension: City Manager recommending acceptance of the Mt. Carmel Sanitary Sewer Extension Project and that a public hearing be set for February 18. 2002 on the connection fees for the sanitary sewer, presented ana read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 52-02 ACCEPTING IMPROVEMENT Whereas. [he contract for the Mt. Carmel Sanitary Sewer Extension Project has been compietad and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectior 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 2002 Sanitary Sewer Construction Fund in amount eoual to the amount of this contract, less any retained pementage provided for therein. Passed, approved and adopted this 4~ day of February, 2002. Terrence M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 53.02 FINAL ESTIMATE Whereas the contract for the Mt. Carmel Sanitary Sewer Extension Project has been 38 Regular Session, February 4, 2002 completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates notices and inspection and all miscellaneous costs: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the cost of said improvement is hereby determinea to be $209,000.19 Section 2. That $87,221.35 of the cost thereof shall be assessable upon pdvate property and $121.778.84 shall be paid from the Fiscal Year 2002 Sanitar~ Sewer Construction Fund. Passed. approved and adoeted this 4~ day of February, 2002. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 54-02 A RESOLUTION ADOPTING THE PRE- LIMINARY SCHEDULE OF FINAL ASSESS- MENTS FOR THE MT. CARMEL SANITARY SEWER EXTENSION PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That after full consideration of the final schedule of assessments and accompanying Dlat showing the assessments proposed to be made for the construction of the Mt. Carmel Sanitary Sewer Extension Project under contract with Conno[ly Construction. Inc. of Peosta, Iowa, which final plat and schedule were filed in the off~ce of the City Clerk on the ,~n day of February, 2002, the said schedule of assessments be and fha same is ~ereby approved and adopted. That there be. and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. ~rovided, further, that the amounts shown [n said final schedule of assessments as deficiencies are found to oe proper and levied conditionally against the respective properties 3enefitted by the ~morovements as shown in the schedule, subject [o the prowsions of Section 384.63 of the Code of Iowa. Said assessmenm against said lots are hereby declared to be in ~roportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa. and to pubJish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be no[ more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mai] a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer, After 30 days uneaid assessments of $50.00 or more are payable in 10 annual installments and Will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the oue oates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent fram October 1 fo[lowing its due date on duly ' of eect' year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 4'~ day of February, 2002 Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 55-02 RESOLUTION PROVIDING FOR NOTICE OF THE DATE, TIME AND PLACE FOR A PUBLIC HEARING ON AN ORDINANCE ESTAB- LISHING A SCHEDULE OF CONNECTION FEES FOR THE MT. CARMEL SANITARY SEWER EXTENSION PROJECT WITHIN THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque, iowa, proposes to establish, by Ordinance after notice of a public headng, the Vlt. Carmel Sanitary Sewer Extension Project and to provide a schedule of connection fees therefor: and Whereas. lows Code Section 384.36(3) requires notice and a public hearing on such Ordinance: NQW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to publish notice of date. time and place of the headng on said proposed Ordinance. which hearing shall be on February 18. 2002, au 6:30 p.m. n the Public Library Regular Session, February 4, 2002 39 Auditorium, 360 West 11 Street, in the City of Dubuque, Iowa, such publication to be once each week for two consecutive weeks in the manner provided by Section 362.3, the first publication of which shall not be less than ten (10) days before the date of the hearing. Section 2. The notice shall be substantially the following form: Notice to Properbj Owners Notice is given that there is now on file for public inspection in the office of the Clerk of the City of Dubuque, City Hall, Dubuque, Iowa, a proposed Ordinance establishing the Mt. Carmel Sanitary Sewer Extension Project and providing for connection fees. The Council will meet at 6:30 p.m. on February 18, 2002, at the Public Library Auditorium, 360 West 11 Street, in the City of Dubuque, Iowa, at which time the owners of property subject to connection tees in the Mt. Carmel Sanitary Sewer Extension Project or any other persons having an interest in the matter may appear and be heard for or against the establishment of the District, or the schedule of connection fees. A person subject to such connection fees will be deemed to have waived all objections unless at the time of headng, the person has filed objections with the Clerk. Section 3. Not ]ess than fifteen (15) days before the headng, the Clerk shall also send a copy of the notice by mail to each property owner whose propert7 will be served by connection to said City sewer and be subject to the connection fees at the address as shown by the records of the County Auditor. Passed, approved End adopted this 4TM day of February, 2002 Terrance M. Duggan, Mayor At~est: Jeanne F. Schneioer, City Clerk Michalski moved adoption of the Resolution and set for Public Hearing on 2/18/02 au a meeting to commence at 6:30 P.M, in the Public Library Auditorium and that /he City Clerk publish notice in the manner prescribed by law.. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2003 Annual Action Plan: Cit7 Manager submitting the City's Fiscal Year 2003 Annual Action Plan and recommending that a public hearing be set for February 21, 2002 to consider [he Plan, presented and read. Markham moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 56-02 A RESOLUTION SE'I-rING A PUBLIC HEARING ON THE PROGRAM YEAR 2002 (FISCAL YEAR 2003) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL PLAN. Whereas, the City of Dubuque has, through a series of public meetings and headngs finalized a Program Year 2002 (Fiscal Year 2003) Community Develooment Block Grant Annuai Plan addreesing both housing and non-housing needs in the community; and Whereas. copies of the draft Program Year 2002(Fiscal Year 2003) CDBG Annual Plan have been available for public comment 30 days prior to City Counci] action: and Whereas, the City's Community Development Advisory Commission has recommended adoption of this budget. NOW, THEREFORE, BE IT RESOLVED E~Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Carnegie Stout Public Library, Auditorium, 360 West 11~h Street Dubuque. Iowa at 6:30 p.m on February 21. 2002 for the purpose of holding a public hearing and taking final action on the Program Year 2002 (Fiscal Year 2003) Community Development Block Grant Annual Plan Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing ano the City Council's intent to review and take action on the Program Year 2002 (Fiscal Year 2003) Community Development Block Grant Annual Plan~ Passed, approved and adopted this 4'" day of February 2002. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and set for Public Hearing 2/21/02 at a meeting to commence at 6:15 P.M. in the Public Library Auditorium and that the City Clerk Publish notice in the manner prescribed Dy law. Seconded by Buck Motion carried 7-0. Rip Row Valley Ball Field Development: City Manager recommending initiation of the bidding process for demolition and grading of the bali field site of the Rip Row Valley develooment and that a public hearing be set for March 4, 2002, presented and read. Markham moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0, RESOLUTION NO. 57~02 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, ~OWA: That the proposed plans, specifications, form of contract and estimated cost for the Rip F~ow Valley Ball Field Demolition and Grading Project, in the estimated amount of $170,500, ara hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 4th day of February, 2002. 40 Regular Session, February 4, 2002 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved aaoption of the Resolution, Seconded by BuoL Motion carried 7-0, RESOLUTION NO. 58-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS. the City Council of the City ot Dubuoue. iowa nas given its Preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office af the City Clerk for public inspection of the Ric Row Valley Ball Field Demolition and Grading Project. NOW THEREFORE, BE IT =~ESOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA, that on the 4th day of Mamh. 2002, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium. at which time interested pemons may appear and be heard for or against the proposed plans and soecifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested pemon may appear and file objections to the proposed plans, specifications, contract, or estimated cos[ of the improvement. Passed, approved and adopted this 4th day of February, 2002, Torrance M. Duggan, Mayor Attest; Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and set Public Hearing for 3/4/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed Dy law. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 59-02 ORDERING BIDS BE T RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Rip Row Valley Ball Field Demolition and Grading Project is hereby ordered to be advertised for bids for construction. BE iT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approvea as a part of the plans ano specifications heretofore adooted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be 2ublished in a newspaper having general circulation in the City of Dubuoue. Iowa, which notice shall not be less than four days nor more than twent7 days prior to the receiot of said bids at 2:00 p.m. or Ihe 21st day of February, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to [he Council for fina action at 6:30 p.m. on the 4th day of March 2002. Passed, approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoDfion of the Reso[ufion. Seconded by Buol. Motion carried 7-0. Utilities Extension - Rip Row Valley: City Manager recommending initiation of the bidding process for the Rip Row Valley Utilities Extension Project and that a public hearing be set for March 4, 3002, presented ano read. Markham moved that the communication be received and filed Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 60-02 PRELIMINARY APPROVAL DF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the proposed p~ans, specifications, form of contract and estimated cost for the Rip Row Valley Utilities Extension Project. in the estimated amount of $170.500. are hereby approvec and ordered filed in the office of the City Clerk. for public inspection Passed, approved and adopted this 4th day of =ebruary, 2002. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 61-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and alaced same on file in the office of the City Clerk for ~ubfic inspection of the Rip Row Valley Utilities Extension Project. NOW, THEREFORE. BE IT ~ESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, that on the 4th day of March, 2002. a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City Regular Session, February 4, 2002 41 of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the ~mprovement. Passed, approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and set Public Hearing for 3/4/02 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner 3rescribed by [aw. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 62-02 ORDERING BIDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Rip Row Valley Utilities Extension Project is hereby ordered to be advertised for bids for construddon. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be i~ an amount which shall conform to the provisions of the notice to bidders hereby approved as s part of the plans and specifications heretofore adopted. That [he City Clerk is hereby directed [o advertise for bids for the construction of the improvements herein provided, to be published ~n a newspaper having general cimulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 21st day of February, 2002. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 4th day of Mamh, 2002. Passed, approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. Budingfon Northern Railroad Depot Restoration Project - initiate: City Manager recommending initiatior of the bidding process for Train Depot Restoration Project and that s public headng be set for March 18, 2002. presented and read. Markham moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 63-02 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Burlington Northern Railroad Depot Restoration Project, in the estimated amount of $1,197,331.00, ara hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 4~" day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 64-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATION Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications. and form of contract and placed same on file in the office of the City Clerk for public inspection of the Burlington Northern Railroad Depot Restoration Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the f8TM day of March, 2002. a public headng witl be helc at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications form el contract and cost of said improvement, and the Cit~ Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and set date of ~ub[ic Hearing for 3/18/02 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 Buol. Motion carded 7-0. RESOLUTION NO. 65-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: 42 Regular Session, February 4, 2002 That the Burlington Northern Railroad Depot Restoration Project is hereby ordered [o be advertised for bids for construction. BE [T FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the nrovisions of the notice to bidders hereby approved as a Dart of the plans anc saecifications heretofore aaopted. That the City Clerk is hereby directed to advertise for bids for the construction of the 'mprovements herein provided, to be 3ublished ~n a newspaper having general circulation in the City of Dubuque, iowa, which notice shall not be lass than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 6TM day of March. 2002. Bids shall be opened and road by the City Clerk at said time and will be submitted to the Council for final action 6:30 p,m. on the 18TM day of March, 2002. Passed. approved and adopted this 4in day of February, 2002. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved aooption of the Resolution. Seconded by Buol. Motion carried Woodward Museum Restoration Project- initiate: City Manager recommending initiation of the bidding process for Woodward Museum Restoration Project and that a 3ublic hearing be set for March 18, 2002. presented and reao, Markham moved that the communication 3e received and tiled. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 66-02 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the proposed 31aris, specifications, form of contract and estimated cost for the Woodward Museum - 2002 Renovations Project, in the estimated amount of $400,923.00, are hereby approved and ordered fi]ed in the office of the City Clerk for public inspection. Passed. approved and adopted this 4TM day of February, 2002. Temance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 67-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas. the City Counci of the City of Dubuque, iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the off.Ice of the City Clerk for public inspection of the Woodward Museum - 2002 Renovations Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18TM day of March. 2002. a public hearing will be held at 6:30 p.m in the Public Library Auditorium au which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time aha place of such headng to be published n a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the ~eadng, any interested person may appear and ~ile objections to the proposed plans, scecificafions con[rac[, or estimated cost of the imorovemenu Passed. approved and adoeted this 4~ day of February, 2002, Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Markham moved adoption of the Resolution and set Public Hearing for 3/18/02 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 Buol. Motion carried 7-0. RESOLUTION NO. 68-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the Woodward Museum - 2002 Renovations Project is hereby ordered to ~e advertised for bids for construction. BE IT FURTHER RESOLVED. that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore aooptod That the City Clerk is hereby directed to advertise for 3ids for the construction of the improvements herein provided, to be nublished 'n a newspaper having general cimulation in the City of Dubuque, iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6 day of March, 2002. Bids shall be opened ano read by the City Clerk at said time and will be submitted to the Council for final action au 6:30 p.m. on the 18~" day of March, 2002. Passed, approved and adopted this 4~n day of February, 2002 Torrance M. Duggan, Mayor Regular Session, February 4, 2002 43 Attest: Jeanne F. Schneider. City Clerk Markham movea adoption of the Resolution. Seconded by Buol. Motion carded 7-0 At 7:27 P.M. Buoi moved it was resolved to go into Closed Session re: Acquisition of Property - Iowa Code Chapter 21.5(1)(j). Seconded by Michalski. Motion carried 7-0. At 7:50 P.M. Council reconvened Regular Session stating that staff had been given direction. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carded 7-0. The meeting adjourned at 7:51 P.M. Is/Jeanne F. Schneider. CMC City Clerk It 2/13 Approve Approved July 1, 2002 Adopted July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Attest: /s/ Jeanne F. Schneider .(;~y Clerk 44 Special Session, February 6, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Sessior February 6. 2002 Council met in seecial session at 6:15 p.m. m the Library Auditorium Present: Mayor Duggan, Council Members Buo[ Cline, Corinors. 'Markham. Michalski, Nicholson: City Mar]ager Michael Van Milligen Mayor Duggan read the call and stated this is a seecial session of the City Council called for the purpose of discussing various City budgets. The Human Rights Department, Finance Department. City Manager's Office, City Council, City Clerk's Office, and Legal Department budgets were presented and discussed. There being no further business. Buol moved To adjourn. Seconded by Cline, Motion carried 7-0. The meeting adjourned at 7:52 p.m. /s/Jeanne F. Schneider City Clerk It 2/13 Approved July 1, 2002 Adopted July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jeanne F. Schneider Cou'~Cil Members Special Session, February 14, 2002 45 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Sessior~. February 14. 2002 Council met in special session at 6:15 p.m. in the Library Auditorium Present: Mayor Duggan, Council Members Buo[, Cline, Connors, Markham, Michalski, Nicholson; City Manager Michael Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets and such other business that may come before the Council. City Manager recommending acceptance of a no-interest loan from Dubuque County To complete the downtown fiber optics loop that connects all City facilities to the City's central compu[er system as the current loop is inter[edng with construction of the Dubuque Law Enforcement Center Expansio~ Project, presented and read. Markham moved that the communicatior be received and filed and approved recommendation, Seconded by BuoL Motion carried 7-0. The Engineering Division Water Pollution Control Plant, Operations and Maintenance Department. and Building Services Department budgets were presented and discussed. There being no further business. Markham moved to adjourn, Seconded by Buol. Motion carded 7-0. The meeting adjourned a[ 8:33 p.m. Approved: July 1, 2002 Adopted: July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jeanne F. Schneider City Clerk Council Members rs/Jeanne F. Schneider City Clerk 2/20 46 Regular Session, February 18, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 18, 2002 Council met in Regular Session at 6:30 P.M. in the Ubrary Auditorium Present: Council Members Buol, Cline. Connors. Markham. Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent at Roll Call: Mayor Duggan. Mayor Pro-Tern Michalski read the call and stated this is the regular session of the City Council for the purpose of acting upon suck business that may properly come before the City Council. Invocation was given by Father Scott Bullock, Director of Seminarians, Archdiocese of Dubuque. CONSENT ITEMS Minutes Submitted: Airport Commission of 1/28: Civil Service Commission of 1/3; Human Rights Commission of 1/14; Mechanical Code Board of 1/31; Park and Recreation Commission of 1/8; Plumbing 9oard of 1/29; Zoning Advisory Commission of 2/6, presented and read. Buol moved that the minutes be received and filed. Seconded by Cline, Motion carried 6-0. Proof of publication of City Council proceedings of 1/21; proof of publication of list of claims and summary of revenues for the month ending December 31,2001, presented and read. Buol moved that the proofs be received and filed. Seconded by Clthe. Motion carried 6-0. Pdnted Council ~mceedings for December, 2001 omsented and read, Buol moved that the proceedings be approveo as ednted. Seconded by Cline. Motion carded 6-0. Chamber of Commerce Convention aha Visitors Bureau Quarterly Report, presented aha read. Buol moved that the communication De reca~ved and filed. Seconded by Cline. Motion carded 6-0. Finance Director Ken TeKippe submitting rne City of Dubuque Financial Reports for the month ending January 31. 2002, presented and read. Buol moved that the communication be received and filed. Seconded by Cline, Motion carried 6- 0, Notice of Claims/Suits: Shirley 3long in undetermined amount for proper~y damage; Deborah S. DeVenuta in estimated amount of $393.53 for vehicle damage; Jorja's Restaurant and Lounge in estimated amount of $129.47 for property damage; L & Building Company in estimated amount of $1.108.12. presented and read. Buol movec that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Cline. Motion carried 6-0. Corporation Counsel advising that the following claims have been referred [o Public Entity Risk Services of iowa. the agent for the Iowa Communities Assurance Pool: Shirley Blong for property damage; Fred White for property damage, presented and read. Buol moved that the communications be received and filed and concurred with the disposition. Seconded by Cline. Motion carried 6-0. Mechanical Boarc of Examiners: Building Services Manager Rich Russell advising that there is a vacancy on the Mechanical Board of Examiners due to the death of Board Member Bob Bush. oresented and read. Buol moved that [he communication be received and filed, Seconded by Cline. Motion carried 6-0. Civil Service Commission: Civi; Service Commission submittin§ [he certified lists for the positions of Aquatics and Therapeutic Recreation Supervisor and Sanitation Driver. presented and read. February 8, 2002 Honorable Mayor and Members of the City Council In accordance with Chaeter 400 of the 2001 Code of iowa. an examination for the position of Aquatics and Theraoeutic Recreation Supervisor was conducted. We hereby certi~ that the individuals listed below have passed this written examination and the vacancy for this 3osition should be made from this list and that this list is good for two (2) years from above date. Acuatics and Therapeutic Recreatior Supervisor Janna Beau Stephanie Hess Todd Gil[igan Respectfully submitted, /s/Merle Duehr. Chairperson /s/Richard Wedzberger Civil Se~ice Commission Buol moved that the above Civil Service certification be received and filed and made a matter of record. Seconded by Cline. Motion carried 6-0. Regular Session, February 18, 2002 47 February 8, 2002 Honorable Mayor and Membem of the City Council In accordance with Chaoter 400 of the 2001 Code of iowa. an examination for the position of Sanitation Driver was conducted on January 22, 2002. We hereby certify that the individuals listed below have ~assed this wdtten 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, SANIATION DRIVER Garry Clauer Matthew Cooper Philip Schoenberger Respectfully submitted, /si Merle Duehr, Chairperson /s/Richard Wer~berger Civil Service Commission Buol moved [hat the above Civil Service certitication be received and filed and made a matter of record. Seconded by C[ine. Motion carried Hazard Mitigation Plan: Communication from Darwin Polk, East Central Intergovernmental Association. requesting [hat the City consider a Resolution formally adopting the Dubuque Hazard Mitigation Plan. which the Council approved on February 4, 2002, presented and read. Buol moved that the communication be received and tiled. Seconded by Cline Motion carried 6-0 RESOLUTION NO. 69-02 APPROVING AND ADOPTING THE DUBUQUE HAZARD MITIGATION PLAN WHEREAS, the Dubuque Hazard Mitigation Plan was presented to the Dubuque Cit7 Council on February 4, 2002; aha WHEREAS, said Hazard Mitigation Plan was prepared in accordance with the Model Hazard Mitigation Plan Handbook provided by the Iowa Emergency Management Division; and WHEREAS, said Hazard Mitigation Plan identifies the City's potential hazards in the community; and WHEREAS, said Hazard Mitigation Plan assesses [he ongoing mitigation goals in the community, evaluates the mitigation alternatives that should be undertaken, and summarizes the strategies for implementation: and NOW THEREFORE BE IT RESOLVED that the Cti7 Council of the City of Dubuque does hereby approve and adopt the Dubuque Hazard Mitigation Plan this 18th day of February, 2002. Ann E. Michalsld, Mayor Pra-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution, Seconded by CIine. Motion carried 3-0. Mediacom Communications Corporation: Communication from City Manager Michael C. Van Milligen to Bruce Gluckman, Vice President of Legal and Regulatory Affairs for Mediacom Communications Coraoration, regarding franchise fees, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carded 6-0. Department of Public Defense - Emergency Management Division: Communication of City Manager Michael C, Van Milligen to Ellen ~1. Gordon, Administrator of the Iowa Department of Public Defense Emengency Management Division regarding Dubuque County's compliance status with State of Iowa Code Section 29C.9(8), presented and read. Buol 'noved that the communication be received and flied. Seconded by Cline. Motion carried 6-0. Legislative Correspondence: Communication of City Manager Michael C. Van Milligen to area legislators advising that the City supporm a bill being considered in the House to set the tax rate at the Dubuque Greyhound Park and Casino at 28 percent, presented and read. Buol moved that the communication oe received aha filed. Seconded by Cline. Motion carded 6-0. State Historical Society of Iowa: Communication fram the State Historical Society of Iowa advising that the Four Mounds Estate Historic Distdst, and the Town Clock Building have been listad in the National Regis[er of Historic Places effective January 24, 2002, presented and read Buol moved that the communication be received and filed. Seconded by Cline. Motion carded 6~0. Eagle Point No. 2 - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Eagle Point No. 2 Subdivision at the end of Rhomberg Avenue in the City of Dubuque and Dubuque County as requested by the City of Dubuque, and a Resolution Approving the final plat of Eagle Point No. 2 in the City of Dubuque, Iowa, presented and read, John Duccini spoke and requested that this item be tabled. Rita Johnson sooke and requested that this be adoated as recommended. Nicholson moved to table this matter for one month, Seconded by Markham, Motion carried 6-0. Sullivan's Addition Final Plat: Zoning Advisory Commission recommending approval of the final plat of Lots I through 6 of Sullivan's Addition on West 32~a Street west of Fink Street in the City of Dubuque and Dubuque County as requested by James and Anita Sullivan, presented and read. Buol movec that the 48 RegularSessio~ February 18,2002 communication be received and filed. Seconded by Cline. Motion carded $-0. RESOLUTION NO. 70-02 RESOLUTION APPROVING THE FINAL PLAT LOTS I THRU 6 OF SULLIVAN'S ADDITION iN THE CITY OF DUBUQUE, IOWA Whereas. there has been filec with the City Clerk a Final Pla! Lots 1 thru 6 of Sullivan's Addition in the City of Dubuque, iowa; and Whereas, said plat of survey has beer examined by the Zoning Advisory Commission and had its approval endorsed thereon: an(] Whereas, said plat of survey nas oeen examined by the City Council and they find that it conforms to the statutes uno ordinances relating thereto. NOW THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Lots 1 thru 6.of Sullivan's Addition is hereby approved, and the Mayor and City Clerk are hereby authorized uno directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, Passed. approved and adopted this 18TM day of February, 2002. Ann E. Michalski. Mayor Pre-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0, Westview Shopping Center Place No. 2 - Plat of Survey: Zoning Advisory Commission recommending approval of the plat of survey of Lot 1-2A and Lot 2-2A of West'view Shopping Center Place No. 2 located in the 1800 block of John F. Kennedy Road as requested by Key City Investment Company, presented and read. Buol moved that the communication be received and filed. Seconded by Niche[son. Motion carded 6-0. RESOLUTION NO. 71-02 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1-2A AND LOT 2-2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been fi]ed with the City Clerk a plat of survey Lot 1-2A and Lot 2-2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1-2A with 25.03 feet of lot frontage and 5.982 square feet of lot area. and Lot 2-2A with 25.07 feet of lot frontage and 5.994 square feet of lot area. where 60 feet and 6.000 square [eet respectively is required by Section 42-19(b) of the Subdivision Regulations; and Whereas. said 3lat of survey has been examined by the Zoning Advisor7 Commission and had its approval endorsed thereon; and Whereas, said plat of survey has oeen examined by the City Council and they find that it conforms to the statutes uno ordinances relating thereto. ',IOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section I That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1- 2A with 25.03 [eet of lot frontage and 5.982 sauare feet of lot area, and Lot 2-2A with 25.07 feet of lot frontage uno 5,994 scuare feet of lot area. where 60 feet and 6.000 square feet respectively is required. Section 2. That the olat of survey Lot 1-2A and Lot 2-2A of Westview Shopping Center Place No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed. approvea uno adopted this 18th day of February 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol movee adoption of the Resolution. Seconded by Cline. Motion carded 6-0, Westview Shopping Center Place No. 3 - Plat of Survey: Zoning Advisory Commission recommending approval of the plat of survey of Westview Shopping Center Place No. 3 located in the 1800 block of John F. Kennedy Road as requested by Key City Investment Company, presented and reao. Buol moved that the communication De received and filed. Seconded ey Cline. Motion carded 6-0. RESOLUTION NO. 72-02 RESOLUTION APPROVING THE PLAT OF SURVEY OF WESTVlEW SHOPPING CENTER PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA, Whereas. there has been filed with the City Clerk a plat of survey Westview Shopping Center Place No. 3 in the City of Dubuque, Iowa; an(J Whereas. said plat provides Lot 1 with 0 feet of lot frontage, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been examined by the Zoning Advisor7 Commission and had its approval endorsed thereon: and Whereas. said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE. BE 'r 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 Regular Session, February 18, 2002 49 with 0 feet of lot frontage, where 60 feet is required. Section 2. That the plat of survey of Westview Shopping' Center Place No. 3 is hereby approved, and [he Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, Passed. approved and adopted this 18th day of February 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Ciine. Motion carded 6-0. Certified Local Government Grant: City Manager recommending that the contract for the design rewew training program for the City's histodc districts be awarded to The Durrant Group, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 73-02 RESOLUTION APPROVING A CONTRACT FOR DESIGN REVIEW TRAINING Whereas, the State Historical Society of iowa has awarded the City of Dubuque a Certified Local Government (CLG) grant to develop design review training program for the city's historic districts; and Whereas. the City Council has budgeted funds for the development of design guidelines for pdvata properties, public places and streetscapes in the city's hisfodc districts: and Whereas, the City Council has determined that these projects should be completed concurrenlty and with assistance from a qualified consultant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council does hereby award the contract for a design review training program to the Durrant Group of Dubuque. Iowa. Sectio~ 2. That [he Planning Services Manager is hereby authorized to negotiate a contract with the Durrant Group for this project in an amount not to exceed $20.000.00. Passed, approved and adopted this 18th day of February 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Buo] moved adoption of the Resolution. Seconded by Cline. Motion carded 6-0. Phase Il Histodcal/Archtiectura[ Survey Grant Agreement: City Manager providing a final report for Phase II of Dubuque's Amhitecturai/Histodc Survey/Evaluation, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. Woodward Museum - 2002 Renovations Project: City Manager recommending that Resolution Nos. 66-02, 67-02 and 68-02 reiaUng to the Woodward Museum - 2002 Renovations ' Project be rescinded, as the Museum has not received environmental concurrence from the Iowa Department of Transportation, presented and read. Buol moved that the communication be received ~nd filed, Seconded by Cline. Motion carded 6-0. RESOLUTION NO. 74-02 RESOLUTION RESCINDING RESOLUTION NUMBERS 66-02, 67-02, AND 68-02, GIVING PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS, FIXING DATE OF PUBLIC HEARING ON PLANS AND SPECIFICATIONS, AND ORDERING BIDS FOR THE WOODWARD MUSEUM - 2002 RENOVA- TIONS PROJECT Whereas, by Resolution No. 66-02. the City Council gave preliminary approval of the p~ans and specifications; Resolution 67~02 fixed the date for public headng on the plans and specifications; Resolution 68-02 authorized and directed [he advertising of bids for the Woodward Museum - 2002 Renovations Project; and Whereas, subsequent events indicate that the project cannot proceed on its intended schedule and the project should be abandoned at this time. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution Numbers 66-02, 67-02, and 68-02 are rescinded. Passed, approved and adopted this 18'n day of February, 2002, Ann E. Michalski, Mayor Pro-Tam Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carded 6-0. Bunker Hill Golf Course Management Agreement: City Manager recommending that the City enter into a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1, 2002 and ending November 30, 2002. presentec anc read. Buol moved that the communication be received and filed and approved Agreement. Seconded by Cline. Motion carried 6-0. Statewide Disadvantaged Business Enterprise (DBE) Certification Program: City Manager recommending approval of the Statewide Unified Certification Program for Disadvamageu Business Enterprises for the City of Dubuque, presented and read, Buol moved that the 50 Regular Session, February 18, 2002 communication be received and filed. Seconded by Cline. Motion carded 6-0. RESOLUTION NO. 75~02 RESOLUTION APPROVING IOWA DEPART- MENT OF TRANSPORTATION UNIFIED CERTIFICATION PROGRAM AGREEMENT Whereas. the Federal Register 49 CFR Part 26 requires the development of a "one-stop' process for DBE certification. [o De developed by the end of February. 2002: and Whereas, the ]owa Department of Transportation has developed a statewide Disadvantaged Business Enterprise (DBE) directory; and Whereas, ail recieients of US DOT funding are required to ratif7 and comply with the attached Unifiec Certification Program (UCP) Agreement as developeo by the Iowa Department of Transportation'. NOW, THEREFORE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the lows Department of Transportation's Unified Certification Program (UCP) agreement is required [o be ratified and executed by any recipient of US DOT funding. Section 2. That the City Council approves of the requirements as outlined in the attached UCP. Section 3. That the Mayor be authorized and directed to execute the UCP on behalf of the City Council. Passed. approved and adopted this 18~n day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol movee adoption of the Resolution. Seconded by Cline. Motion carried 6-0. Project Concern Services Agreement: City Manager recommending approval of the Project Concern Driver Services Agreement with KeyLine from January 1, 2002 to June 30, 2005, presented an(: read. Buol moved that that communication be received and filed aris approved Agreement. Seconded by C[ine. Motion carried 6-0. City of East Dubuque Intergovernmental Agreement: City Manager 'ecommending approval of an Intergovernmental Agreement with the City of East Dubuque for minibus service from March 1. 2002 [o June 30. 2003 presented aha read. Buol moved that the communication be received and tiled anc approved Agreement. Seconded by Cline. Motion carried 6-0. Historic Bluffs Neighborhood Association: City Manager submitting a letter of support for the Historic Bluffs Neighborhood Association's application to the Dubuoue Racing Association for streetscape improvements on Loras Boulevard, presented and read· Buol moved that the · communication be received and tiled. Seconded by C[ine. Motion carried 6-0. Access Agreement - Giese Company, LLC: City Manager recommending approval of an Agreement between the City and Giese Prooerties. L.L.C. to permit access for site preparation related to the construction of a new manufacturing facility for Giese Manufacturing Company, ~nc. in the Dubuque Industrial Center West, Buol moved that that communication be received and filed and approved Agreement. Seconded by Cline. Motion carried 6-0. Urban Revitalization/Tax Exemption Applications: City Vlanager recommending approval of the eligible Calendar Year 2002 Urban Revitalization Applications, oresented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried RESOLUTION NO. 76-02 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICA- TIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANS- MITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt propers/ taxes for improvements made to properties in designated revitalization areas; and Whereas, Chapter 404 of the Code of Iowa, Ihs Urban Revitalization Act, permits cities to exemet property taxes for improvements made [o properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners [o submit a wdtten application for exemption by February 1 of the assessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forwarc the approved aoolications [o the City Assessor · for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act. the following Urban Revitalization Areas were established: Jackson Park. Washington Street, West 11~ Street, Upper Main Street. and Stout Place; and Whereas, the City Clerk of the City of Dubuque, as of February 1. 2002, received tax exemotion applications from the following property owners in the aforementioned urban revitalization district. West 1 l'n Street Urban Revitalization Area Regular Session, February 18, 2002 51 Anna and Lyle Elliot Sr. ,767 University Gloria Ede, 640 West 11th Steve and Held] McDonald. 945 Spruce Gary and Suzanne Noack, 586-590 Arlington Agnes Piersch, 1047-1049 Bluff Janet Oswald, 485 Arlington Tam] and Todd Swift, 1260 Alta Vista James and Marsha Scovel, 1272 Locust Denise and John Hennieg, 452 Loras Blvd Amanda Brewer. 879 Rose Jim and Victoda Collins, 1290 Belmon[ Deborah LaBeau. 1133 Highland Place Jackson Park Area Amy Boyn[on, 199 Loras Carol Fry, 267W. 17th Washinqton Street Urban Rev~alization Area Mamella Riesselman, 1629 Jackson Brian Chamberlen, 1839 Washington Upper Main Urban Revitalization Area Kenneth J Moore, 140 Lores Kenneth J. Moore, 1195-1199 Central Stout Place MetroPlains Development, 125 W.9'" Street Whereas the Housing and Communit7 Development Department and Building Services have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan contingent upon obtaining ail required building permits. NOW THEREFORE, BE IT RESOLVED BY THE CtTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet the requirements of ]he City of Dubuque's Urban Revitalization Plan, Section 2. That the above-described tax exemption applications are hereby approved by /he City Council, subject to obtaining all necessary building permits and subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax exemption applications to the City Assessor Passed, approved and adopted this 18TM day of Februar~ 2002. Terrance M. Deggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Cline. Motion carried 8-0. RESOLUTION NO. 77-02 RESOLUTION APPROVING LATE FILED RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMI'I-rED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHOR- ]ZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas. Chapter 404 of the Code of iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is first claimed, yet provides for the accep[ance, by Resolution of the City Council, of applications filed beyond the legislated deadline and further requires the City Council to approve ail applications that meet/he requirements of the adopted Urban :~evitalization Plan and forward the approved applications to the City Assessor for review by March I of each year; and Whereas; pursuant to the requirements of said Urban Revitalization Act, the West 11th Street Urban Revitalization Areas was established: ano Whereas, the City Clerk of the City of Dubuque, as of February 1, 2002. received a tax exemption application for improvements made in previous years from the following property owner in the aforementioned urban revitalization district West 11th Street Urban Revitalization Area YEAR Thomas and Jane Sheldon, 561 Chestnut 1998 Whereas, the Housing and Community Development Department and Building Services have reviewed the above-described applications and inspected the properties, and have determined ]hat the applications and the ~mprevements conform to ali requirements of the City of Dubuque's Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption application meets the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax exemption application is hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed [o forward the above~ described tax exemption application to the City Assessor. Passed, approved and adopted this 18'" day of February 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Cline. Motion carried 3-0. Allan and Urbain Contract - Acceptance: City Manager recommending acceetance of the contract with Alien and Urbain Associates for 52 Regular Session, February 18, 2002 City-owned improvements for the building at Third and Main Streets in the ~inal contract amount of $342,428.68, presented and read. Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 6- 0. RESOLUTION NO. 78-02 ACCEPTANCE OF CONTRACT BETVVEEN THE CITY OF DUBUQUE AND ALLEN & URBAIN ASSOCIATES FOR THE CITY OWNED IMPROVEMENTS FOR THE BUILDING ON THIRD & MAIN STREETS Whereas. the contract between the City of Dubuque and Allen & Urbain Associates for the management and construction of the public improvement portions of the buildin.c located at Third and Main Streets; and Whereas, these ~mprovements included the south sidewalk plaza retaining walls and sidewalk on the east elevation, historic light fixtures, a bdck fa(;ade over the Main Street entrance into the new parking ramp, and construction of a retaining wall and sidewalk adjacent to the Third Street overpass NOW, THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the cost of said improvement is hereby determined to be $342,428.68 and the said amount shall be paid from the Parking Construction Fund. Passed approved and adopted this 18'" day of February, 2002. Ann E. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Bcoi moved adoption of the Resolution. Seconded by Cline. Motion carried 640. RESOLUTION NO. 79-02 ACCEPTANCE OF CONTRACT BETWEEN THE CITY OF DUBUQUE AND ALLEN & URBAIN ASSOCIATES FOR THE CITY OWNED IMPROVEMENTS FOR THE BUILDING ON THIRD & MAIN STREETS Whereas, the contract for the completion of the contract between the City of Dubuque and Allen & Urbain Associates has been comoleted and the Economic Development Director has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $342.428.68 and the said amount shall be paid from the Parking Construction Fune. Passeo, approved and adopted this 18~" day of February, 2002. Ann E. Michalsk= Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carded 6~0, Northwest Arterial: Communicatior of David W. Leifker to the Iowa Department of Transportation regardthg traffic signals on the Northwest Artedal Extension. oresented and read. Buol moved that the communication 3e received and filed. Seconded by Cline. Motion carried 6-0. Business Licenses: RESOLUTION NO. 80-02 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have ~een 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 Nash Finch Company Econo Foods~ 471+ (Sunday Sales) 3355 JFK Rd Passed. approved and adopted this 18th day of February, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider. Cit7 Clerk Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. RESOLUTION NO, 81-02 Whereas. applications for Liquor Licenses have been submitted to this Council for approval and the same '~ave beer examined and approved: anc 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 lhey have flied proper 3onds. 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 CueMaster. Limited Cue Master Billiards+ Regular Session, February 18, 2002 53 (Sunday Sales) 900 Central Ave Hammerheads Inc Hammerheads BaflBi[liards+ (Sunday Sales) Melvin Spiegelhaiter Chi Chi Inc (Sunday Sales) The Busted Lift 2095 Kerper Blvd Clubhouse 2364 Washington Chi Chi's Mexican Restr+ 800 Wacker Dr The Busted Lift (2 Day Outdoor Service) 180 Main St CLASS "B' WINE Nosh Finch Company Econo Foods # 471 3355 JFK Rd Passed, approved and adopted this 18~n day of February, 2002. Ann E. MichalskL, Mayor Pre-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved aaop6ec of the Resolution, Seconded b~, Cline. Motion carried 6-0. Mayor Duggan entered the Chambers at 7:46 P.M, BOARDS/COMMISSIONS Appointment to the following Board: HOUSING CODE APPEALS BOARD (Two three-year rerms expiring 1/11/05 - Hannah and Sampson). Applicants: Tom Hannah. Rober[ L. Sampson. Markham moved that Mr. Hannah anc Mr. Sampson be reappointed to three year terms expidng 1/11/05, Seconded by Nicholson. Motion carried 6-0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to speak. Seconded by Nicholson. Motion carded 6-0. Markham moved to remove tile following item from the table. Seconded by Nicholson. Motion carded 6-0, White Street Reconstruction Project: Proofs of publication on notice of headng and ~otice to bidders on the receipt of bids, and City Manager recommending award of the contract to W C, Stewar[ Construction. Inc.; Communication from Richard Kieffer, et al, regarding the White Street 3roject; Communication from Eno Rae-Lienne Potter, 2268 White Street, expressing concern regarding the cost of the improvements; Communication from Brenda Lee Thurston Burke, objecting to the ~ublic improvement assessment for reconstruction of White Street; Communication from Karen M. and Mark J. Kuhle regarding the White Street reconstruction project; Communicafion of Ellis Swartz, 2665 Jackson Street, objecting to the assessments for the reconstruction of White Street. presented and read. Markham moved that the proofs and communications be received and filed. Seconded by Nicholson. Motion carded 7-0. Richard Kieffer, 2260 White St., scoke stating of the City's need to address existing problems and also questioned the narrowing of a portion of the street as well as the concrete thickness. Stanley Schroeder, 2244 White St. spoke agreeing with Mr. Kieffer. Roe Lienne Porter, 2268 White St., spoke agreeing with Mr. Kieffer and requeste(~ some adjustments that would alleviate speeding vehicles. RESOLUTION NO. 82-02 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WHITE STREET RECONSTRUCTION - 21sT TO 32ND STREET PROJECT SUPPLEMENTAL ASSESSMENTS TO RESOLUTION NO. 23-02 Whereas, the City Council has proposed a Resolution of Necessity for the White Street Reconstruction - 21s~ to 32® Street Project - Supplemental Assessments to Resolution 23-02. has given notice of the public hearing thereon as required by law; and Whereas, the public headng has been held, all persons offering objections have been heard and consideration g~ven to all objections and is pending before this Council; and Whereas, this is [he time and place set as provided for the taking of acfion on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: x Adopted, without amendment, and all objections fi[ed or made having been dully considered are overruled. __Adopted as amended by the Schedule of Assessments affached hereto as Exhibit A, and made a part hereof by reference. All objections filed or made having been duly considered are overruled. Deferred for later consideration Lo a City Council meeting [o be held on the day of, 2002, next at 6:30 p.m. ~n, with jurisdiction retained for further consideration and action at the adjourned meeting. Abandoned. Passed, adopted and approved this 18'" day of February, 2002. Ann E. MichalskL Mayor Pre-Tern Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0, 54 Regular Session, February 18, 2002 RESOLUTION NO. 83-02 AWARDING CONTRACT Whereas, sealed proposals have been submit[ed by contractom for the White Street Reconstruction - 21s~ to 32n° Street Project pursuant to Resolution No. 555-01 and notice to bidders published in a newspaper published in the City of Dubuque, iowa on the 11~n day of January, 2002. Whereas. said sealed proposals were opened and read on the 7th day of February. 2002. and it has been determined that the bid of W.C. Stewart Construction Co. of Dubuque, ~owa, in the amount of $2.541.474.40 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the contract for the above improvement be awarded to W.C. Stewad Construction Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond. the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed. approved and adopted this 18tn day of February, 2002. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Area Residential Care Foundation/Health Services Credit Union: Proof of publication on notice of hearing to consider rezoning pmper~y located at the end of John F. Kennedy Cimie from C-3 General Commercial District to R-4 Multi-Family Residential District at the request of Area Residential Care Foundation and Zoning Advisory Commission recommending approval, presented and reaa. Buol moved that the proof and communication be 'eceived an(: filed. Seconded by Markham. Motion carried 5-0. Jori Romaine of Area Residential Care. Joe Gonzalez of 5306 S. Mound Rd. Sherrill, IA and Pat Friedman al spoke in suppor[ of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance] of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property [ecated at end of John F. Kennedy Circle from C-3 General Commercial District to :~-4 Multi-Family Residential District. presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 6-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT END OF JOHN F. KENNEDY CIRCLE FROM C-3 GENERAL COMMERCIAL DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT. NOW. THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described ~reperty as shown ~n Exhibit A. and to the cent.erline of the adjoining public right-of-way, all in the City of Dubuque, iowa from C-3 General Commercial District to R- 4 Multi-Family Residential District: and Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Qrdinaece shall take effect immediately upon publication, as provided Dy law. Passed. approved and adopted this 18th day of February 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 26t~ day of FebruarY, 2002. Jeanne F. Schneider, City Clerk Buol moved [hat the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0 Dubucue Industrial Center West - Request to Rezone: Proof of publication on notice of hearing [o consider rezoning property located at Chavenelle Drive, east of Seippel Road/Dubuque Industrial Center West. from AG Agricultural to PUD Planned Unit Development with a PI Planned Industrial District designation at the request of the City of Dubuque and the Zoning Advisory Commission recommending approval, aresented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located east of Seippe[ Road and ~orth of the County Farm Regular Session, February 18, 2002 55 from AG Agricultural to PUD Planned Unit Development Distdct with a PI Planned industrial District designation and adopting an amended Conceptual Development Plan, with conditions, for the Dubuque Industrial Center West, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 07-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIB- ED PROPERTY LOCATED EAST OF SEIPPEL ROAD AND NORTH OF THE COUNTY FARM FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE INDUSTRIAL CENTER WEST, 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 reclassifying the hereinafter described property from AG Distdct [o ~UD Planned Unit Development District with a PI Planned [hdustfial oes~gnation and adopting an amended conceptual development plan, a copy of which is attached to and made a part hereof, with conditions for the Dubuque industrial Center West as stated below, to wit: Lot 6, Lot 7, Lot F and Lot G of Dubuque Industrial Center West and to the centedine of [he adjoining public fight-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of [his zoning reclassification appraval s an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, graoes, and usable buiIding sites. The general plan layout, including the requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner(s] agree(s) to the following conditions, all of which the property owner(s) further agree(a) are reasonable and imposed to satisfy the public needs that are caused direly oy the zoning reclaesification: A', Definitions 1) Building Related Features Building related features ara defined as all constructed items which rise above the grade aurface of the lot. These include: a) The pnmary building b) All accessory or secondary buildinga c) All exterior storage areas d) Extedor refuae collection areas e) Extedor mechanical equipment f) Containerized or tank storage of liquids, fuela, gases and other matadals. 2) Vehicle Related Features Vehicle related featurea are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces, b) Driveways from the street fight-of-way line to and from parking spaces, c) Loading spaces outside of [he building. d) Maneuvedn9 spaces outside of the building. e) Parking spaces for company-owned commercial vehicles. f) Fire lanea. g) Raikoad tracks. 3) Open Space Featurea Open space features are defined as those extedor areas and developed features of the lot which include: a) Landacaped space containing awn areas and plantings. b) Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c) Surface storm water detention areas not otherwise used for building-related or vehicle- related purposes. d) Open recreation areas and recreational trail e) Other non-building and non-vehicular related space. B) Use Requlations. The following regulations shall apply to all uses made of land in the above-described PUD Distfict: Zone A: General Purpose and Description. Zone A is intended to provide for a limited amount of commercial development that will serve industrial park employees with daily commercial and service needs. The development of Zone A shall resemble a small shopping center with shared access, parking and signage to promote a unified commercial appearance. Extedor storage is prohibited. 11 Principal permitted uses shall be limited to: a) Public or quasi-public utilities including substations-f47]. b) Business services-f29]. c) Gas station/convenience/car wash-ii7] and [18]. d) Laundry/dry cleaner-ii9]. e) Indoor restaurant-f30]. f) Drive-in/carry-out restaurant-f28]. 56 Regular Session, February 18, 2002 g) Drive-up automated bank teller-t8]. h) Banks, savings and loans, and credit unions-t31]. i) Group day care center-[8]. [ ] Parking group - see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for fufure use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited [o [he following: Any use listed as a permitted use within the PUD District of a limited duration as established 'n Section 2-5.3 ano as defined in Section 8 of the Zoning Ordinance, Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication warehousing, wholesaling, office uses and business services. Exterior storage is prohibited. 1 ) Principal permitted uses shall be limited to: al Railroads and public or quasi-public utilities -[47]. b) Corporate offices -[14]. c) Medical/dental lab-t8]. dl Mail-order houses-t23]. e) Printing and publishing-t32]. f) Laboratories for research and engineering- [33]. gl Wholesale sales/distributor-t29]. h) Vending/game machine sales/service- if gl. ) old storage/locker plants-['[ 5]. j) Packing and processing of meat, dairy or food products, no! to include stockyards or slaughter houses-t33]. k)Tool, die, and patter making-t33]. t) Manufacture. assembly, repair or storage of electrical and electronic products, components or equipment-t33]). m) Warehousing and storage facilities, not to include mini-warehouses-t33]. n) Manufacturing, processing, fabricatior., assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings-t33]. [ ] Parking Group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as ar accessory structure on the same lot. Day care centers are subject to state and local regulations. 1} indoor floor area (excluding halls and bathrooms'~ must De orevided per child in areas occupied by cdbs as per State Code: 2) Indoor floor area (excluding halls and bathrooms) must be 3rovided per child in areas not occupied by cribs times the icensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State code: 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards: 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision: 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repa~dng or renting vehicles: 7) The parking group requirements can be met-t8]; 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with. and will for so long as the group day care center is so located, continue to comply with all local, state and federal regutsfions governing hazardous substances, hazardous wastes, and hazardous materta]s, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C Section 9601 of the Federal Comprehensive Environmental Resaonse Compensation and Liability Act: 40 C.F.R. Sect[on 3-2.4: and Section 302 of the Supertund Amendments and Reauthodzation Act of 1986; and 9) If the applicant is subject [o the requirements of Section 302 of the Superfund Amendments and Reauthodzation Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of ex~remely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the 3rem[ses. the applicant shall also post in a conspmuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to the following: a} Retail outlets withir a primary office/industrial building, selling products produced on-site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established Regular Session, February l8,2002 57 in Section 2-5.3 and as defined in Section 8 of [he Zoning Ordinance. Zone C: General Purpose and Description. Zone C is intended to provide for a vadety of uses primarily invoiv[hg light manufacturing, assembly and fabrication, warehousing, wholesaling, and office uses. Exterior storage is ailowec, provided it is screened from view. 1) Principal permitted uses shall De limited to: a) Railroads and public or quasi-public utilities -[47]. b) Corporate offices-[14]. c) Medical/dental lab-[8]. d) Mail-order houses-J23]. e) Printing and publishing-J32]. f) Laboratories for research and engineering- [33]. g) Moving/storage facilities-J33]. h) Wholesale satas/distributo r-[29]. i) Freight transfer facilities-J44]. j) Vending/game machine sales/service-ii 9]. k) Cold storage/locker planta-[15]. I) Packing and processing of meat, dairy or fooc products, not to include stockyards or slaughter houses-[33]. m) Tool, die, and patter making-J33]. n) Manufacture. assembly, repair or storage of electrical and electronic products, components or equipment-J33]). o) Warahous[ng and storage facilities, not to include mini-wa raho uses-J33]. p) Manufacturing, processing, fabrication assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings-[33]. [ ] Parking Group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses shall be limited to the following: a) Day care center, within a pdmary office/industrial building or as an accessory structure on the same lot. Day care centers ara subject to state and local regulations 1) indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cdbs as per State Code: 2) indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State code; 4) Such facility shall provide for [he loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards: 5) All licenses have 3een issued or have been applied for awaiting the outcome of [he Board's decision; 6) No group day care center may be located within the same struc[ure as any gas station= bar/tavern, automated gas station or any facility selling, servicing, rapa~ring or renting vehicles; 7) The parking group requirements can be met-J8]; 8) The conditional use applicant certifies that the 3rameses on which the group day care center will be located compiles with. and will for so long as the group day care center ~s so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous matadals, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act: 40 C,F.R, Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthodzation Act of 1986; and 9) If the applicant is subject to [he requirements-of Section 302 of the Supeffund Amendments and Reauthorization Act of 1986. the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such ex~ramely hazardous substances are kept or stored on the premises, the applicant shall a~so post in a conspicuous place on the premises a notice indicating a descriptio~ of [he extremely hazardous substances, and the physical and health hazards presented by such substances, 3) Accessory uses shal] be limited to the following: a) Retail outlets withi~ a primary office/industrial building, selling products produced on-site and only as accessory to the pnnc~pal use. b) Any use customarily [hcidental and subordinate to the pnnc~pal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3' and as defined in Section 8 of the Zoning Ordinance. Zone D: General Purpose and Description. Zone D is intended to orovide appropriate locations [or heavy industrial uses. Exterior storage is allowed, provided it is screened from view. 1 ) Principal permitted uses shal[ be limited to: a) Railroads and public or quasi-public utilities -[47]. b) Corporate offices -[14]. c) Mail order houses-[23]. d) Printing and publishing-[32]. el Laboratories for research and engineering- [33]. f) Moving/storage facilities-J33]. g) Wholesale sales/distributor-J29]. 58 Regular Session, February 18, 2002 h) Freight transfer facilities-t44]. i) Fuel and ice dealers-t33], j) Cold starage/Iocker plants-ii5]. k) Packing and processing of meat. dairy or food products, not to include stockyards or s~augn[er houses-t33], I) Compounding, processing and packaging of chemical products-t33], ml Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-t33]). n) Warehousing and storage facilities, not to include mini-warehouses-t33], o) Manufacturing, processing, fabrication. assembling, packaging or other comparable treatment of gooes or materials, entire y within enclosed buildings-t33]. [ ] Parking Group-See Section 4.2 of the Zoning Ordinance. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot, Day care centers are subject to state and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code: 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas nm occupied by cribs times the licensed capacity as per State code; 3) Fenced outdoor recreation space must be provided per child using the space at a given lime as per State code: 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards: 5) Ail licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles: 7) The parking group requirements can be met-t8]; 8) The conditional use applicant certifies that the premises on which [he group day care center will be located complies with. and will for so ~ong as the group cay care center is so located, continue to comply with all local, slate and federal regulations governing hazardous substances, hazardous was[es, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Resoonse Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthodzation Act of 1986; and 9) If the applicant is subject to [he requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986. the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of ex[Teroeiy hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances 3) Accessory uses shall be limited to the following: a) Retail outlets within a pdmary office/industrial building, selling products produced on-site and only as acoessor~ to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Teroporary uses shall be limited to the following: ] Any use listed as a permitted use within the PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. Zone E; Genera/ Purpose and Description. Zone is intended to provide a location for businesses that require exterior handling or storage of materials or equiproent. Extedor handling or storage is allowed, provided it m screened from view, except along Seippel Road, where it is prohibited. 1 ) Principal permitted uses shall be limited to: a) Public or quasi-public utilities -[47]. b) Corporate offices --[14]. c) Medical/dental lab*t8]. d) Mail-order houses-t23]. e) Printing and publishing-t32]. f) Laboratades for research and engineering- [33]. g) Wholesale salesldistributor-[29], h) Freight transfer facilities-t44]. i) Fuel and ice dealere-[33]. j) Cold starege/[ocker plants-ii5]. k) Packing and processing of meat. dairy or food products, not to include stockyaras or slaughmr houses-t33]. [) Compounding, processing and packaging of chemical products -[33], m} Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment-t33]). n) Warehousing and storage facilities, not to include mini-wa rehouses-t33]. o) Manufacturing, processing fabrication. assembling, packaging or other comparable treatment of gooos or materials -[33]. Regular Session, February 18, 2002 59 p) Con~'actors shop/yard-[33]. q) Recycling todustdes entirely within enclosed buildings with no outdoor storage- [44]. r) Timber processing-[44]. [ ] Parking Group-See Section 4.2 of the Zoning Ordinance, 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Retai outlets within a primary office/industrial building, selling products produced on-site and omy as accessory to the principal use, b) Any use customarily incidental ano subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitteci use within the PUD District of a limited duration as established in Section 2-5,3 and as defined in Section 8 of the Zoning Ordinance. Zone O: General Purpose and Desedption: Zone O is intended to serve as an amenity to the industrial park, providing open space and control of storm water to protect downstream properties. 1 ) Principal permitted uses shall be limited to: a) Railroads and public or quasi-public utilities-[47], b) Parks, nature areas, playgrounds, and similar recreational uses-J47]. c) Picnic areas-[47]. d) Recreational trails-[47] e) Club houses, shelter houses, tennis courts, or playground equipment, or other racraatlonal buildings and structures when associated with parks, 3ature areas, playgrounds, recreational facilities-J47]. f) Construction of dams, reservoirs, or detention ponds-in/al. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental or subordinate to the principle use it serves. 4) Temporary uses reserved for future use. C. Lot and Bulk Requlations. Development of land in Zones A, B, C. D, E and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptuai development plan and all final site development plans shall be approved in accoroance with provisions of the PUD District regulations of this ordinance and of Section 3- 5.5 of the Zoning Ordinance. 2) All buildings related features in Zones A, B, C, D. E and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Yard Rear Yard Building Lot area Frontage Yard Setback Setback Height in Acres Minimum Setback Minimum Minimum Maximum Feet Minimum Feet Feet Feet Feet ZoneA * ~acre 100 20 10' 20 30 Zone B 2 acres~ 100 50 10 25 50 Zone C 5 acres 100 50 25 25 75 Zone D 10 acres 100 50 25 50 100 Zone E 2 acres 100 50 10 25 50 Zone O N/A N/A N/A NIA N/A N/A 60 Regular Session, February 18, 2002 -0 foot side yard setbacks frorr property lines shall be permitted for attached buildings. a) Lots smaller than minimum will be allowed if the oaroe] is consolidated or combined with a larger lot. Substations for public and quasi-public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks ano other necessary mechanical equipment and their protective housing. Heating, ventilating and air Conditioning (HVAC) equipmen[ is imited to 10 feet aDove height limitation, except in Zone A where 30 feet maximum height includes HVAC equipment. d} Within required front, side and rear setbacks. only driveways, fire lanes, railroad tracks, open space features, and primary and secondary signage ara allowed. Parking lots may encroach up to 50% into a required front yard setback. D. Parkinq and Loadinq Requlations 1) All vehicle-ralated features, except for railroad tracks shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material Dy painted strips or other 3ermanent means. 3) The number, size and design of parking spaces shall be govemeo by applicable provisions of City of Dubuque Zoning Ordinance and City standards, 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local state or federal requirements in effect at the time of development. 5) The location and number of pdvate driveway intersections with public streets shall be reviewed and approved by the City Engineer. Access shall generally be limited to internal streets. 6) No on street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the cts. 7) All loading docks for shipping and receiving of raw and manufactured goods shall be designed to Provide for the direct movement of goods between the deliver vehicle and the interior of the building. E. Sign Regulations 1) Applicability of Cit of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2) Off-Premise Signs: Off-premise signs shall be prohibited. 3) On-Premise Signs: On-premise signs shall be erected or constructed in accordance with the following regulations. a) Allowable content: signs, messages and graphics shall be limited to the followin~c contents: 1) Industtfal Center signs: limited to identification of Dubuque Industrial Center West Entrance signs Directory signs 2) Company Primary signs: limited identification of uses in Zones B, C, D and E dentification of company name Identification of company products or services by generic name only Graphic symbol or Iago identified wfth the company 3) Commercial Primary signs: limited to 'dentification of uses in Zone A Identification of business name dentification of business products or services by generic names only Graphic symbol or Iago identified with the business 4) Secondary signs: allowable in all zones Street address Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot Identification of visitor entrances to the building, shipping and receiving docks and other delivery points Identification of assigneo parking spaces and parking spaces accessible to persons with disabilities Temporary announcements of pending or new construction Commemorative messages b) Schedule of sign regulations: allowable structural type, size, number and height shall be imited to the following requirements Regular Session, February 18, 2002 Type of Sign Maximum Size Maximum Number Allowable Maximum Structure Height* Type industrial Center 200 square feet per s~gn face Six (6) signs Monument 12 feet Entrance Signs Industrial Center 30 square feet per sign face Three (3) signs Monument 8 feet Directory Signs Company Pdmary 10% of building wall sign is 2 signs per so'est Wal~- Below eave Signs mounted on or 400 total frontage per business mounted or parapet square feet of sign area, whichever is less. 150 square feet per sign face I sign per business Monument 10 feet restricted to intedor street frontages only. Commemial 100 square feet per sign face 2 signs per business Wall- Below eeve Pdmary Signs provided only I sign mounted or parapet may be a monument- Monument 10 feet style sign Secondary Signs 6 square feet per sign face NO maximum number Wall- Below eeve mounted or parapet Monument 6 feet *The height of monument-style signs shall 'be measured from average grade to top of sign structures. c) Vadances: Vadances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance, d) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all ~ight soumes and devices ara shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any par~ thereof. No flashing lights or changing colors shall be allowed. 62 Regular Session February 18, 2002 F. Exterior Storaqe Requlations Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. Exterior storage shall be in accordance with the following regulationm Allowable Allowable Allowable Minimu Maximum Products Stored Location Screening m Height of MatsHals Opacit7 Screening Zone A PROHIBITED Zone B PROHIBITED Zone C Finished Goods Rear or side Wood, masonPj, 50% 10 feet yards bdck or stone similar to buiidin~l color Zone D Raw or finished Rear or side Similar to building 50% 12 feet goods; equipment yards color Zone E* Raw of finished Rear or side Similar to building 100% 15 feet goods; equipment yards color Zone O PROHIBITED *Exterior storage ~s prohibited on lots fronting Seippel Road. 1)Exterior storage of materials, which could be blown into the air or strewn about by the wind. shall be prohibited. 2) The ground area coverage of extedor storage areas shall be the area contained inside the required screening, This area shall De considered to be a building-related feature for purposes of calculating total land area coverages. 3) Exterior storage must be screened from view from adjacent eublic right-of-way, The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping graces shall be steooed so that their top line shall be horizontal. 4) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 5)The City Planner may grant a waiver for screening to exceeo the maxlmurr height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from avery vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. 6) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen, 7) Long-term storage of products or materials in semi-trailers is orohibited, G. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collectior bins, oumps[ers and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that ;~roduced by the principal permitted usc and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind. shalt be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening, This area shall be considered a building-related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) Ali exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way, 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped se that their top line shall be horizontal. 7) Exposea roateria[s used io construct [he opaque screen shall be similar in appearance to materials used for exterior building wails. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails To shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen p[act materials shall be selected and designed so that they will screen me area from the adjacent public right-of-way within five (5) years. ~[. Landscap[hq Requlations The following Landscape Regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees, It is the Regular Session, February 18, 2002 63 intent of these regulations that the development of required open spaces shall reflect a high qual~y of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below, Plant species to be used for landscaping shall be in accordance with the City of Dubuque street tree policy. Existing trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center West shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-fo9t height or greater evergreen. Balance: I Y2 - 2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District, shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18' height or minimum of one (1) gallon potted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road and/or Chavanelle Road shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along said streets. 6) The iestallation of required planting matadals may be phased in direct proportion to the phasing of building construction. Required landscaping shatl be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. 8) The lot owner is required to replant any and ail plant materials, which have died due to any cause dudng the effective period of this PUD Ordinance. 9) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 10) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 11) Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. I. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: a) Exterior Illumination of site features shall be limited to the illumination of the following: Parking areas, driveways and loading facilities Pedesthan walkway surfaces and entrances to building Screened storage areas Building exterior b) Location and design of site lighting shall be in accordance with the following requirements: All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1 .O-foot candle. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. Fixtures mounted on a building shall not be positioned higher than the reefline of the building. Wooden utility type poles are acceptable only for temporary use during construction. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2) Utility Locations: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements. a) Service Lines: All electrical, telephone cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical Equipment: All ground-mounted electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat 64 Regular Session, February 18, 2002 pumps and other similar mechanical equipment shall be screened from view. Screening may consist of plantings or masonry walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a masonry wall shall appear to be an integral part of the building~s overall architectural design. 3) Site Plans: Final site development plans shall be submitted in accordance with Section 4- 4 of the Zoning Ordinance pdor to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to ex[sting storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5) Pla~ng: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 42, SubdiviSion Regulations, of the City of Dubuque Code of Ordinances. 6) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 7) Street Lighting: Streetlights shall be installed in accordance with City of Dubuque standards. 8) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Section 3-5.3 of the Zoning Ordinance. 9) Phased construction of Buildings and Parking Spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 10) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. J. Open Space and Recreational Areas Those areas not designated on the conceptual development plan as "open" shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. K. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or 'lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the' district. L. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section ~ of the Zoning Ordinance. M. Recordinq. A copy of this ordinance shall be recordec at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as-part of this reclassification approval within ten (10) oays after the adoption of this ordinance This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been revleweo by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved ahd adooted this 18th day of February, 2002. Ann ~. Michalski. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 26th day of February, 2002. Jeanne F. Schneider. City Clerk ft 2/26 Buol moved that the requirement that a proposed Ordinance be consideraa and voted on for passage au two Council Meetings prior to the meeting at which it s to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by NichoJson. Motion carded 6-0. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, lows. Zoning Ordinance Text Amendment: Proof of publication on notice .of headng to consider amending the Zoning Ordinance to reduce lot. frontage and lot area requirements in R-1 Single-Family Disthct as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code Regular Session, February 18, 2002 65 of Ordinances by amending Section 3-1.1(F) Bulk Regulations for the R-1 Single-Family Residential District to reduce lot frontage and lot area requirements for single-family residential lots, presented and read, OFFICIAL PUBLICATION ORDINANCE NO. 8-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECITON 3-'1 .'1 iF) BULK REGULATIONS FOR THE R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO REDUCE LOT FRONTAGE AND LOT AREA REQUIREMENTS FOR SINGLE-FAMILY RESIDENTIAL LOTS. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by amending the bulk regulations for single-tamily lots as follows: (F) Bulk Regulations: Lot area in Lot Coverage Front yard Rear Yard Building R-1 DISTRICT BULK square feet frontage as%of setbacks Side Yard Setback in Heigh~ REGULATIONS x 1,000 in feet lot area Min. Max Setback. Deo~h in feet ~ermitfed Uses Sinqid-famity residential 6 S 6~ 5~ 40 20 50 6 20 30 Church (see sectidr 20 100 40 20 20 20 30 2-5.10 of this ordinance Conditional Uses Nursery school/davcare 6 60 40 20 6 20 30 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publicafion, as provided by aw. Passed, approved and adopted this 18~" day of February 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 25~h day of February, 2002. Jeanne F. Schneider, City Clerk 1 t 2/25 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meefings pdor to the meeting at which it is to be finally passed be suseended and further moved final consideration and 3assage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Crescent Heights - Request to Vacate: Proof of 3ublication on notice of hearing and City Manager recommending approval of a request from Larry and Sharon McDermott to vacate a 20-foot wide utility easement on Crescent Heights, presented and read. Markham moved that the proof be received and fi[ed. Seconded by C[ine. Motion carried 6-0. RESOLUTION NO. 84-02 RESOLUTION DISPOSING OF INTEREST AND VACATE A 20-FOOT WIDE UTILITY EASEMENT OVER LOTS 40, 41, AND 42 OF CRESCENT HEIGHTS IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald a newspaper of general circulation published in the City of Dubuque, Iowa on the 8~h day of February, 2002. the City Council of the City of Dubuque, Iowa met on the 18m day of February, 2002, at 6:30 p.m. in the Public Library Auditorium. 360 West 11~ Street. Dubuque, Dubuque, County, Iowa to consider the proposal for the re~ease of real estate descdbed as: A 20-foot ufility easement on Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa, as shown on the attached Exhibit A. 66 Regular Session, February 18, 2002 Whereas, the City Council of the City of Dubuque. iowa overruled any and all objections. oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa. in the hereinabove described real estate. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa in real proper~y described as a 20-foot utility easemen[ on Lots 40. 41, and 42 of Crescent Heights in the City of Dubuque, Iowa to Larry E. and Sharon A. McDermott De and the same s hereby approved for the cost of oublication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement. and the City Clerk be and is hereby authorized and directed to deliver said Release [o Larry E. aha Sharon A. McDermott, upon receipt of the above lees. Section 3. That the City Clerk be and is hereby authorized anc directed to record a certified copy of this resolution in the office of the City Assessor. Dubuque County Recorder and Dubuque County Auditor. Passed. approved and adopted this 18'" day of February, 2002. Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Markham movea adoption of the Resolutior Seconded by Cline. Motion carded 6-0. Mt. Carmel Sanitary Sewer Extension Connection Fees: Proof of publication on notice of hearing aha City Manager recommending adoptior ct the connection fees for the Mt. Carmel sanitary sewer extension project, presented and read. Dual moved that the proof and communicatior be received and filed. Seconded by Cline. Motion carried 6-0. An Ordinance Establishing the VIt. Carmel Sanitary Sewer Extension Project and a schedule of fees for the connection of property to said sewer, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 09-02 AN ORDINANCE ESTABLISHING THE MT. CARMEL SANITARY SEWER EXTENSION PROJECT AND A SCHEDULE OF FEES FOR THE CONNECTION OF PROPERTY TO SAID SEWER Whereas. after full consideration of the final connection fee schedule showing the connection fees proposed to be made for the Mt. Carmel Sanitary Sewer Extension Prejec[. which schedule of connection fees was filed in [he office of the City Clerk on the 315~ day of January, 2002: and Whereas, the City Council has determined that the amounts shown on said schedule are proper and are in proportion to the benefits conferred; and Whereas. the City Council further finds that the Mt. Carmel Sanitary Sewer Extension Project should be established and the connection fee schedule be approved and adopted. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. There is hereby established the Mt. Carmel Sanitary Sewer Extension Project and a schedule of fees for the connection of property to said City sewer, as shown on the schedule attached hereto. Section 2. Eacf person whose property will be servea by connection to said City sewer shall pay a connection fee to the City, as s~own on the schedule attached hereto in the full amount if the entire DreDerty is connec[ea to said City sewer, or pro-rated on ti~e basis of the percentage of area connected as to the total acreage, = only a portion of the property is connected. Section 3. Such connection fee shall be due and payable when a sewer connection application is filed with the City. All fees collected under this Ordinance shall be paid to the City Treasurer Section 4. The Cit7 Clerk is hereby authodzec and directed to certify a copy of this Ordinance for recording in the office of the Dubuque County Recorder. Passed, approved and adopted this 18~ day of February, 2002. Ann E. Michalski, Mayor Pre-Tern Attest: Jeanne F. Schneider, City Clerk Published off~cially in the Telegraph Herald newspaper this 25th day of February, 2002. Jeanne F. Schneider. City Clerk It 2/25 Dual moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Motion carried 6-0. Markham movec that the rules be ~einstated limiting discussion to the Council. Seconded by Cline. Motion carded 6-0 ACTION ITEMS Penalties for Tobacco Permit Holdem: City Manager recommending the assessment of civil aenalties against nine tobacco permit holders. Regular Session, February 18, 2002 67 presented and read. Nicholson moved that the communication be received and filed and resolved to assess the penalties. Seconded by Buoi. Motion carried 6-0. Southem Hills Subdivision Il - Final Plat: City Manager recommending approval of the final plat of Lots 1 - 24 inclusive of Block 1, and Lots A - E inclusive of Southern Hills Subdivision II located northeast of the Lake Eleanor Road and Kane Road intersection, presented and read. Cline moved [o received and filed the communication. Seconded by Nicho~son. Motion carded 6-0. RESOLUTION NO. 85-02 RESOLUTION APPROVING THE FINAL PLAT OF LOTS '1-24, INCLUSIVE, OF BLOCK 1 AND LOT A-E OF SOUTHERN HILLS SUBDIVISION II IN DUBUQUE COUNTY, IOWA Whereas. there has been filed with the City Clerk a final plat of Lots 1-24, inclusive, of Block 1, and Lots A-E of Southern Hi~ls Subdivision II; and Whereas, upon said plat provides 0 feet of frontage for Lots B, C, D and E where 60 feet is required by Section 42-19(b) of the Subdivision Regulations: and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon, with the waiver of Article IV Design and Improvement Standards of the Subdivision Regulations, except for Section 41-29: and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon: and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOVV THEREFORE, BE IT RESOLVED BY THE CITY COUNCIE OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Section 2, That the I~nal plat of Lots 1-24, inclusive, of Block 1 and Lots A-E. inclusive, of Southern Hills Subdivision II is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa. upon said subdivision plat. Passed, approved and adopted this 18th day of February, 2002. Ann E. Michalski, Mayor Pm-Tern Attest: Jeanne F. Schneider. City Clerk Clthe moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. Mayor Duggan entered the Chambers at 7:46 P.M. Dubuque Industrial Center West - Final Plat: City Manager recommending approval of the final plat of Lot 6, Lot 7, Lot F and Lot G of Dubuque Industrial Center West to allow for the sale of Lot 6 for construction of a new industrial building, presented and read. Cline moved To received and filed the communication. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 86-02 A RESOLUTION APPROVING THE FINAL PLAT LOT 6, LOT 7, LOT "F" AND LOT "G" OF DUBUQUE INDUSTRIAL CENTER WEST IN THE CITY OF DUBUQUE, IOWA. Whereas, there has Dean filed with the City Clerk a final plat Lot 6, Lot 7. Lot "F~ and Lot "G" of Dubuque Industrial Center West in the City of Dubuque; and Whereas, upon said final plat appears a street to be known as Chavene[le Road (Lot F), together with certain public utility and sanitary sewer easements which the owners by said final plat have dedicated to the public forever: and Whereas, said plat provides 1.831 acres of lot area for Lot 7, where five (5)of lot area is required, by Ordinance 14-98. Section (C)(2) which established the Dubuque Industrial Center West; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas. said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: Section 1. That the dedication of Chavenelle Road (Lot F) together with easements for public utilities and sanitary sewer as they appear upon said final p]at, be and the same are hereby accepted, and Section 2. That the lot area requirement of five (5) acres established by Ordinance 14-95, Section (C)(2) is waived to allow Lot 7 to have 1.831 acres of lot area. Section 3. That the final plat of Lot 6. Lot 7, Lot "F" and Lot "G~ of Dubuque Industhal Center West is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, iowa, upon said final plat. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-16'1 through 41-164. The responsibility shall 68 Regular Session, February 18, 2002 extend to all successors, heirs and assignees, Sidewalk installation will not be required until the development of the lot has been completed except as required herein. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. All vacant lots shall have sidewalks installed upon development of 80% of the developao~e lots approved by the final plat. Section 5 That the final acceptance of all public improvements shall occur upon certification of the City Engineer that all aublic improvements have been comaleted in accordance with the ~mprovement plans and City standards specifications. Passed. approved and adoeted this 18th day of Feoruary, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 86-02 I, the undersigned, Terrance M. Duggan, Mayor, City of Dubuque, having read the terms and conditions of the Resolution No. 86-02 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated i~ Dubuque, Iowa this 18th day of February, 2002. By:/s/Terrence M. Duggan, Mayor Cline moved adoptio~ of the Resolution. Seconded by Nicholson. Motion carried 7-0. Junk Dealers. Secondhand Dealers and Pawnbrokers Ordinance: City Manager recommending an amendment to Chapter 29 of the City of Dubuque Code of Ordinances that would allow electronic record keeping and add record keeping requirements for additional items to the Junk Dealers, Secondhand Dealers and Pawnbrokers Ordinance, presented and read. Buo[ moved that the communication be received and filed. Seconded by Markham. Motion carded Michael Koch, 1623 Thomas PI., as owner of Dubuque Jewelry & Loan. spoke stating opposition to the proposed Ordinance, stressing that the Police can request records at any time. Bob Atkinson. 1542 Centra! spoke objecting to the preposeo Ordinance, stating there's no way to keep [mCK of some things he has, such as 6,000 3ennies he recently acquired. An Ordinance Amending the City of Dubuque Code of Ordinances Section 29-2 permitting electronic record keeping by Dawn snaps and secondhand dealers and amending Section 29-4 to reouire secondhand transactions involving collectibles, computers, software, comouter accessories. CDs DVDs tapes, videos and other mediums for transmitting ~mages or sounds be included in the Ordinance, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 10-02 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 29-2 PERMITTING ELECTRONIC RECORD KEEPING BY PAWN SHOPS AND SECONDHAND DEALERS AND AMENDING SECTION 29-4 TO REQUIRE SECONDHAND TRANSACTIONS INVOLVING COLLECT- IBLES, COMPUTERS, SOFT1NARE, COM- PUTER ACCESSORIES, CDs, DVDs, TAPES, VIDEOS AND OTHER MEDIUMS FOR TRANSMITTING IMAGES OR SOUNDS BE INCLUDED IN THE ORDINANCE. NOW, THEREFORE. BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 29-2 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 29-2 Required records. When goods or materials described in Section 29~, are received by purchase, as secudty or on consignment, it shall be the duty of the person or organization receiving the goods or materials to permanently record in the English language on serially numbered, triplicate forms approved by the chief of police, All forms printed whether used or voided shall be accounted for by the licensee. The forms shall contain the following information, (1) Name and address of the persor from whom it was received witl' the means of identification used, i.e., driver's license birth certificate, em.,; (2) Date. time and place of the transaction; (3) A detailed and accurate descriction of each article received including serial numbers or identifying marks, In the case of junk, a general description of the composition al aggregate purchase is sufficient; (4) A record of whether the transaction was a purchase, a security or consignment transaction: (5) A record of monies paid or loaned and which may be maintained separately but which must be available for inspection in the course of examination of individual transaction: (6) A ,ecord of name, address and how an article was disposed of, f not redeemed. This subsection does not apply to disposition of junk: (7) All forms, whether used or not, shall be maintained in numerical sequence All receipts and records pertaining to the receist of gooas and materia s as described m this article shall ae open to inspection dudng regular business hours by any police officer acting in the course of official duty and under the direction of the chief of police or the chief investigating officer of the police department, Failure to keep such records, or making false entries therein, or refusal to produce the same Regular Session, February 18, 2002 69 when requested by the persons entitled to inspect the same, shall subject the offender to penalty as provided in section 1-8 of this Code, Every pawnbroker and secondhand dealer shall make available all such ,ecords immediately upon demand of any Dubuque police officer. The chief of police may authorize the records required in this section be maintained in an electronic database in lieu of pdnted forms. The chief of police shall approve any database system prior to its being utilized by a secondhand dealer or pawnbroker. Section 2. Section 29-4 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 29-4. Purchases, security and consignment transactions. The purchase, receipt as security, or on consignment of the following listed goods or materials shall be governed by this article: Household appliances Sporting goods Household furniture Bicycles Glassware Untitled motor vehicles Jewelry Electronic equipment Precious and semi-precious stones Motor vehicle parts and equipment Silvedsilverware Photographic/video parts and equipment Precious metals and coins Stereo equipment Lawn and garder tools, equipment and furnishings Radio equipment Television equipment Rare books Tools Works of art Junk Computers, software and computer accessories CDs, DVDs. videos, tapes and other similar mediums of transmitting images or sounds Collectibles Antique, used or scrap jewelry and precious metals shall be retained in the local place of business and it shall be unlawful to change the form of said items by melting, remounting, cutting up or otherwise changing the form of said items for a period of one hundred twenty (120) hours from the time of said transaction. The following listed items shall be exempt from the provisions of [his article: Beverage contafoers and scrap paper. Section 3. This Ordinance shall take effect upon publication. Passed, approved · ~h and adopted this 18 dayof February, 2002, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially ir the Telegraph Herald newspaper this 25t~ day of February, 2002. Jeanne F. Schneider. City Clerk 1 t 2/25 Beel moved thai the reeuirement that a proposeC Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by. Markham. Motion carried 7-0. Dubuque Jaycees/Peosta Channel Trail Project: City Manager recommending awaro of the contract for the Dubuque Jaycees/Peosta Channel Trail Project to Tschiggfrie Excavating in the amount of $330,607.10 presented aee read. Markham moved that the communication be received and filed, Seconded by Michalski, Motion carried 7-0 RESOLUTION NO. 87-02 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Dubuque Jaycees/Peesta Channel Trail Projeci pursuant to Resolution No. 558-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of January, 2002. Whereas, said sealed proposals were opened and read on the 31st day of January, 2002, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $356,607.10 was the lowest bid for the fomishthgs of all labor and materials and performing the work as provided for in the nlans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded fo Tschiggfrie Excavating, less $26.000 for the shade structure containec in ACC Alternate 2, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE iT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18'~ day of February, 2002 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution Seconded by Michalski. Motion carded 7-0. 70 Regular Session, February 18, 2002 COUNCIL MEMBER REPORTS Markham spoke stating his concern with Mediacom Cable and stressed encouraging the Legislators to change the deragulation as it is no[ working. Michaiski spoke stating their neeo for an update on Cable franchise negotiations as to a basic cable package. ITEMS TO BE SET FOR PUBLIC HEARING C.J. Bies Subdivision - Request to Vaca[e Utility Easement: City Manager recommending that a public hearing be set for March 4. 2002 to consider a request from Tom Oster to vacate a ten foot wide utility easemera in C.J. Bies Subdivision. presented and read. Mici~aiski moved that the communication be received and filed. Seconded by Nicho[son. Motion carried 7- 0. RESOLUTION NO. 88-02 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASE- MENT OVER LOTS 4 AND 5 OF C.J. BIES SUBDIVISION NO, 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas Peter aha Pamela Triolo. Roger G. and Christine Klauer and Patdck and Kathieen M. Sullivan are the current owners of Lots 4 aha 5 of C.J. Bias Subdivision No. 2: Whereas. a 10-foot wide utility easement is currently platted on said lots; an(: Whereas. Peter and Pamela Tdo]o. Roger G. and Christine Klauer, and Patrick and Kathleen M. Sullivan have petitioned [o vacate [he easemen[ in said lots: and NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City of Dubuque intends [o dispose of its interest and vacate the existing 10-foot wide utility easement over Lots 4 and 5 of C.J. Bias Subdivision No. 2. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent [o dispose to be published as prescribed under Section 364.7 Code of Iowa. 1999 or amended. Passea. approved and adODtad this 18~" day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Micha[sk[ moved adoption of the Resolution and further set this for Public Hearing on 3/4/02 at a meeting [o commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Expansion of Giese Manufacturing, Inc. at the Dubuque Industrial Center West: City Manager 'ecommending that a public hearing be set for March 4, 2002 To consider disposing of an interest in read proper6/ to Giese Properties, L.L.C. ane the Giese Manufacturing Company, Inc., and approval of a Development Agreement, presented and read. Michalski movee that the communication be received and fi[ed. Seconded by Nicho[son. Motion carried 7-0. RESOLUTION NO. 89-02 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY SALE TO GIESE PROPERTIES, L.L.C. PURSUANT TO DEVELOPMENT AGREEMENT WITH GIESE PROPERTIES, L.L.C. AND THE GIESE MANUFACTURING COMPANY, INC. WHEREAS. the City of Dubuque, Iowa (City) is the owner of the following real property (the Property), as shown on the Exhibit attached hereto consisting of 5 acres, more or less; and WHEREAS. City, Giese ProPerties. L.L.C. and Giese Manufacturing Company, nc. have entered into a Development Agreement, subject [o the approval of the City Council, a copy of which is on file at the Office of the City Clerk, City Hall, 50 W. 13~ Street, Dubuque, Iowa pursuant [o which City wil[ sell the Property to G[ese Properties, L.L.C.; and WHEREAS. the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including conveyance Of the Property to Giese Properties, L.L.C. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property to Giese Properties. L.L.C. Section 2. The City Clerk is heraoy authorized and directed to cause this Resolution and a notice to be published as prescribed by Io.w.,a Code Section 364.7 of a public hearing on City s intent to dispose of the foregoing-described Property, to be held on the 4th day of March, at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11'" Street, Dubuque iowa. Passed, approved and adopted this 16th day of February 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution aha further set this for Public Hearing on 3/4/02 a[ a meeting To commence at 6:30 P.M. in the public library auditorium and that the Cit~ Clerk publish notice in the manner prescribed by ]aw. Seconded by Nicholson. Motion carried 7-0. Fisca Year 2003 Budge[: City Manager recommending that a public hearing se set for Regular Session, February 18, 2002 71 Tuesday, March 5. 2002 on the Fiscal Year 2003 BudgeT, presented and read. Micha[ski moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7- 0. RESOLUTION NO. 90-02 RESOLUTION SE'I-rING THE DATE OF THE PUBLIC HEARING ON THE FISCAL YEAR 2003 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before [he final certitication date and shall publish notice before the headng as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE. SE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 2003 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 5, 2002, beginning at 6:30 p.m, Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law notice of public headng Iogether with the required budget information. Passed, approved and adopted this 18'n day of February 2002. Terrance M. Duggan. Mayor Attest: Jeanne F. Schneider City Clerk Michalski moved adoption of the Resolution and further set this for Pubtic Hearing for Tuesday, 3/5/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 91-02 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVE- MENT PROGRAM Whereas, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year are included in the Fiscal Year 2003 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvemen[ Program simultaneously with the public hearing and adoption of the Fiscal Year 2003 budget for the City of Dubuque. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1, That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Librar~ Auditodurr 360 West 11th Street. Dubuque, Iowa, on Tuesday, March 5, 2002. beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public headng. Passed, approved and adopted this 18'" day of February 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution and set this for Public Headng on Tuesday, 3/5/02 at a meeting [o commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Napier Storm and Sanitary Sewer Reconstruction initiate: City Manager recommending initiation of the bidding process for the Napier Storm ano Sanitary Sewer Reconstruction Project and setting a public hearing for March 18, 2002, presented and read. Michalski moved that the communication be received and filed, Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 92-02 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT RESOLVED BY -HE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cos[ for the Napier Street Storm & Sanitary Sewer Reconstruction Project. in the estimated amount of $123,632.82, are hereby approved and ordere(~ flied in the office of the City Clerk for public inspection. Passed. approved and adopted this 18~ day of February, 2002. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Micha[ski moved that the communication De received and fried. Seconded by Nichctson. Motion carried 7-0. RESOLUTION NO. 93-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, owa has g~ven its preliminary approval on the proposed plans, specifications. and form of contract and placed same on file in [he office of the City Clerk for public inspection of the Napier Street Storm & Sanitary Sewer Reconstruction Project, NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: 72 Regular Session, February 18, 2002 That on the 18t~ day of March, 2002, a public hearing will ce held at 6:30 p.m. in the Public Library Auditedum at which lime interested persons may apoear and be heard for or against the proposed ~lans aec specifications, form of contract ana cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such heedng to be published n a newspaper having general circulation in the City of Dubuque, ~owa. which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At [he hearing, any interested person may appear and file objections to the proposea p~ans, specifications, contract, or estimate0 cost of the improvement. Passed. approved and adopted this 18~n day of February, .2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set this for Public Hearing on 3118/02 at a meeting to commence at 6:30 P.M. in the 3ublic library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 94-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE IOWA: /' That the Napier Street Storm & Sanitary SewerL-- Reconstruction Project is hereby ordered to be advertised for bids for construction BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be i~ an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published ~n a newspaper having genera[ circulation in the City of Dubuque, Iowa. which notice shall not ce less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on [he 7'" day of March, 2002. Bids shall be opened ano read by the City Clerk at said time and will be submitted to the Council for final action a! 6:30 p.m. on the 18~" day of Mamh. 2002. Passed. approved and adopted this 18'" day of February, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Micha[ski moved adoption of the :~esolution. Seconded ~y Nicholson. Motion carried 7-0. There being no further business, Buol moved to adjourn. Seconded by Nicholsor Motion cardeo 7-0. The meeting adjourned at 8:08 P.M. Is/Jeanne F. Schneider. CMC City Clerk 1 t 2/27 Approved July, 1, 2002 Approved July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jeanne F. Schneider City Clerk Council Members Clerk Special Session, February 20, 2002 73 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 20, 2002 Council met in special session at 6:15 p,m. in the Library Auditorium Present: Council Members BuoL Cline, Connors, Markham. Nichoison: City Manager Michaet Van Milligen Absent: Mayor Duggan, Council Member Michalski Council Member Nicholson read the call anc stated this is a special session of the City Council caltsd for the purpose of discussing various City budgets and such other business [hat may come before the Council City Manager recommending the sale of $1,000,000 General Obligation Bonds for the Main Street reconstruction project. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 5-0. RESOLUTION NO. 95-02 RESOLUTION DIRECTING SALE OF $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B Whereas, pursuant to notice as required by law, bids have been received at public safe for the Bonds described as follows and the best bid 'ece~ved is determined to be the following: $1,000,000 GENERAL OBLIGATION BONDS, SERIES 2002B Bidder: RBC Dain Rauscher Inc. of West Des Vioines, IA the terms of said bid being; Purchase Price: $990,000.00 Net Interest Rate: 4.7348% Net Interest Cost $557,161.88 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are herby awarded based on said bid. Section 2. That the statement of information for Bond Bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized To execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed, approved and adopted this 20~n day of February, 2002. Dan Nicholson, Acting Mayor Pre-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Markham. Motion carded 5-0. Mayor Pro-Tem Michalski entered the meeting at 6:20 p.m. The Civic Center Division, Recreation Division, Park Division, information Services Department and Cable TV Division budgets were 3reserded and discussed. There being no further business, Cline moved to adjourn. Seconded by Nicholson Motion carried 6-0. The meeting adjourned at 8:25 p,m. /s/Jeanne F, Schneider, CMC City Clerk It 3/1 Approved: July 1, 2002 Adopted: July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jeanne F. Schneider City Clerk Council Members .,~ Clerk 74 Special Session, February 21, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Special Session. February 21. 2002 Council met in special session at 6:15 p.m. in the Library Auditorium Present: Mayor Pro-Tam MichalskL. Council Members Buo Cline, Connors. Markham. Nicholson; City Manager Michael Van Mflligen Absent: Mayor Duggan Mayor Pro-Tam Michalski read the cai and stated Ihis ~s a special session of the City Council called for the purpose of discussing various City budgets and such ether business that may come before the Council. City Manager recommending initiation of the oublic bidding omcess for the Mississippi Riverwalk and Amenities Project and setting a public hearing for April 1, 2002. Buol moved that the communication be received and flied. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 96-02 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Mississippi Riverwalk & Amenities Project, in the estimated amount of ~;4,324,012.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this 21s~ day of February, 2002. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 97-02 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas. the City Counc[ of the City of Dubuque, Iowa has given its preliminary approval on the proposeo plans, specifications. and form of contract and placed same on file in the office of the City Clerk for public inspection of the Mississippi R[verwalk & Amenities Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the Is' day of April, 2002. a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed ~ans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such heating to be published in a newspaper having general circulation in the City of Dubuque, ~owa. which notice shall be not ]ess than four days nor more than [wenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to me proposed plans, specifications, contract, or estimated cost of the improvement. Passed. approvec and adopted this 2¢' day of February, 2002. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution and further set this for Public Hearing on 4/1/02 at a meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in tne manner orescdbed by law. Seconded b~, Markham. Motion carried 6-0. RESOLUTION NO. 98-02 ORDERING BIDS NOW THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 3UBUQUE, IOWA: That the Mississippi Riverwalk & Amenities Project is hereby ordered to be adver~aed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accornpan:~ each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa. which notice shall not be less than four days nor more than forty-five days orior to the receipt of said bids at 2:00 p.m. on the 19th day of March. 2002. Bids shall be ooened and read by the City Clerk at said time an¢ will be submitted to the Council for final action at 6:30 p.m. on the 1st day of April, 2002. Passed, approved and adopted this 21s, day of February, 2002 Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, Ci[y Clerk Buol moved aaootion of the Resolution. Seconded by Markham Motion carried 6-0. The Planning Services Department Budget 'Nas presented and discussed. Steve Horman of the Dubuque Area Chamber of Commerce spoke in support of proceeding with the Downtown Master Plan. Regular Session, February21, 2002 75 Terry Mozen~, Chair of the Histodc Preservation Commission, expressed appreci- ation for the City Council's support of their programs. Dr. Mary Lynn Neumeister expressed appreciation for support of the Long Range Planning Advisory Commission and commented that the Commission was concerned that there was not sufficient Planning Services staff to undertake the Zoning Ordinance Update. Tammy Pfab. representing the Old House Enthusiasts, requested continued suppor[ for histodc preservation efforts. Dan LoBianco, Dubuque Main Street stated appreciation for the Downtown Master Plan. Dave Stuart, 1470 Locust Street, stated his appreciation for the Planning Services staff. There was Council consensus that the Zoning Ordinance update should be discussed at the next goal setting session. The Economic Development Department budget Was presented and discussed The Transit Division budget was 2resented and discussed. John VanderMeulen, Transit Division employee, raised vadous issues concerning the Transit Division budget. Pat Healy, 227 Bryant, spoke regarding additional funding for part-time ddvers and in the The Parking Division budget was presented and discussed. Michalski expressed concern about the lack of sufficient handicapped parking spaces throughout the City, especially at the Five Flags Center and Library. Mayor Pre-Tern Michatski opened the public hearing on the Fiscal Year 2003 Community Development Block Grant Annual Plan. The Housing and Community Development Department budget was presented and discussed. There being no further business. Nicholson moved to adjourn. Seconded by Markham. Motion carried 6-0. The meeting adjourned at 8:46 p.m. It 3/1 /s/Jeanne F. Schneider. CMC City Clerk Approved: July 1, 2002 Adopted: July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jeanne F. Schneider City Clerk Council Attest: ¢¢¢2 Buol moved to suspend the rules to allow any present to address the Council. Seconded by Cline. Motion carried 6-0. Walt Pregler, 2966 Shirts Avenue, expressed concern for the reallocation of $15,000 from the CDBG Contingency Fund to the Histodc Preservation Homeowner Grant Program. Terry Mozena, Chair of the Histodc Preservation Commission. spoke in support of the reallocation. Nicholson moved to reinstate the rules closing the Public Hearing. Seconded Dy BuoL Motion carried 6-0. 76 Special Session, February 25, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Special Session. February 25, 2O02 Council met in special session at 6:15 p.m, in the Library Auditorium Present: Mayor Duggan, Council Members Buol. Cline, Connom, Markham. MichalskL Nicholson; City Manager Michael Van Miliigen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Airport Department, Library Department. and Water Department budgets were presented and discussea. Council Member Nicholson stated he would like the Library Department's Decision Package 2 of 17 brought back for further discussion at the final public he~dng. Consensus was not reached on this item, Purchase of Services Budgets were represented: Sue Czeshinski for the Convention and Visitors Bureau; Dave George for Dubuque Area Labor Management Council; Dan LoBianco for Dubuque Main Street Ltd.: David Runyon for Helping Services of Northeast Iowa; Steve Jacobs for Project Concern (Information and Referra Child Care Referral. ano Foster Grandparent Program); Rick Dickinson for Greater Dubuque Development Corporation; Myra Benzer for :~etirad Senior Volunteer Program; and Dianne Thomas for Substance Abuse Services Center, all spoke concerning their proposed allocation of funds Bob Woodward. representing the Grand Opera House, Dubuque Museum of Art and Dubucue Sympnony Orchestra. addressed the Council requesting funding in the amount of $50.000 for each non-orofit organization. There being no further business. Michelski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 7:53 p.m. Approved July 1, 2002 Adopted. July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Members Attest: /s/ Jenane F. Schneider City Clerk Council Members Att : ~ /~ Clerk /s/Jeanne F. Schneider. CMC City Clerk It 3/5 Special Session, February 27, 2002 77 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Cit7 Council, Special Session. February 27, 2002 Council met in special session at 6:15 p.m. in the Library Auditorium Present: Mayor Duggan, Council Members Buol. Cline. Connors, Michaisk Nicholson: City Manager Michael Van Mi]ligen Absent: Council Member Markham Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Emergency Communications Center, Emergency Management Office, Fire Department, Health Services Depar[ment and Police Department budgets were presented and discussed. There being no further business, Cline moved to adjourn. Seconded by Buol. Motion carried 6-0. The meeting adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk It 3/7 Approved: July 1, 2002 Adopted: July 1, 2002 /s/ Terrance M. Duggan Mayor /s/ Joyce Connors /s/ Dan Nicholson /s/ Ann E. Michalski /s/ Roy D. Buol /s/ John H. Markham /s/ Patricia A. Cline Council Memberes Attest: /s/ Jeanne F. Schneider City Clerk 2001 ~~,~~~Attest: