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2002 May Council Proceedings Regular Session, May 6, 2002 179 DUBUQUE estimated amount of $1,676.90 for property damage, presented and read. Buol moved that CITY COUNCIL the claims and suits be referred to the legal staff OFFICIAL for investigation and report. Seconded by PROCEEDINGS Cline. Motion carried 7-0. City Council, Regular Session, May 6, 2002 Corporation Counsel advising that the Council met in Regular Session at 6:30 P.M. in following claims have been referred to Public the Library Auditorium Entity Risk Services of Iowa, the agent for the Present: Mayor Duggan, Council Members Iowa Communities Assurance Pool: Shawn M. Buol, Cline, Connors, Markham, Michalski, Kohnen for vehicle damage; Joan Nicks for Nicholson, City Manager Michael Van Milligen, property damage, presented and read. Buol Corporation Counsel Barry Lindahl. moved that that communication be received and filed and concurred. Seconded by Cline. Motion Mayor Duggan read the call and stated this is carried 7-0. the regular session of the City Council called for the purpose of acting upon such business which Corporation Council recommending settlement may properly come before the City Council. of the claim of Joe Ungs in the amount of $93.46 for vehicle damage and directing Finance Invocation was given by Assistant Pastor Bob Director to issue payment, presented and read. Buchanan of Bible Baptist Church. Buol moved that that communication be received and filed and concurred. Seconded by Proclamations: Youth Week (May 5–11, 2002) Cline. Motion carried 7-0. received by Dorothy Culbertson; Historic Preservation Week (May 12–18, 2002) received Corporation Counsel recommending denial of by Terry Mozena; Homes for the Aging Week the claim of Rick Biedermann for vehicle (May 12–18, 2002) received by Troy Smith; damage, presented and read. Buol moved that Hospital Week (May 12–18, 2002) received by that communication be received and filed and John Knox of The Finley Hospital; Nursing concurred. Seconded by Cline. Motion carried Home Week (May 12–18, 2002) received by 7-0. Barbara Barker; and Mental Health Month (May, 2002) received by Betty Allen. Citizen Communications: (a) Communication from Duaine and Jane CONSENT ITEMS Greenfield regarding The Busted Lift, presented and read. Buol moved that the communication Minutes Submitted: Airport Commission of be received and filed and referred to the City 3/25; City Council of 4/15; Civil Service Manager. Seconded by Cline. Motion carried 7- Commission of 3/8; Environmental Stewardship 0. Advisory Commission of 4/9; Five Flags (b) Communication from Jennifer A. Clemens- Commission of 4/15; Historic Preservation Conlon, representing Canvas Products Commission of 4/18; Long Range Planning Company, regarding The Busted Lift, presented Advisory Commission of 4/17, presented and and read. Buol moved that the communication read. Buol moved that the minutes be received be received and filed and referred to the City and filed. Seconded by Cline. Motion carried 7- Manager. Seconded by Cline. Motion carried 7- 0. 0. Proof of publication of City Council (c) Communication of Michael W. Basten Proceedings of 4/1, presented and read. Buol requesting to acquire a portion of City-owned moved that the proof be received and filed. property located at 2804 Van Buren Avenue at Seconded by Cline. Motion carried 7-0. the corner of Isborn Avenue, presented and Dubuque Area Chamber of Commerce read. Buol moved that the communication be Convention and Visitors Bureau Quarterly received and filed and referred to the City Report, presented and read. Buol moved that Manager. Seconded by Cline. Motion carried 7- the communication be received and filed. 0. Seconded by Cline. Motion carried 7-0. (d) Communication of Joseph G. Feltes requesting to acquire a portion of City-owned Notice of Claims/Suits: Eugene Conklin in property located on Stafford Avenue, presented estimated amount of $8.48 for property damage; and read. Buol moved that the communication Shawn Kohnen in undetermined amount for be received and filed and referred to the City vehicle damage; Darlene Millard in estimated Manager. Seconded by Cline. Motion carried 7- amount of $485.04 for vehicle damage; Joan 0. Nicks in estimated amount of $2,170 for property (e) Communication of Callahan Construction, damage; Jerry Turner (for Judy Eckstein) in Inc., requesting voluntary annexation of property 180 Regular Session, May 6, 2002 located between the City of Dubuque and the Whereas, said amendment is a non- City of Asbury, presented and read. Buol substantial amendment as provided in the City's moved that the communication be received and Citizen Participation Plan and must therefore be filed and referred to the City Manager. approved by resolution of the City Council after Seconded by Cline. Motion carried 7-0. review by the Community Development Advisory (f) Communication of Stephanie and Keith Commission; and Wieland, 2910 Jackson Street, regarding the Whereas, the Community Development rental policy of the new pavilion at Comiskey Advisory Commission reviewed the proposed Park, presented and read. Buol moved that the amendment on April 11, 2002, and has voted to communication be received and filed and approve said amendment and to recommend referred to the City Manager. Seconded by approval by the City Council. Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Lead Paint Demonstration Project Funding: DUBUQUE, IOWA: City Manager recommending approval of an Section 1. That Amendment 4 to the Fiscal application to the Community Environmental Year 2002 (Program Year 2001) Annual Action Health Resource Center for funds to enhance Plan for the Community Development Block the work of the current Lead Paint Hazard Grant Program hereto attached as Exhibit A is Reduction Program, presented and read. Buol hereby approved. moved that the communication be received and Section 2. That the City Manager is hereby filed and approved recommendation. Seconded authorized and directed to submit a copy of this by Cline. Motion carried 7-0. resolution to the U. S. Department of Housing and Urban Development. Lead Paint Education Program Funding: City Passed, approved and adopted this 6th day of Manager recommending approval of an May 2002. application to the “Lead Safe . . .for Kid’s Sake” Terrance M. Duggan, Mayor competition for funds to enhance the educational Attest: Jeanne F. Schneider, City Clerk aspects of the current Lead Paint Hazard Buol moved adoption of the Resolution. Reduction Program, presented and read. Buol Seconded by Cline. Motion carried 7-0. moved that the communication be received and filed and approved recommendation. Seconded Family Self-Sufficiency and Homeownership by Cline. Motion carried 7-0. Program Coordinator: City Manager recommending approval of an application to the Fiscal Year 2002 Annual Action Plan – U.S. Department of Housing and Urban Amendment 4: City Manager recommending Development (HUD) for funds to renew the approval of proposed changes to the City’s City’s current Family Self-Sufficiency Program Community Development Block Grant (CDBG) Coordinator position and for new funding to Fiscal Year 2002 Annual Action Plan to provide contract for services to promote homeownership additional funding for the landscaping project at opportunities for Section 8 Program families, Second and Bluff Streets, presented and read. presented and read. Buol moved that the Buol moved that the communication be received communication be received and filed and and filed. Seconded by Cline. Motion carried 7-approved recommendation. Seconded by Cline. 0. Motion carried 7-0. RESOLUTION NO. 227-02 Housing Commission: Danise Miller RESOLUTION APPROVING AMENDMENT 4 submitting her resignation from the Housing TO THE FISCAL YEAR 2002 (PROGRAM Commission, presented and read. Buol moved YEAR 2001) ANNUAL ACTION PLAN FOR that the communication be received and filed COMMUNITY DEVELOPMENT BLOCK and accepted the resignation with regret. GRANT FUNDS. Seconded by Cline. Motion carried 7-0. Whereas, the City of Dubuque has prepared and filed with the U.S. Department of Housing Mississippi River Discovery Center Utility and Urban Development an Annual Action Plan Relocation Project – Acceptance: City Manager for Fiscal Year 2002 (Program Year 2001); and recommending acceptance of the Mississippi Whereas, the City has previously amended the River Discovery Center Utility Relocation Project FY 2002 Annual Action Plan on October 1, in the final contract amount of $327,031.28, 2001, November 27, 2001 and April 1, 2002; presented and read. Buol moved that the and communication be received and filed. Seconded Whereas, the City now desires to amend said by Cline. Motion carried 7-0. FY 2002 Annual Action Plan to allocate funds as per the attached Exhibit A; and Regular Session, May 6, 2002 181 RESOLUTION NO. 228-02 RESOLUTION NO. 230-02 ACCEPTING IMPROVEMENT A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE OAK Whereas, the contract for the Mississippi River STREET SANITARY SEWER EXTENSION Discovery Center Utility Relocation Project has PROJECT INCLUDING CERTAIN been completed and the City Manager has INFORMATION REQUIRED BY THE CODE OF examined the work and filed his certificate IOWA, SPECIFICALLY, THE NUMBER OF stating that the same has been completed ANNUAL INSTALLMENTS INTO WHICH according to the terms of the contract, plans and ASSESSMENTS ARE DIVIDED, THE specifications and recommends its acceptance. INTEREST OF ALL UNPAID INSTALLMENTS, NOW THEREFORE, BE IT RESOLVED BY THE TIME WHEN THE ASSESSMENTS ARE THE CITY COUNCIL OF THE CITY OF PAYABLE AND DIRECTING THE CLERK TO DUBUQUE, IOWA: CERTIFY THE FINAL SCHEDULE AND TO Section 1. That the recommendation of the PUBLISH NOTICE THEREOF City Manager be approved and that said improvement be and the same is hereby NOW THEREFORE, BE IT RESOLVED BY accepted.THE CITY COUNCIL OF THE CITY OF BE IT FURTHER RESOLVED that the City DUBUQUE, IOWA: Treasurer be and he is hereby directed to pay to That after full consideration of the final the contractor from the Fiscal Year 2001 Water schedule of assessments and accompanying Construction, Sewer Construction, Cable plat showing the assessments proposed to be Television, and General Funds in amount equal made for the construction of the Oak Street to the amount of his contract, less any retained Sanitary Sewer Extension Project under contract percentage provided for therein. with Tschiggfrie Excavating of Dubuque, Iowa, Passed, approved and adopted this 6th day of which final plat and schedule were filed in the nd May, 2002. office of the City Clerk on the 2 day of May, Terrance M. Duggan, Mayor 2002, the said schedule of assessments be and Attest: Jeanne F. Schneider, CMC, City Clerk the same is hereby approved and adopted. Buol moved adoption of the Resolution. That there be, and is hereby assessed and Seconded by Cline. Motion carried 7-0. levied as a special tax against and upon each of the lots, the respective sums indicated. RESOLUTION NO. 229-02 Provided, further, that the amounts shown in FINAL ESTIMATE said final schedule of assessments as Whereas, the contract for the Mississippi River deficiencies are found to be proper and levied Discovery Center Utility Relocation Project has conditionally against the respective properties been completed and the City Engineer has benefited by the improvements as shown in the submitted his final estimate showing the cost schedule, subject to the provisions of Section thereof including the cost of estimates, notices 384.63 of the Code of Iowa. Said assessments and inspection and all miscellaneous costs. against said lots are hereby declared to be in NOW THEREFORE, BE IT RESOLVED BY proportion to the special benefits conferred and THE CITY COUNCIL OF THE CITY OF not in excess of twenty-five percent of the value DUBUQUE, IOWA: of same. Section 1. That the cost of said improvement That the City Clerk be and is hereby directed is hereby determined to be $360,589.07 and the to certify said schedule to the County Treasurer said amount shall be paid from the Fiscal Year of Dubuque County, Iowa, and to publish notice 2001 Water Construction, Sewer Construction, of said certification once each week for two Cable Television, and General Funds of the City consecutive weeks in the manner provided in of Dubuque, Iowa. Section 362.3, the first publication of which shall Passed, approved and adopted this 6th day of be not more than fifteen days from the date of May, 2002. filing of the final schedule. On or before the date Terrance M. Duggan, Mayor of the second publication of the notice, the City Attest: Jeanne F. Schneider, City Clerk Clerk shall also mail a copy of said notice to Buol moved adoption of the Resolution. property owners whose property is subject to Seconded by Cline. Motion carried 7-0. assessment, as provided and directed in Section 384.60 of the Code of Iowa. Oak Street Sanitary Sewer Extension: City That assessments may be paid in full or in part Manager recommending adoption of the Final without interest at the office of the County Assessment Schedule for the Oak Street Treasurer, at any time within 30 days after the Sanitary Sewer Extension Project, presented date of the first publication of this notice of the and read. Buol moved that the communication filing of the final schedule of assessments with be received and filed. Seconded by Cline. the County Treasurer. After 30 days unpaid Motion carried 7-0. assessments of $50.00 or more are payable in 10 annual installments and will draw annual 182 Regular Session, May 6, 2002 interest at nine (9) percent (commencing on the above described have been assessed for the date of acceptance of the work) computed to the cost of the making of said improvements, the December 1 next following the due dates of the amount of each assessment and the amount of respective installments as provided in Section any conditional deficiency assessment having 384.65 of the Code of Iowa. Each installment been set out in the schedule of assessments will be delinquent from October 1 following its accompanying the same, which are now on file due date on July 1 of each year. Property in the office of the County Treasurer of Dubuque owners may elect to pay any annual installments County, Iowa. For further information you are semiannually in advance. referred to said schedule of assessments. Passed, approved and adopted this 6th day of This Notice given by direction of the City May, 2002. Council of the City of Dubuque, Iowa, as Terrance M. Duggan, Mayor provided in Section 384.60 of the Code of Iowa. Attest: Jeanne F. Schneider, CMC, City Clerk Jeanne F. Schneider, CMC NOTICE OF FILING OF THE FINAL City Clerk SCHEDULE OF ASSESSMENTS AGAINST OAK STREET SANITARY SEWER BENEFITED PROPERTIES FOR THE OAK SCHEDULE OF VALUATION AND FINAL STREET SANITARY SEWER EXTENSION SCHEDULE OF FINAL ASSESSMENTS PROJECT WITHIN THE CITY OF DUBUQUE, The following schedule is hereby determined IOWA to show each lot proposed to be assessed for TO THE PERSONS OWNING LAND the improvement shown in the title together with LOCATED WITHIN THE DISTRICT the amount proposed to be assessed against DESCRIBED AS THE OAK STREET each lot and the valuations shown opposite each SANITARY SEWER EXTENSION PROJECT, lot are hereby fixed as true valuations of such WITHIN THE CITY OF DUBUQUE, IOWA: lots by the city council of the City of Dubuque, That the proposed district to be benefited and Iowa. subject to assessment for the cost of such OWNER ADDRESS PROPERTY LEGAL improvements is described as follows: & PARCEL ID SANITARY SEWER 1. Lot 2 of 18 and Lot 19 of Union Addition ASSESSMENT CITY ASSISTANCE 2. Lot 23 of Union Addition FINAL ASSESSMENT 3. Lot 25 of Union Addition Howard & Cecilia Rupp 888 Oak St., Union 4. Lot 26 of Union Addition Addn – Lot 2 of 54 10-25-379-003 5. N 60’ of Lot 61 of Union Addition $5,101.81 $5,101.81 $0.00 6. Lot 2 of Lot 54 of Union Addition Richard W. & Mary J. Hillebrand 976 Oak St., You are hereby notified that the final schedule Union Addn. N 60’ of Lot 61 10-25-378-003 of assessments against benefited properties $5,101.81 $4,795.70 $306.11 within the District described as the Oak Street Esther Winner 925 Oak ST. 10-25-376-027 Sanitary Sewer Extension Project, has been Union Addn. Lot 26 10-25-376-027 $5,103.51 adopted and assessments confirmed and levied $5,103.51 $0.00 by the City Council of Dubuque, Iowa, and that Joan M. Reimer f/k/a Joan Helbing, 945 Oak St., said schedule of assessments has been certified Union Addn. Lot 25, 10-25-376-026 to the County Treasurerof Dubuque County, $5,103.51, $5,103.51 $0.00 Iowa. Daniel & Kathy Walker, 965 Oak St., Lot 23 YOU ARE FURTHER NOTIFIED THAT Union Addn., 10-25-376-024 $5,103.51 ASSESSMENTS MAY BE PAID IN FULL OR IN $1,122.77 $3,980.74 PART WITHOUT INTEREST AT THE OFFICE John R. & Dianne Holmes, 1005 Oak St., Union OF THE COUNTY TREASURER, DUBUQUE Addn. Lot 19, 10-25-376-021 $7,655.26 COUNTY COURTHOUSE, 720 CENTRAL $0.00 $7,655.26 AVENUE, DUBUQUE, IOWA, 52001 UNTIL Buol moved adoption of the Resolution. JUNE 10, 2002. Seconded by Cline. Motion carried 7-0. After June 10, 2002 unpaid special assessments of $50.00 or more are payable in Chicago Street Sanitary Sewer Extension: City 10 annual installments and will draw annual Manager recommending adoption of the Final interest at nine (9) percent computed to the Assessment Schedule for the Chicago Street December 1 next following the due dates of the Sanitary Sewer Extension Project, presented respective installments as provided in Section and read. Buol moved that the communication 384.65 of the Code of Iowa. Each installment be received and filed. Seconded by Cline. will be delinquent from October 1 following its Motion carried 7-0. due date on July 1st of each year. Property RESOLUTION NO. 231-02 owners may elect to pay any annual installment A RESOLUTION ADOPTING THE FINAL semiannually in advance. ASSESSMENT SCHEDULE FOR THE All properties located within the boundaries of CHICAGO STREET SANITARY SEWER the Oak Street Sanitary Sewer Extension Project Regular Session, May 6, 2002 183 EXTENSION PROJECT INCLUDING CERTAIN 384.65 of the Code of Iowa. Each installment INFORMATION REQUIRED BY THE CODE OF will be delinquent from October 1 following its IOWA, SPECIFICALLY, THE NUMBER OF due date on July 1 of each year. Property ANNUAL INSTALLMENTS INTO WHICH owners may elect to pay any annual installments ASSESSMENTS ARE DIVIDED, THE semiannually in advance. INTEREST OF ALL UNPAID INSTALLMENTS, Passed, adopted and approved this 6th day of THE TIME WHEN THE ASSESSMENTS ARE May, 2002. PAYABLE AND DIRECTING THE CLERK TO Terrance M. Duggan, Mayor CERTIFY THE FINAL SCHEDULE AND TO Attest: Jeanne F. Schneider, CMC, City Clerk PUBLISH NOTICE THEREOF NOTICE OF FILING OF THE FINAL NOW THEREFORE, BE IT RESOLVED BY SCHEDULE OF ASSESSMENTS AGAINST THE CITY COUNCIL OF THE CITY OF BENEFITED PROPERTIES FOR THE DUBUQUE, IOWA: CHICAGO STREET SANITARY SEWER That after full consideration of the final EXTENSION PROJECT WITHIN THE CITY OF schedule of assessments and accompanying DUBUQUE, IOWA plat showing the assessments proposed to be TO THE PERSONS OWNING LAND made for the construction of the Chicago Street LOCATED WITHIN THE DISTRICT DESCRI- Sanitary Sewer Extension Project under contract BED AS THE CHICAGO STREET SANITARY with McDermott Excavating of Dubuque, Iowa, SEWER EXTENSION PROJECT, WITHIN THE which final plat and schedule were filed in the CITY OF DUBUQUE, IOWA: nd office of the City Clerk on the 2 day of May, That the proposed district to be benefited and 2002, the said schedule of assessments be and subject to assessment for the cost of such the same is hereby approved and adopted. improvements is described as follows: That there be, and is hereby assessed and All properties abutting along the line of the levied as a special tax against and upon each of described improvements and the following non- the lots, the respective sums indicated. abutting properties: Provided, further, that the amounts shown in Lot 485 - 490 of North Dubuque Addition said final schedule of assessments as Lot 7 of Blasen Place deficiencies are found to be proper and levied Lot 6 of Blasen Place conditionally against the respective properties Lot 5 of Blasen Place benefited by the improvements as shown in the Lot 4 of Blasen Place schedule, subject to the provisions of Section You are hereby notified that the final schedule 384.63 of the Code of Iowa. Said assessments of assessments against benefited properties against said lots are hereby declared to be in within the District described as the Chicago proportion to the special benefits conferred and Street Sanitary Sewer Extension Project, has not in excess of twenty-five percent of the value been adopted and assessments confirmed and of same. levied by the City Council of Dubuque, Iowa, and That the City Clerk be and is hereby directed that said schedule of assessments has been to certify said schedule to the County Treasurer certified to the County Treasurer of Dubuque of Dubuque County, Iowa, and to publish notice County, Iowa. of said certification once each week for two YOU ARE FURTHER NOTIFIED THAT consecutive weeks in the manner provided in ASSESSMENTS MAY BE PAID IN FULL OR IN Section 362.3, the first publication of which shall PART WITHOUT INTEREST AT THE OFFICE be not more than fifteen days from the date of OF THE COUNTY TREASURER, DUBUQUE filing of the final schedule. On or before the date COUNTY COURTHOUSE, 720 CENTRAL of the second publication of the notice, the City AVENUE, DUBUQUE, IOWA, 52001 UNTIL Clerk shall also mail a copy of said notice to JUNE 10, 2002. property owners whose property is subject to After June 10, 2002 unpaid special assessment, as provided and directed in Section assessments of $50.00 or more are payable in 384.60 of the Code of Iowa. 10 annual installments and will draw annual That assessments may be paid in full or in part interest at nine (9) percent computed to the without interest at the office of the County December 1 next following the due dates of the Treasurer, at any time within 30 days after the respective installments as provided in Section date of the first publication of this notice of the 384.65 of the Code of Iowa. Each installment filing of the final schedule of assessments with will be delinquent from October 1 following its the County Treasurer. After 30 days unpaid due date on July 1st of each year. Property assessments of $50.00 or more are payable in owners may elect to pay any annual installment 10 annual installments and will draw annual semiannually in advance. interest at nine (9) percent (commencing on the All properties located within the boundaries of date of acceptance of the work) computed to the the Chicago Street Sanitary Sewer Extension December 1 next following the due dates of the Project above described have been assessed respective installments as provided in Section for the cost of the making of said improvements, 184 Regular Session, May 6, 2002 the amount of each assessment and the amount Project in the final contract amount of of any conditional deficiency assessment having $21,182.01, presented and read. Buol moved been set out in the schedule of assessments that the communication be received and filed. accompanying the same, which are now on file Seconded by Cline. Motion carried 7-0. in the office of the County Treasurer of Dubuque RESOLUTION NO. 232-02 County, Iowa. For further information you are ACCEPTING IMPROVEMENT referred to said schedule of assessments. This Notice given by direction of the City Whereas, the contract for the Hamilton Street Council of the City of Dubuque, Iowa, as Storm Sewer Project has been completed and provided in Section 384.60 of the Code of Iowa. the City Manager has examined the work and Jeanne F. Schneider, CMC filed his certificate stating that the same has City Clerk been completed according to the terms of the CITY OF DUBUQUE, IOWAcontract, plans and specifications and CHICAGO STREET SANITARY SEWER recommends its acceptance. SCHEDULE OF VALUATION AND FINAL NOW THEREFORE, BE IT RESOLVED BY SCHEDULE OF FINAL ASSESSMENTSTHE CITY COUNCIL OF THE CITY OF The following schedule is hereby determined DUBUQUE, IOWA: to show each lot proposed to be assessed for Section 1. That the recommendation of the the improvement shown in the title together with City Manager be approved and that said the amount proposed to be assessed against improvement be and the same is hereby each lot and the valuations shown opposite each accepted. lot are hereby fixed as true valuations of such BE IT FURTHER RESOLVED that the City lots by the city council of the City of Dubuque, Treasurer be and he is hereby directed to pay to Iowa. the contractor from the Fiscal Year 2000 OWNER ADDRESS General Fund in amount equal to the amount of LEGAL_DESCRIPTION PARCEL ID his contract, less any retained percentage ____________________FINAL ASSESSMENT provided for therein. Lucy Marie Kruschke 3840 Chicago St. Passed, approved and adopted this 6th day of 5 Blasen Place 10-12-187-003 $4,322.29 May, 2002. Elmer & Mary Ann Bleile 3860 Chicago St. 6Terrance M. Duggan, Mayor Blasen Place 10-12-187-002 $4,322.29 Attest: Jeanne F. Schneider, City Clerk Kirtland & Janet Patters 3880 Chicago St. Buol moved adoption of the Resolution. 7 Blasen Place 10-12-187-001 $4,802.55 Seconded by Cline. Motion carried 7-0. Ben & Lori Schoenberger 949 Walker St. 485- RESOLUTION NO. 233-02 490 North Dubuque Addition 10-12-186-008 FINAL ESTIMATE $7,203.82 E.H, & Elizabeth Madison 3820 Chicago St. Whereas, the contract for the Hamilton Street 4 Blasen Place 10-12-187-004 $4,335.74Storm Sewer Project has been completed and Deficiency Paid by City: $961.81 the City Engineer has submitted his final $3,373.94 TOTALS $24,024.90 estimate showing the cost thereof including the FUTURE CONNECTION CHARGES FOR cost of estimates, notices and inspection and all SANITARY SEWER FOR UNDEVELOPED miscellaneous costs. LOTS NOW THEREFORE, BE IT RESOLVED BY E.H. & Elizabeth Madison 3820 Chicago St. THE CITY COUNCIL OF THE CITY OF Lot 479, 480, 480-A, 481,482, 482-A, 483, DUBUQUE, IOWA: 484, 484-A of North Dubuque Addition --10-Section 1. That the cost of said improvement 12-187-006 $14,441.27 is hereby determined to be $25,266.73 and the Elmer and Mary Ann Bleile 3860 Chicago St., said amount shall be paid from the Fiscal Year Lot 2 Blasen Place 10-12-186-006 2000 General Fund of the City of Dubuque, $5,763.06 Iowa. Elmer and Mary Ann Bleile 3860 Chicago St. Passed, approved and adopted this 6th day of Lot 3 Blasen Place 10-12-186-007 May, 2002. $5,763.06 Terrance M. Duggan, Mayor Kirtland & Janet Patters 3880 Chicago St. Attest: Jeanne F. Schneider, City Clerk Lot 1 Blasen Place 10-12-186-005 Buol moved adoption of the Resolution. $6,243.31 Seconded by Cline. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. ISU Extension Services for Uptown Recreation Programs: City Manager recommending Hamilton Street Storm Sewer Project – approval of a grant agreement with ISU Acceptance: City Manager recommending Extension Services to provide summer programs acceptance of the Hamilton Street Storm Sewer as part of the Uptown Recreation Program, Regular Session, May 6, 2002 185 presented and read. Buol moved that the Passed, approved and adopted this 6th day of communication be received and filed and May, 2002. approved recommendation. Seconded by Cline. Terrance M. Duggan, Mayor Motion carried 7-0. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Agreement with Four Mounds Foundation for Seconded by Cline. Motion carried 7-0. Summer Day Camp Program: City Manager recommending approval of a grant agreement Riprow Valley Trailhead Project Grant with Four Mounds Foundation to provide the Agreement: City Manager recommending summer day camp program as part of the approval of a grant agreement with the Iowa Uptown Recreation Program, presented and Department of Transportation for acquisition of read. Buol moved that the communication be property in the Riprow Valley, presented and received and filed and approved read. Buol moved that the communication be recommendation. Seconded by Cline. Motion received and filed. Seconded by Cline. Motion carried 7-0. carried 7-0. RESOLUTION NO. 235-02 Miller-Riverview Park Management RESOLUTION AUTHORIZING A GRANT Agreement: City Manager recommending AGREEMENT WITH THE IOWA approval of the management agreement with DEPARTMENT OF TRANSPORTATION FOR Pat Felderman for Miller-Riverview Park, FEDERAL RECREATIONAL TRAIL FUNDS presented and read. Buol moved that the FOR ACQUISITION OF LAND IN THE communication be received and filed and RIPROW VALLEY approved recommendation. Seconded by Cline. Motion carried 7-0. Whereas, the Iowa Department of Transportation (IDOT) has Federal Recreational Phase III Architectural/Historic Survey / Eval-Trails funds available to develop recreational uation: City Manager recommending approval trails in cities; and of the selection of Jim Jacobsen of History Pays! Whereas, the City of Dubuque has adopted a as the consultant for the Phase III Comprehensive Plan and a Riverfront Plan that Architectural/Historic Survey/Evaluation project, include goals for development of bike/hike trails; presented and read. Buol moved that the and communication be received and filed. Seconded Whereas, the City of Dubuque has adopted by Cline. Motion carried 7-0. the Heritage Trail Master Plan that includes the Heritage Trail Extension through the Riprow RESOLUTION NO. 234-02 Valley. RESOLUTION APPROVING A CONTRACT NOW, THEREFORE, BE IT RESOLVED BY FOR PHASE III ARCHITECTURAL/HISTORIC THE CITY COUNCIL OF THE CITY OF SURVEY/EVALUATION DUBUQUE, IOWA: Whereas, the State Historical Society of Iowa Section 1. That the City Council authorizes has awarded the City of Dubuque a Certified the Mayor to sign the grant agreement for Local Government (CLG) grant to conduct a Federal Recreational Trails funds to the IDOT Phase III Architectural / Historic Survey / for acquisition of property for bluffland protection Evaluation of Dubuque’s oldest commercial, and a trailhead connection for the Heritage Trail residential and industrial neighborhoods in and Extension through the Riprow Valley, on behalf around the central business district; and of the City of Dubuque. Whereas, the City Council has budgeted funds Section 2. That the City of Dubuque agrees to to conduct a Phase III Architectural/ Historic adequately maintain the property for its intended Survey/Evaluation; and use and maintain the total trail used to justify the Whereas, the City Council has determined that project in public use for a minimum of 20 years this project should be completed concurrently following project completion. th and with assistance from a qualified consultant. Passed, approved and adopted this 6 day of NOW THEREFORE, BE IT RESOLVED BY May, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk Section 1. That the City Council does hereby Buol moved adoption of the Resolution. award the contract for the Phase III Seconded by Cline. Motion carried 7-0. Architectural/Historic Survey/Evaluation to Jim Jacobsen of History Pays! of Des Moines, Iowa. Dubuque Area Labor Management Council – Section 2. That the Planning Services Purchase of Service Agreement: City Manager Manager is hereby authorized to negotiate a recommending approval of a Purchase of contract with History Pays! for this project in an Service Agreement with Dubuque Area Labor amount not to exceed $28,000.00. Management Council for Fiscal Year 2003 in the 186 Regular Session, May 6, 2002 amount of $15,768, presented and read. Buol filed and approved recommendation. Seconded moved that the communication be received and by Cline. Motion carried 7-0. filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Substance Abuse Services Center – Purchase of Service Agreement: City Manager Dubuque Main Street, Ltd. – Purchase of recommending approval of a Purchase of Service Agreement: City Manager recom-Service Agreement with Substance Abuse mending approval of a Purchase of Service Services Center for Fiscal Year 2003 in the Agreement with Dubuque Main Street, Ltd., for amount of $12,390, presented and read. Buol Fiscal Year 2003 in the amount of $43,966, moved that the communication be received and presented and read. Buol moved that the filed and approved recommendation. Seconded communication be received and filed and by Cline. Motion carried 7-0. approved recommendation. Seconded by Cline. Motion carried 7-0. Dubuque Humane Society – Purchase of Service Agreement: City Manager Project Concern, Inc. – Foster Grandparent recommending approval of a Purchase of Program – Purchase of Service Agreement: Service Agreement with the Dubuque Humane City Manager recommending approval of a Society for the provision of animal shelter Purchase of Service Agreement with Project services through June 30, 2003, presented and Concern, Inc. - Foster Grandparent Program for read. Buol moved that the communication be Fiscal Year 2003 in the amount of $5,435, received and filed and approved presented and read. Buol moved that the recommendation. Seconded by Cline. Motion communication be received and filed and carried 7-0. approved recommendation. Seconded by Cline. Motion carried 7-0. Dubuque Area Lifetime Center – Purchase of Service Agreement: City Manager Greater Dubuque Development Corporation – recommending approval of a Purchase of Purchase of Service Agreement: City Manager Service Agreement with the Dubuque Area recommending approval of a Purchase of Lifetime Center for Fiscal Year 2003 in the Service Agreement with Greater Dubuque amount of $20,000, presented and read. Buol Development Corporation for Fiscal Year 2003 moved that the communication be received and in the amount of $127,500, presented and read. filed and approved recommendation. Seconded Buol moved that the communication be received by Cline. Motion carried 7-0. and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. St. Stephens Food Bank - Purchase of Service Agreement: City Manager recommending Helping Services of Northeast Iowa – approval of a Purchase of Service Agreement Purchase of Service Agreement: City Manager with St. Stephens Food Bank for Fiscal Year recommending approval of a Purchase of 2003 in the amount of $1,500 to process deer Service Agreement with Helping Services of meat from the Urban Deer Management Northeast Iowa, Inc., for Fiscal Year 2003 in the Program for low and moderate-income persons, amount of $1,964, presented and read. Buol presented and read. Buol moved that the moved that the communication be received and communication be received and filed and filed and approved recommendation. Seconded approved recommendation. Seconded by Cline. by Cline. Motion carried 7-0. Motion carried 7-0. Operation: New View – Purchase of Service Project Concern, Inc. – Information and Agreement: City Manager recommending Referral and Child Care Referral – Purchase of approval of a Purchase of Service Agreement Service Agreement: City Manager with Operation: New View for Fiscal Year 2003 recommending approval of a Purchase of in the amount of $16,708, presented and read. Service Agreement with Project Concern, Inc – Buol moved that the communication be received Information and Referral and Child Care Referral and filed and approved recommendation. for Fiscal Year 2003 in the amount of $24,339 Seconded by Cline. Motion carried 7-0. plus $3,500 for creation of a Downtown Resource Guide, presented and read. Buol Retired and Senior Volunteer Program – moved that the communication be received and Purchase of Service Agreement: City Manager filed and approved recommendation. Seconded recommending approval of a Purchase of by Cline. Motion carried 7-0. Service Agreement with Retired and Senior Volunteer Program for Fiscal Year 2003 in the National Guard Lease Agreement: City amount of $7,341, presented and read. Buol Manager recommending approval of a lease moved that the communication be received and agreement with the Iowa National Guard to allow Regular Session, May 6, 2002 187 the Guard to conduct water purification drills at the Investment Oversight Commission, Miller-Riverview Park and on the Hawthorne presented and read. Buol moved that the Peninsula, presented and read. Buol moved communication be received and filed. Seconded that the communication be received and filed by Cline. Motion carried 7-0. and approved recommendation. Seconded by Cline. Motion carried 7-0. Asbury Voluntary Annexation: Communication from the Iowa Department of Economic Southwest Arterial Environmental Assessment: Development advising that a voluntary City Manager recommending approval of an annexation by the City of Asbury within the agreement between the City of Dubuque, urbanized area of the City of Dubuque has been Dubuque County, and the Iowa Department of approved, presented and read. Buol moved that Transportation for completion of the Addendum the communication be received and filed. to the 1999 Southwest Arterial Environmental Seconded by Cline. Motion carried 7-0. Assessment, presented and read. Buol moved that the communication be received and filed. FCC Cable Modem Decision: Communication Seconded by Cline. Motion carried 7-0. from Mediacom advising that effective with the April 2002 billings, they will no longer collect RESOLUTION NO. 236-02 franchise fees on cable modem revenues or RESOLUTION APPROVING THE AGREE- include those revenues in their franchise fee MENT BETWEEN THE CITY OF DUBUQUE, calculation and City Manager recommending DUBUQUE COUNTY, AND THE IOWA that the City contribute $5,000 from the Cable DEPARTMENT OF TRANSPORTATION FOR TV Fund to support the Alliance of Local THE COMPLETION OF THE ADDENDUM TO Organizations Against Pre-Emption in a two- THE 1999 SOUTHWEST ARTERIAL pronged response to the FCC’s recent cable ENVIRONMENTAL ASSESSMENT modem decision, presented and read. Buol Whereas, the City, County, and the Iowa moved that the communication be received and Department of Transportation propose to filed. Seconded by Cline. Motion carried 7-0. establish Primary Road No. Iowa 32 as the RESOLUTION NO. 237-02 Southwest Connector within the City and A RESOLUTION OF THE CITY OF DUBUQUE, County; and IOWA IN SUPPORT OF THE COALITION OF Whereas, the Iowa Department of LOCAL GOVERNMENTS APPEALING THE Transportation has prepared a cooperative FEDERAL COMMUNICATION COMMISSION’S agreement between the City of Dubuque, DECLARATORY RULING REGARDING Dubuque County, and the Iowa Department of CABLE MODEM SERVICE AND OFFERING Transportation for the completion of the COMMENTS AND REPLY COMMENTS IN THE Addendum to the 1999 Southwest Arterial RELATED FCC RULEMAKING. Environmental Assessment; and Whereas, the City Council of the City of Whereas, the Federal Communications Dubuque approves the terms and conditions of Commission on March 14, 2002 declared cable said agreement. modem service to be an “interstate information NOW THEREFORE, BE IT RESOLVED BY service” rather than a “cable service” and issued THE CITY COUNCIL OF THE CITY OF a Notice of Proposed Rulemaking regarding the DUBUQUE, IOWA: ramifications of this declaration, and Section 1. That the agreement between the Whereas, cable operators across the United City of Dubuque, Dubuque County, and the Iowa States have interpreted the FCC’s actions as Department of Transportation for the completion exempting their cable modem service revenues of the addendum to the 1999 Southwest Arterial from the “gross revenues” base upon which Environmental Assessment be approved. franchise fees are calculated and paid, thereby Section 2. That the Mayor be authorized and shifting a portion of the right-of-way rent formerly directed to execute three copies of the paid by cable operators onto the local taxpayer, agreement between the City of Dubuque, and Dubuque County, and the Iowa Department of Whereas, the National Association of Transportation. Telecommunications Officers and Advisors is th Passed, adopted and approved this 6 day of coordinating the formation of a coalition of local May, 2002. governments and their support organizations to Terrance M. Duggan, Mayor appeal the FCC’s declaratory ruling and to Attest: Jeanne F. Schneider, City Clerk participate in the Rulemaking. Buol moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Quarterly Investment Report: City Manager Section 1. That the City of Dubuque, Iowa submitting the Quarterly Investment Report of supports the efforts of the coalition of local 188 Regular Session, May 6, 2002 governments in the Appeal and in the Code Chapter 12C.2. The City Treasurer is Rulemaking pertaining to cable modem service hereby authorized to deposit City of Dubuque, and authorizes the contribution of five thousand Iowa funds in amounts not to exceed the dollars ($5,000) from the Cable TV Fund to the maximum approved for each respective financial coalition for this purpose. institution asset out below. Passed, approved and adopted this 6th day of Depository Name May, 2002. Location of Home Office Maximum Balance Terrance M. Duggan, Mayor American Trust and Savings Bank Attest: Jeanne F. Schneider, City Clerk Dubuque, Iowa $40,000,000 Buol moved adoption of the Resolution. Dubuque Bank and Trust Company Seconded by Cline. Motion carried 7-0. Dubuque, Iowa $40,000,000 U.S. Bank Road Use Tax Funds: Communication of City Minneapolis, Minnesota $20,000,000 Manager Michael C. Van Milligen to area Dupaco Community Credit Union legislators urging a “no” vote to shift any Road Dubuque, Iowa $20,000,000 Use Tax Funds to the general fund, presented Premier Bank and read. Buol moved that the communication Dubuque, Iowa $20,000,000 be received and filed and approved East Dubuque Savings Bank recommendation. Seconded by Cline. Motion East Dubuque, Illinois $20,000,000 carried 7-0. Liberty Bank Des Moines, Iowa $20,000,000 th Deborah DeVenuta Claim: In response to an Passed, approved and adopted this 6 day of appeal by the claimant, City Manager May, 2002. recommending concurrence with the previous Terrance M. Duggan, Mayor denial of the claim of Deborah DeVenuta, Attest: Jeanne F. Schneider, City Clerk presented and read. Buol moved that the Buol moved adoption of the Resolution. communication be received and filed and Seconded by Cline. Motion carried 7-0. approved recommendation. Seconded by Cline. Motion carried 7-0. Business Licenses: RESOLUTION NO. 239-02 Authorized Depository Institutions: City Manager recommending approval of a change in BEER one of the City’s depositories from Firstar Bank Whereas, applications for Beer Permits have to U.S Bank due to a recent name change, been submitted and filed to this Council for presented and read. Buol moved that the approval and the same have been examined communication be received and filed and and approved: and approved recommendation. Seconded by Cline. Whereas, the premises to be occupied by Motion carried 7-0. such applicants were inspected and found to comply with the Ordinances of the City and have RESOLUTION NO. 238-02 filed proper bonds. RESOLUTION NAMING DEPOSITORIES NOW, THEREFORE, BE IT RESOLVED BY Whereas,Chapter 12C.2 of the 2201 Code of THE CITY COUNCIL OF THE CITY OF Iowa states that the approval of a financial DUBUQUE, IOWA: institution as a depository shall be by written That the Manager be authorized to cause to be resolution or order which shall be entered of issued the following named applicants a Beer record in the minutes of the approving board, Permit. and which shall distinctly name each depository CLASS “B” BEER PERMIT approved, and specify the maximum amount ( 5-DAY SPECIAL EVENT) which may be kept on deposit in each Dubuque Jaycees Dubuque Jaycees - depository; andMain Event+(Sunday/Outdoor Sale) Whereas,This procedure is required if a Main St Cul-du-Sac financial institution changes its name or home CLASS “B” BEER PERMIT office location, if the maximum amount is (6 MONTH) changed, or if a financial institution is added or Baseball Dreamer Baseball Dreamer+ deleted. (Sunday/Outdoor Sale) Admiral Sheehy Dr NOW THEREFORE, BE IT RESOLVED BY CLASS “C” BEER PERMIT THE COUNCIL OF THE CITY OF DUBUQUE, TFM Co. Oky Doky # 2+ nd IOWA: (Sunday Sales) 51 W. 32 St Section 1. That the following financial TFM Co. Oky Doky # 1+ st institutions are approved to be depositories of (Sunday Sales) 250 W. 1 St the City of Dubuque, Iowa funds in conformance Beecher Co. Inc. Beecher Beverage+ with all applicable provisions of the 2001 Iowa (Sunday Sales) 1691 Asbury Rd Regular Session, May 6, 2002 189 Kwik Trip Inc. Tobacco Outlet Plus # 504+ Mechanical Code Board: 1 Unexpired Three (Sunday Sales) 806 Wacker Dr Year Term to Expire 3/16/03 (Held by th Mulgrew Oil Co. 16 St Auto / Truck Plaza+ Willenborg), 3 Unexpired Three Year Terms to th (Sunday Sales) 1215 E. 16 St Expire 3/16/04 (One Held by Brashaw and Two McCann’s Service Inc. McCann’s Vacant), 2 Three Year Terms to Expire 3/16/05 Service+(Sunday Sales) 690 W Locust St (Held by Grothe and Giese). Casey’s Marketing Com. Casey’s General Applicants (Need Mechanical Background): Store+ (Sunday Sales) 2699 Rockdale Rd Tom W. Giese, David W. Grothe, Michael P. Casey’s Marketing Com. Casey’s General Kelly, Paul J. Papin (also serves on Plumbing Store+(Sunday Sales) 4003 Peru Rd Board), David C. Stuart, Harlan J. Willenborg th Passed, approved and adopted this 6 day of (also serves on Plumbing Board). May, 2002. Michalski moved to reappoint Harlan Terrance M. Duggan, Mayor Willenborg to a term to expire 3/16/03. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of the Resolution. Michalski moved to reappoint David W. Grothe Seconded by Cline. Motion carried 7-0. and Tom W. Giese to terms to expire 3/16/05. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 240-02 Michalski moved to appoint Michael P. Kelly, Whereas, applications for Liquor Licenses Paul J. Papin and David C. Stuart to terms have been submitted to this Council for approval which will expire 3/16/04. Seconded by and the same have been examined and Markham. Motion carried 7-0. approved; and Whereas, the premises to be occupied by such PUBLIC HEARINGS applicants were inspected and found to comply with the State Laws and all City Ordinances Michalski moved that the rules be suspended relevant thereto and they have filed proper to allow anyone present to speak. Seconded by bonds. Nicholson. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Markham moved to remove the following from DUBUQUE, IOWA: the table. Seconded by Nicholson. Motion That the Manager be authorized to cause to be carried 7-0. issued the following named applicants a Liquor Sisters of St. Francis – 1001 Davis Street – License. Rezoning Request (Tabled on 4/15/02): CLASS C BEER/LIQUOR LICENSE Communication from Planning Services Beverly Larsen Denny’s Lux Club+ Manager regarding the rezoning request and (Sunday Sales) 3050 Asbury Rd providing options for Council consideration; DBQ Inc Shot Tower+ Communication from Joel and Mary Glennon (Sunday Sales) 390 Locust St providing additional information; Proof of Patricia Broessel Corner Tap+ publication on notice of hearing to consider (Sunday Sales) 2093 Washington St rezoning property located at 1001 Davis Street SPECIAL CLASS “C” LIQUOR from R-1 Single Family Residential District to Athenian Grill Inc Athenian Grill OR Office Residential District at the request of 1091University Ave the Sisters of St. Francis and Zoning Advisory CLASS B WINE Commission recommending approval; Petition Beecher Co. Inc. Beecher Beverage from the neighbors of the Sisters of St. Francis 1691 Asbury Rd requesting that the zoning remain single family; TFM Co. Oky Doky # 2 Communication from Joel and Mary Glennon nd 51 W. 32 ST stating that the property of the Sisters of St. TFM Co. Oky Doky # 1 Francis should remain R-1 Single Family, st 250 W. 1 St presented and read. Markham moved that the Carroll’s Wine Company Carroll’s proof and communications be received and filed. Wine Company 123 Main St. Seconded by Nicholson. Motion carried 7-0. th Passed, approved and adopted this 6 day of May, 2002. An Ordinance Amending Appendix A (the Terrance M. Duggan, Mayor Zoning Ordinance) of the City of Dubuque Code Attest: Jeanne F. Schneider, City Clerk of Ordinances by reclassifying hereinafter Buol moved adoption of the Resolution. described property located at 1001 Davis Street Seconded by Cline. Motion carried 7-0. from R-1 Single Family Residential District to OR Office High Density Multi-Family Residential BOARDS/COMMISSIONS District, presented and read. Appointments to the following Board: 190 Regular Session, May 6, 2002 RESOLUTION NO. 241-02 OFFICIAL PUBLICATION RESOLUTION WITH RESPECT TO THE ORDINANCE NO. 37-02 ADOPTION OF THE RESOLUTION OF AN ORDINANCE AMENDING APPENDIX A NECESSITY PROPOSED FOR THE JOHN F. (THE ZONING ORDINANCE) OF THE CITY OF KENNEDY RECONSTRUCTION PROJECT DUBUQUE CODE OF ORDINANCES BY Whereas, the City Council has proposed a RECLASSIFYING HEREINAFTER DESCRIB- Resolution of Necessity for the John F. Kennedy ED PROPERTY LOCATED AT 1001 DAVIS Reconstruction Project, has given notice of the STREET FROM R-1 SINGLE-FAMILY public hearing thereon as required by law; and RESIDNETIAL DISTRICT TO OR OFFICE Whereas, the public hearing has been held, all HIGH DENSITY MULTI-FAMILY RESIDENTIAL persons offering objections have been heard DISTRICT. and consideration given to all objections and is NOW, THEREFORE, BE IT ORDAINED BY pending before this Council; and THE CITY COUNCIL OF THE CITY OF Whereas, this is the time and place set as DUBUQUE, IOWA: provided for the taking of action on the proposed Section 1. That Appendix A (The Zoning Resolution of Necessity. Ordinance) of the City of Dubuque Code of NOW THEREFORE, BE IT RESOLVED BY Ordinances is hereby amended by reclassifying THE CITY COUNCIL OF THE CITY OF the hereinafter described property as shown in DUBUQUE, IOWA: Exhibit A, and to the centerline of the adjoining That the proposed Resolution of Necessity public right-of-way, all in the City of Dubuque, described above is hereby: Iowa from R-1 Single-Family Residential District Adopted, without amendment, and all to OR Office High density 4 Multi-Family objections filed or made having been Residential District; and dully considered are overruled. Section 2. The foregoing amendment has X Adopted as amended by the Schedule heretofore been reviewed by the Zoning of Assessments attached hereto as Advisory Commission of the City of Dubuque, Exhibit A, and made a part hereof by Iowa. reference. All objections filed or made Section 3. This Ordinance shall take effect having been duly considered are immediately upon publication, as provided by overruled. law. Deferred for later consideration to a Passed, approved and adopted this 6th day of City Council meeting to be held on the May, 2002. day of , 2002, next at 6:30 Terrance M. Duggan, Mayor p.m. in the , with Attest: Jeanne F. Schneider, City Clerk jurisdiction retained for further Published officially in the Telegraph Herald th consideration and action at the newspaper this 13 day of May, 2002. adjourned meeting. Jeanne F. Schneider, City Clerk Abandoned. 1t 5/13 Passed, adopted and approved this 6th day of Markham moved that the requirement that a May, 2002. proposed Ordinance be considered and voted Terrance M. Duggan, Mayor on for passage at two Council Meetings prior to Attest: Jeanne F. Schneider, City Clerk the meeting at which it is to be finally passed be Markham moved adoption of the Resolution. suspended and further moved final Seconded by Buol. Motion carried 7-0. consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Interstate Power and Light Company – Development Agreement: Proof of publication John F. Kennedy Reconstruction Project: on notice of hearing and City Manager Proof of publication on notice of hearing and City recommending approval of an amendment to the Manager recommending approval of the Development Agreement and Real Estate amended preliminary schedule of assessments, Contract between the City and Interstate Power including the elimination of sidewalks from the and Light Company for the substitution of Lot 6 project, presented and read. Markham moved for Lot 5 in the sale of property in the Dubuque that the proof be received and filed. Seconded Industrial Center West, presented and read. by Buol. Motion carried 7-0. Cline moved that the proof be received and filed. Gene Winders, 3017 John F. Kennedy, spoke Seconded by Michalski. Motion carried 7-0. questioning his assessment for water hookup as he had been assessed years ago. Walter Hargaves of Interstate Power and Light Nancy Kutsch and Carl Thumser both spoke Company spoke to this request. questioning specifics of the project and home valuation and Staff provided answers. Regular Session, May 6, 2002 191 RESOLUTION NO. 242-02 RESOLUTION APPROVING AN AMENDMENT Amended and Restated Garfield Place Urban TO DEVELOPMENT AGREEMENT AND Revitalization Area Plan: Proof of publication AMENDMENT TO REAL ESTATE CONTRACT and City Manager recommending approval of an WITH INTERSTATE POWER AND LIGHT Amended and Restated Garfield Place Urban COMPANY PROVIDING FOR THE SALE AND Revitalization Area Plan that would add an PRIVATE DEVELOPMENT OF LOT 6 OF THE adjoining lot for a proposed single-room ND DUBUQUE INDUSTRIAL CENTER WEST 2 occupancy (SRO) facility at 513 Garfield Avenue ADDITION IN THE CITY OF DUBUQUE, IOWA. to allow property tax exemption and extend the Whereas, this Council, by Resolution No. 225- duration of the plan and communication from the 02 dated April 15, 2002, declared its intent to Long Range Planning Advisory Commission in dispose of an interest in Lot 6 of the Dubuque nd support of the Amended and Restated Garfield Industrial Center West 2 Addition in the City of Place Urban Revitalization Area, presented and Dubuque, Iowa, as shown on the attached read. Buol moved that the proof and proposed plat (the Property) pursuant to an communication be received and filed. Seconded Amendment to Development Agreement and by Nicholson. Motion carried 7-0. Amendment to Real Estate Contract with Interstate Power and Light Company; and An Ordinance Establishing the Amended and Whereas, pursuant to published notice, a Restated Garfield Place Urban Revitalization public hearing was held on the proposed Area as an Urban Revitalization Area pursuant disposition on May 6, 2002, at 6:30 p.m. at the to Chapter 404 of the Code of Iowa, presented Carnegie-Stout Public Library Auditorium, 360 th and read. W. 11 Street, Dubuque, Iowa; and Whereas, it is the determination of this Council OFFICIAL PUBLICATION that approval of the Amendment to Development ORDINANCE NO. 38-02 Agreement and Amendment to Real Estate AN ORDINANCE ESTABLISHING THE Contract for the sale to and development of the AMENDED AND RESTATED GARFIELD Property by Interstate Power and Light PLACE URBAN REVITALIZATION AREA AS Company according to the terms and conditions set out in the attached Amendment to AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE Development Agreement and Amendment to OF IOWA. Real Estate Contract is in the public interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: DUBUQUE, IOWA: Section 1. That the Amended and Restated Section 1. That the attached Amendment to Garfield Place Urban Revitalization Area as Development Agreement and Amendment to hereinafter described shall hereafter be Real Estate Contract by and between the City of designated an urban revitalization area pursuant Dubuque and Interstate Power and Light to Chapter 404 of the Code of Iowa 1999, to wit: Company and the sale of the Property to Lot 2 and Lot 3 of Davis Place II in the County of Interstate Power and Light Company are hereby Dubuque, City of Dubuque, Iowa, according to approved. the recorded plat thereof. Section 2. That the Mayor is hereby Section 2. That the Amended and Restated authorized and directed to execute the Garfield Place Urban Revitalization Area as Amendment to Development Agreement and hereto attached is hereby adopted and approved Amendment to Real Estate Contract on behalf of and the properties within said described area the City and City Clerk is authorized and shall be subject to the provisions of said Plan. directed to attest to his signature. Section 3. That said Amended and Restated Section 3. That the Mayor and City Clerk are Garfield Place Urban Revitalization Area shall hereby authorized and directed to execute a hereafter be on file in the City Clerk’s Office, City Special Warranty Deed for the Property as Hall, Dubuque, Iowa. provided in the Development Agreement and Section 4. That the City Clerk is hereby Real Estate Contract as amended. authorized and directed to publish this Section 4. That the City Manager is authorized Ordinance on or after June 7, 2002, provided to take such actions as are necessary to comply that the City Clerk prior to that date has received with the terms of the Amendments as herein no valid petition requesting a second public approved. hearing, and in the event such petition has been Passed, approved and adopted this 6th day of received, then this Ordinance shall be null and May, 2002. void. Terrance M. Duggan, Mayor Passed, approved and adopted this 6th day of Attest: Jeanne F. Schneider, City Clerk May 2002. Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Terrance M. Duggan, Mayor 192 Regular Session, May 6, 2002 Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald th newspaper this 8 day of June, 2002. Jeanne F. Schneider, City Clerk 1t 6/8 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2002 Second Budget Amendment: Proof of publication on notice of hearing and City Manager recommending approval of the Fiscal Year 2002 Second Budget Amendment, presented and read. Cline moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Regular Session, May 6, 2002 193 City of Dubuque for the complete performance Five Flags Arena – Paint Ceilings and Walls: of the work. Proofs of publication on notice of hearing on BE IT FURTHER RESOLVED: plans and specifications and notice to bidders on That upon the signing of said contract and the the receipt of bids, and City Manager approval of the contractor's bond, the City recommending award of the contract for the Five Treasurer is authorized and instructed to return Flags Arena – Paint Ceilings and Walls Project the bid deposits of the unsuccessful bidders. to John C. Kaiser Company in the amount of Passed, approved and adopted this 6th day of $71,785, presented and read. Cline moved that May, 2002. the proofs and communication be received and Terrance M. Duggan, Mayor filed. Seconded by Michalski. Motion carried 7-Attest: Jeanne F. Schneider, City Clerk 0. Cline moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 244-02 RESOLUTION ADOPTING City Hall Remodeling – First Floor Ceiling PLANS AND SPECIFICATIONS Project: Proof of publication on notice of hearing WHEREAS, on the 1st day of April, 2002, and City Manager recommending that the public plans, specifications, form of contract and hearing and award of the contract for the City estimated cost were filed with the City Clerk of Hall Remodeling – First Floor Ceiling Project be Dubuque, Iowa for the Painting of the Five Flags rescheduled to June 3, 2002, presented and Arena Ceiling and Walls Project. read. Michalski moved that the communication WHEREAS, notice of hearing on plans, be received and filed and closed the Public specifications, form of contract, and estimated Hearing and reschedule this to 6/3/02. cost was published as required by law. Seconded by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 246-02 THE CITY COUNCIL OF THE CITY OF FIXING DATE OF HEARING DUBUQUE, IOWA: ON PLANS AND SPECIFICATIONS That the said plans, specifications, form of contract and estimated cost are hereby Whereas, the City Council of the City of approved as the plans, specifications, form of Dubuque, Iowa has given its preliminary contract and estimated cost for said approval on the proposed plans, specifications, improvements for said project. and form of contract and placed same on file in Passed, approved and adopted this 6th day of the office of the City Clerk for public inspection May, 2002. of the City Hall Remodeling Project - First Floor Terrance M. Duggan, Mayor Ceiling. Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Cline moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0. DUBUQUE, IOWA: That on the 3rd day of June, 2002, a public RESOLUTION NO. 245-02 hearing will be held at 6:30 p.m. in the Public AWARDING CONTRACT Library Auditorium at which time interested WHEREAS, sealed proposals have been persons may appear and be heard for or against submitted by contractors for the Painting of the the proposed plans and specifications, form of Five Flags Arena Ceiling and Walls Project contract and cost of said improvement, and the pursuant to Resolution No.196-02, and notice to City Clerk be and is hereby directed to cause a bidders published in a newspaper published in notice of time and place of such hearing to be the City of Dubuque, Iowa, on the 5th day of published in a newspaper having general April, 2002. circulation in the City of Dubuque, Iowa, which WHEREAS, said sealed proposals were notice shall be not less than four days nor more opened and read on the 25th day of April, 2002, than twenty days prior to the day fixed for its and it has been determined that the bid of The consideration. At the hearing, any interested John C. Kaiser Company, in the amount of person may appear and file objections to the $71,785 was the lowest bid for the furnishings of proposed plans, specifications, contract, or all labor and materials and performing the work estimated cost of the improvement. as provided for in the plans and specifications. Passed, approved and adopted this 6th day of NOW THEREFORE, BE IT RESOLVED BY May, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Jeanne F. Schneider, City Clerk That the contract for the above improvement Markham moved adoption of the Resolution. be awarded to THE JOHN C. KAISER Seconded by Buol. Motion carried 7-0. COMPANY, and the Manager be and is hereby directed to execute a contract on behalf of the 194 Regular Session, May 6, 2002 RESOLUTION NO. 247-02 the meeting at which it is to be finally passed be ORDERING BIDS suspended and further moved final NOW THEREFORE, BE IT RESOLVED BY consideration and passage of the Ordinance. THE COUNCIL OF THE CITY OF DUBUQUE, Seconded by Nicholson. Vote on the motion IOWA: was as follows: Yeas--Michalski, Nicholson, That the City Hall Remodeling Project - First Connors, Markham. Nays--Buol, Cline. Floor Ceiling is hereby ordered to be advertised Abstain--Duggan. Motion failed due to lack of for bids for construction. ¾ vote. BE IT FURTHER RESOLVED, that the amount Markham then moved that this be considered of the security to accompany each bid shall be in the second reading of the Ordinance. Seconded an amount which shall conform to the provisions by Nicholson. Carried by the following vote: of the notice to bidders hereby approved as a Yeas--Michalski, Nicholson, Connors, Markham. part of the plans and specifications heretofore Nays--Buol, Cline. Abstain--Duggan. adopted. Communication from Bob Felderman, That the City Clerk is hereby directed to Continental Realty & Felderman Appraisals, in advertise for bids for the construction of the support of the proposed project; communication improvements herein provided, to be published from Dominic Goodmann III, in support of the in a newspaper having general circulation in the application of MWF Properties and Felderman City of Dubuque, Iowa, which notice shall not be Business Partnership to amend the PUD District less than four days nor more than forty-five days on Raven Oaks Drive; and petitions in prior to the receipt of said bids at 2:00 p.m. on opposition to the proposed rezoning, presented rd the 23 day of May, 2002. Bids shall be opened and read. and read by the City Clerk at said time and will Markham moved that the communications and be submitted to the Council for final action at petitions be received and filed. Seconded by rd 6:30 p.m. on the 3 day of June, 2002. Nicholson. Carried by the following vote: Yeas- Passed, approved and adopted this 6th day of -Connors, Markham, Michalski, Nicholson. May, 2002. Nays--Buol, Cline. Terrance M. Duggan, Mayor Mayor Duggan returned and took control of the Attest: Jeanne F. Schneider, City Clerk Meeting. Markham moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Harvest View Estates Second Addition – Final Plat: City Manager recommending approval of Michalski moved to reinstate the rules limiting the final plat of Harvest View Estates Second discussion to the Council. Seconded by Addition, presented and read. Nicholson moved Connors. Motion carried 7-0. that the communication be received and filed. Seconded by Connors. Motion carried 7-0. ACTION ITEMS Michalski spoke expressing concerns with Appeal – Denial of Claim Against the City: water run-off in the unseeded areas in this Request of Christine Kuhle to address the development. Council regarding the denial of her claim for RESOLUTION NO. 248-02 vehicle damage, presented and read. A RESOLUTION APPROVING THE FINAL Nicholson moved to receive and file the request PLAT OF HARVEST VIEW ESTATES and concur with the denial. Seconded by SECOND ADDITION, IN THE CITY OF Michalski. Motion carried 7-0. DUBUQUE, IOWA Mayor Duggan turned control of the meeting to Whereas, there has been filed with the City Mayor Pro-Tem Michalski due to possible Clerk a final plat of Harvest View Estates conflict of interest. Second Addition, in the City of Dubuque, Iowa; MWF Properties / Felderman Business and Partnership – Amend PUD (First Reading on Whereas, upon said final plat appears streets 4/15/02): An Ordinance Amending Appendix A to be known as Matthew John Drive (Lot A) and (the Zoning Ordinance) of the City of Dubuque Wheatland Drive (Lot B), together with certain Code of Ordinances by amending the public utility and surface drainage easements, Conceptual Development Plan for property which the owners by said final plat have located at the end of Raven Oaks Drive and dedicated to the public forever; and currently zoned PUD Planned Unit Development Whereas, the preliminary plat has been District with a PR Planned Residential examined by the Zoning Advisory Commission Designation, presented and read. and had its approval endorsed thereon; and Markham moved that the requirement that a Whereas, said final plat has been reviewed by proposed Ordinance be considered and voted the City Planner and had her approval endorsed on for passage at two Council Meetings prior to Regular Session, May 6, 2002 195 thereon, subject to the owners agreeing to the as may be acceptable to the City Manager of the conditions noted in Section 2 below; and City of Dubuque, Iowa. Whereas, said final plat has been examined by Section 3. Sidewalk installation shall be the the City Council and they find that it conforms to responsibility of the owner abutting the public the statutes and ordinances relating to it, except rights-of-way, including lots with multiple that no streets or public utilities have yet been frontages, as required by City Code 41-161 constructed or installed. through 41-164. The responsibility shall extend NOW, THEREFORE, BE IT RESOLVED BY to all successors, heirs and assignees. THE CITY COUNCIL OF THE CITY OF Sidewalk installation will not be required until the DUBUQUE, IOWA: development of the lot has been completed, Section 1. That the dedication of Matthew except as required herein. In sparsely John Drive (Lot A) and Wheatland Drive (Lot B), developed subdivisions, sidewalks on developed together with the easements for public utilities as lots will not be required until 50% of the lots they appear upon said final plat, be and the approved by the plat have been developed. All same are hereby accepted; and vacant lots shall have sidewalks installed upon Section 2. That the final plat of Harvest View development of 80% of the lots approved by the Estates Second Addition is hereby approved plat. and the Mayor and City Clerk are hereby Section 4. The developer will maintain the authorized and directed to endorse the approval detention facility constructed as part of Harvest of the City of Dubuque, Iowa, upon said final View Estates First Addition until it has been fully plat, provided the owners of said property herein completed and 80% of the sum of the platted named, execute their written acceptance hereto lots in the entire Harvest View Estates attached agreeing: Subdivision are fully developed and the (a) To reduce Matthew John Drive (Lot A) and remaining 20% of these lots have installed Wheatland Drive (Lot B) all in Block 1 to grade adequate erosion control measures as approved and to construct concrete curb and gutter and to by the City. Upon the City’s acceptance of the hard surface with asphaltic concrete, or with detention facility, the maintenance expenses concrete paving with integral curb, all in incurred by the City of Dubuque for the storm accordance with the City of Dubuque standard water detention facility (Lot A) shall be assessed specifications, all in a manner acceptable to the against the lot owners of Harvest View Estates, City Engineer, in conformance with construction in equal amounts, and the City Manager shall improvement plans approved by the City certify such costs to the City Clerk, who in turn Engineer, and inspected by the City Engineer. shall promptly certify such costs to the Dubuque (b) To install water mains and water service County Treasurer, and such costs shall then be laterals into each individual lot, storm sewers collected with and in the same manner as and catch basins, boulevard street lighting and general property taxes in accordance with erosion control devices all in accordance with provisions of law. the City of Dubuque standard specifications, all Section 5. That the City will install sanitary in a manner acceptable to the City Engineer, sewer mains and sewer service laterals into and in accordance with construction each individual lot. The costs associated with improvement plans approved by the City this installation shall be reimbursed to the City Engineer, and inspected by the City Engineer. from the developer, his successors and assigns (c) To construct said improvements, prior to by connection fees by the City after construction two (2) years from the date of acceptance of this of said sewer. resolution, at the sole expense of the owners, or Section 6. That the final acceptance of all future owner; public improvements shall occur upon (d) To maintain the public improvements, for a certification of the City Engineer to the City period of two (2) years from the date of the Council that all public improvements have been acceptance of those improvements by the City completed in accordance with the improvement of Dubuque, Iowa, at the sole expense of the plans and City standard specifications and owners, or future owner; accepted by City Council Resolution. (e) To construct a temporary roadway Section 7. That in the event Harvest connecting Wheatland Drive and Matthew John Development Group fails to execute the Drive not less than 24 feet wide with adequate acceptance and furnish the guarantees provided radii, stone subgrade and asphaltic surface to in Section 3 hereof within 180 days after the support police, fire, maintenance and refuse date of this Resolution, the provisions hereof equipment. shall be null and void and the acceptance of the And, further provided that said Harvest dedication and approval the plat shall not be Development Group, as owners of said property, effective. shall secure the performance of the foregoing Passed, approved and adopted this 6th day of conditions provided in this Section by providing May, 2002. guarantees in such form and with such sureties Terrance M. Duggan, Mayor 196 Regular Session, May 6, 2002 Attest: Jeanne F. Schneider, City Clerk requirement that a proposed Ordinance be Nicholson moved adoption of the Resolution. considered and voted on for passage at two Seconded by Connors. Motion carried 7-0. Council Meetings prior to the meeting at which it is to be finally passed be suspended and further Municipal Housing Agency Governing Board: moved final consideration and passage of the City Manager recommending the appointment of Ordinance. Seconded by Markham. Vote on John Plein as the Section 8 representative to the the motion was as follows: Yeas—Nicholson, Municipal Housing Agency Governing Board due Buol, Cline, Connors, Markham. Nays— to the resignation of Danise Miller from the Michalski, Duggan. Motion failed due to lack of Housing Commission, presented and read. ¾ vote. Nicholson then moved that this be Cline moved that the communication be considered the first reading of the Ordinance. received and filed and approved Seconded by Markham. Carried by the following recommendation. Seconded by Michalski. vote: Yeas—Nicholson, Buol, Cline, Connors, Motion carried 7-0. Markham. Nays—Michalski, Duggan. Enterprise Zone Commission Appointments: Historic Property Tax Rebate Program: City City Manager recommending the confirmation of Manager recommending approval of a Historic representatives from the Iowa Department of Property Tax Rebate Program which would Economic Development (Kelley Deutmeyer, provide property tax rebates to owners in the Executive Director of East Central Downtown Urban Renewal District who restore Intergovernmental Association) and the historic buildings to certain standards, presented Northeast Iowa Community College (Daniel and read. Markham moved that the White, member of the NICC Board of Trustees) communication be received and filed and to serve on the City’s Enterprise Zone approved recommendation. Seconded by Commission, presented and read. Nicholson Nicholson. Motion carried 7-0. moved that the communication be received and filed and approved recommendation. Seconded Entrance Sign for the Dubuque Industrial by Markham. Motion carried 7-0. Center West: City Manager recommending approval of a proposed design for an entrance Special Events Policy: City Manager sign for the Dubuque Industrial Center West to recommending modifications to the Special be located at Chavenelle Drive and Seippel Events Application and Agreement related to Road, presented and read. Cline moved that the insurance requirements for events involving communication be received and filed and alcohol or fireworks, user fees or where there is approved recommendation. Seconded by Buol. a commercial use and to amend the purchase of Motion carried 7-0. service agreement with Dubuque Main Street Ltd. for the purpose of establishing an event COUNCIL MEMBER REPORTS insurance grant program, presented and read. Michalski moved that the communication be Nicholson praised Staff for their help with the received and filed and recommendation National League of Cities’ Information, approved. Seconded by Nicholson. Motion Technology, and Communications Steering carried 7-0. Committee meeting. Michalski stated that the National League of th Expansion of Parking Meter District on 8 Cities Conference in Minneapolis, attended by a Street and Main Street: City Manager team of six, was a great conference. recommending expansion of the parking meter district to include both sides of Eighth Street ITEMS TO BE SET FOR PUBLIC HEARING from Main Street to Locust Street, and both sides of Main Street from Fifth Street to Ninth Old U.S. Highway 20 Water Main Extension Street, presented and read. Buol moved that Project – Initiate: City Manager recommending the communication be received and filed. initiation of the bidding process for the Old U.S. Seconded by Markham. Carried by the following Highway 20 Water Main Extension Project and vote: Yeas—Nicholson, Buol, Cline, Connors, setting a public hearing for June 3, 2002, Markham. Nays—Michalski, Duggan. presented and read. Buol moved that the communication be received and filed. Seconded An Ordinance Amending Section 32-336 of by Markham. Motion carried 7-0. the City of Dubuque Code of Ordinances, RESOLUTION NO. 249-02 establishing the Municipal Parking Meter District PRELIMINARY APPROVAL OF by adding both sides of Eighth Street from Main PLANS AND SPECIFICATIONS Street to Locust Street and both sides of Main Street from Fifth Street to Ninth Street, Whereas, the proposed plans, specifications presented and read. Buol moved that the and form of contract for the installation of Regular Session, May 6, 2002 197 approximately 2,600 feet of 12-inch ductile iron Section 1. That the installation of water main on Old U. S. Highway 20 in the approximately 2,600 feet of 12- inch ductile iron estimated amount of $150,000 dollars have water main with accessories on Old U. S. been prepared by IIW Engineering and Highway 20 is hereby ordered to be advertised Surveyors, P.C. of Dubuque, Iowa. for bids for construction. NOW THEREFORE, BE IT RESOLEVD BY Section 2. That the amount of the security to THE CITY COUNCIL OF THE CITY OF accompany each bid shall be an amount which DUBUQUE, IOWA: shall conform to the provisions of the notice to Section 1. The proposed plans, specifications bidders hereby approved as part of the plans and form of Contract are approved and ordered and specifications heretofore adopted. filed in the office of the City Clerk for public Section 3. That the City Clerk is hereby inspection. directed to advertise for bids for the construction Passed, approved and adopted this 6th day of of the improvement herein provided to be May, 2002. published in a newspaper having general Terrance M. Duggan, Mayor circulation in the City of Dubuque, Iowa, which Attest: Jeanne F. Schneider, City Clerk notice shall not be less than four days nor more Buol moved adoption of the Resolution. than twenty days prior to the receipt of said bids Seconded by Markham. Motion carried 7-0. at 10:00 a.m. on the 21st day of May, 2002. Bids shall be opened and read by the City Clerk RESOLUTION NO. 250-02 at said time and will be submitted to the Council rd FIXING DATE FOR HEARING for final action at 6:30 p.m. on the 3 day of ON PLANS AND SPECIFICATIONS June, 2002. Whereas, the City Council of the City of Passed, approved and adopted this 6th day of Dubuque, Iowa has given its preliminary May, 2002. approval on the proposed plans, specifications, Terrance M. Duggan, Mayor and form of contract and placed same on file in Attest: Jeanne F. Schneider, City Clerk the office of the City Clerk for public inspection Buol moved adoption of the Resolution. of the construction of approximately 2,600 feet Seconded by Markham. Motion carried 7-0. of 12 inch water main with accessories on Old Highway 20 east of Seippel Road. Woodward Museum 2002 Renovations Project NOW THEREFORE, BE IT RESOLVED BY – Initiate: City Manager recommending initiation THE CITY COUNCIL OF THE CITY OF of the bidding process for the Woodward DUBUQUE, IOWA: Museum 2002 Renovations Project and setting a rd That on the 3 day of June, 2002 a public public hearing for June 17, 2002, presented and hearing will be held at 6:30 p.m. in the Public read. Buol moved that the communication be Library Auditorium at which time interested received and filed. Seconded by Markham. persons may appear and be heard for or against Motion carried 7-0. the proposed plans and specifications, form of RESOLUTION NO. 252-02 contract and cost of said improvement, and the PRELIMINARY APPROVAL OF City Clerk be and is hereby directed to cause a PLANS AND SPECIFICATIONS notice of time and place of such hearing to be published in a newspaper having general NOW THEREFORE, BE IT RESOLVED BY circulation in the City of Dubuque, Iowa, which THE CITY COUNCIL OF THE CITY OF notice shall be not less than four days nor more DUBUQUE, IOWA: than twenty days prior to the day fixed for this That the proposed plans, specifications, form consideration. At the hearing, any interested of contract and estimated cost for the Woodward person may appear and file objections to the Museum - 2002 Renovations Project, in the proposed plans, specifications, contract, or estimated amount $389,109.00 are hereby estimated cost of the improvement. approved and ordered filed in the office of the Passed, adopted and approved this 6th day of City Clerk for public inspection. May, 2002, Passed, adopted and approved this 6th day of Terrance M. Duggan, Mayor May, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, CMC, City Clerk Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 251-02 ORDERING BIDSRESOLUTION NO. 253-02 FIXING DATE OF HEARING NOW THEREFORE, BE IT RESOLVED BY ON PLANS AND SPECIFICATIONS THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary 198 Regular Session, May 6, 2002 approval on the proposed plans, specifications, and form of contract and placed same on file in At 8:05 P.M. Buol moved to go into Closed the office of the City Clerk for public inspection Session re: Pending Litigation and Property of the Woodward Museum - 2002 Renovations Acquisition – Chapter 21.5(1)(c)(j) 2001 Code of Project. Iowa. Seconded by Cline. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF At 8:46 P.M. Council reconvened with DUBUQUE, IOWA: statement that Staff had been given proper th That a public hearing will be held on 17 of direction. June, 2002, at 6:30 p.m. in the Public Library Auditorium at which time interested persons may There being no further business, Buol moved appear and be heard for or against the proposed to adjourn. Seconded by Cline. Motion carried plans and specifications, form of contract and 7-0. The meeting adjourned at 8:47. cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time /s/ Jeanne F. Schneider, CMC and place of such hearing to be published in a City Clerk newspaper having general circulation in the City 1t 5/15 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 Approved:__________________________2002 hearing, any interested person may appear and file objections to the proposed plans, Adopted:___________________________2002 specifications, contract, or estimated cost of the improvement. th Passed, adopted and approved this 6 day of ______________________________________ May, 2002. Mayor Terrance M. Duggan, Mayor Attest: Jeanne, F. Schneider, CMC, City Clerk ______________________________________ Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. ______________________________________ RESOLUTION NO. 254-02 ______________________________________ ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY ______________________________________ THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: ______________________________________ That the Woodward Museum - 2002 Renovations Project is hereby ordered to be ______________________________________ advertised for bids for construction. Council Members BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in Attest: an amount which shall conform to the provisions of the Notice to Bidders hereby approved as a ______________________________________ part of the plans and specifications heretofore City Clerk 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 prior to the receipt of said bids at 2:00 p.m. on the 6th of June, 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 17th of June, 2002. th Passed, adopted and approved this 6 day of May, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Regular Session, May 20, 2002 199 th the 36 Quarterly Report, presented and read. DUBUQUE Buol moved that the communication be received and filed. Seconded by Cline. Motion carried 7- CITY COUNCIL 0. OFFICIAL PROCEEDINGS Proof of publication of City Council Proceedings of 4/15/02; Proof of publication of City Council, Regular Session, May 20, 2002 List of Claims and Summary of Revenues for the Council met in Regular Session at 6:30 P.M. in month ending March, 2002, presented and read. the Library Auditorium Buol moved that the proofs be received and Present: Mayor Duggan, Council Members filed. Seconded by Cline. Motion carried 7-0. Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Notice of Claims/Suits: John Kivlahan in Corporation Counsel Barry Lindahl. estimated amount of $262.50; The Adams Company vs. the City of Dubuque and the City Mayor Duggan read the call and stated this is Council of the City of Dubuque; Dodds River the Regular Session of the City Council called Terminal, et al, vs. the City of Dubuque and the for the purpose of acting upon such business City Council of the City of Dubuque, presented which may properly come before the City and read. Buol moved that the claims and suits Council. be referred to the Legal Staff for investigation and report. Seconded by Cline. Motion carried Invocation was given by Rev. Wayne A. 7-0. Ressler, Pastor of Nativity Catholic Church. Corporation Counsel advising that the Proclamation: “Legal Services Corporation of following claim has been referred to Public Entity Iowa” – May, 2002 received by Diane Wilson, Risk Services of Iowa, the agent for the Iowa Managing Attorney of Legal Services in Communities Assurance Pool: Jerry Turner for Dubuque. property damage, presented and read. Buol moved that that communication be received and CONSENT ITEMS filed and concurred. Seconded by Cline. Motion carried 7-0. Minutes Submitted: Airport Commission of 4/29; City Council of 5/6; Civil Service Corporation Counsel recommending approval Commission of 4/26; Housing Commission of of the claim of Darlene Millard in the amount of 4/23; Human Rights Commission of 4/8; $485.04 for vehicle damage and Finance Investment Oversight Advisory Commission of Director to issue payment, presented and read. 5/8; Park and Recreation Commission of 4/9; Buol moved that the communication be received Plumbing Board of 5/2; Transit Board of 4/18; and filed and concurred and directed Finance Zoning Advisory Commission of 5/1; Zoning Director to issue payment. Seconded by Cline. Board of Adjustment of 4/25, presented and Motion carried 7-0. read. Buol moved that the minutes (with the exception of the Airport Commission minutes) Citizen Communications: be received and filed. Seconded by Cline. Communication from Robert Byrne and Motion carried 7-0. Cynthia Nelms-Bryne, The Main Gallery and Michalski, referring to the Airport Comm. Studio, registering their objection to Mr. John minutes, questioned Markham as an Airport Finn’s request to have a permanent right to Commission member, as to any impact with the expand outside the Busted Lift, presented and new Airport restaurant contractor’s recent read. Buol moved that the communication be financial difficulties. Markham stated that major received and filed and referred to the City improvements had been made and work Manager. Seconded by Cline. Motion carried 7- continued. Michalski then moved that the Airport 0. Commission minutes be received and filed. Communication from John Finn in support of Seconded by Nicholson. Motion carried 7-0. his request to have an outdoor patio at The Busted Lift and responding to concerns from Printed City Council Proceedings for January, neighbors, presented and read. Buol moved 2002, presented and read. Buol moved that that the communication be received and filed the proceedings be approved as printed. and referred to the City Manager. Seconded by Seconded by Cline. Motion carried 7-0. Cline. Motion carried 7-0. Finance Director submitting the Financial U.S. Department of Housing and Urban Reports for the month ending April 30, 2002; Development: Communication from the U.S. Investment Oversight Commission submitting Department of Housing and Urban Development 200 Regular Session, May 20, 2002 advising that the City has been approved for a Whereas, said Plat was recorded as special project grant for Fiscal Year 2002 and Instrument Number 7571-02 on April 22, 2002 in communication from the U.S. Department of the Office of the Recorder of Dubuque County; Housing and Urban Development regarding the and, on-site review of the City’s Community Whereas, that upon further examination of the Development Block Grant Program, presented Final Plat necessitates a correction in the title of and read. Buol moved that the communication said Plat; and, be received and filed. Seconded by Cline. Whereas, only the title of said Final Plat needs Motion carried 7-0. to be corrected and the bearings, distances, and areas of Lot H, I, & J as recorded all remain State Historical Society of Iowa: unchanged. Communication from the State Historical Society NOW, THEREFORE, BE IT RESOLVED BY of Iowa advising that The Grand Opera House THE CITY COUNCIL OF THE CITY OF will be considered by the State National Register DUBUQUE, IOWA: Nominations Review Committee for nomination Section 1. That the title of the Final Plat of to the National Register of Historic Places, Lots H, I, & J of Dubuque Industrial Center West presented and read. Buol moved that the recorded as Instrument Number 7571-02 and communication be received and filed. Seconded filed on April 22, 2002, in the Office of the by Cline. Motion carried 7-0. Recorder of Dubuque County, should be corrected to “THE FINAL PLAT OF LOTS H, I & Iowa Governor’s Traffic Safety Bureau Grant: J OF DUBUQUE INDUSTRIAL CENTER WEST City Manager recommending approval of the THIRD ADDITION” in the City of Dubuque, Iowa. submission of a grant application to the Iowa Passed, approved and adopted this 20th day Governor’s Traffic Safety Bureau in the amount of May, 2002. of $19,640, Buol moved that the communication Terrance M. Duggan, Mayor be received and filed and approved Attest: Karen M. Chesterman, Deputy City Clerk recommendation. Seconded by Cline. Motion Buol moved adoption of the Resolution. carried 7-0. Seconded by Cline. Motion carried 7-0. Surface Transportation Board: Communication Patricia Ann Drive – Acceptance of Public of City Manager Michael C. Van Milligen to the Improvements: City Manager recommending Surface Transportation Board (STB) urging that acceptance of the public improvements the potential merger of the Dakota Minnesota completed by the developer, Floyd S. and Eastern Railroad (DME) and the I & M Rail Gudenkauf, in Patricia Ann Acres, presented Link be viewed as significant and engage a full and read. Buol moved that the communication regulatory process when an application is be received and filed. Seconded by Cline. submitted, presented and read. Buol moved Motion carried 7-0. that the communication be received and filed RESOLUTION NO. 256-02 and approved letter. Seconded by Cline. Motion ACCEPTING IMPROVEMENTS carried 7-0. IN PATRICIA ANN ACRES Dubuque Industrial Center – Plat: City Whereas, certain improvements including Manager recommending that the title of the Final street paving, storm sewer, sanitary sewer, and Plat of Lots H, I & J of Dubuque Industrial watermain were installed by the developer of Center West be corrected to read “Lots H, I & J Patricia Ann Acres for the extension of Patricia of Dubuque Industrial Center West Third Ann Drive; and Addition” as requested by the Dubuque County Whereas, the improvements have been Auditor’s Office to avoid duplicate subdivision completed and the City Manager has examined names, presented and read. Buol moved that the work and has filed a certificate stating that the communication be received and filed. the same has been completed in accordance Seconded by Cline. Motion carried 7-0. with the plans approved by the City Council and in conformance with City specifications, and has RESOLUTION NO. 255-02 recommended that the improvements be A RESOLUTION CHANGING THE NAME OF accepted by the City Council. FINAL PLAT OF LOTS H, I, & J OF DUBUQUE NOW THEREFORE, BE IT RESOLVED BY INDUSTRIAL CENTER WEST, IN THE CITY THE CITY COUNCIL OF THE CITY OF OF DUBUQUE, IOWA DUBUQUE, IOWA: Whereas, the Final Plat of Lots H, I, & J of Section 1. That the recommendation of the Dubuque Industrial West was approved by City City Manager be approved and that said Council by Resolution Number 211-02 on improvements in Patricia Ann Acres be and the February 15, 2002; and, same is hereby accepted. Regular Session, May 20, 2002 201 Section 2. That maintenance of said received and filed. Seconded by Cline. Motion improvements shall be the responsibility of the carried 7-0. contractor and the owner for a period of two RESOLUTION NO. 258-02 years from this date. RESOLUTION APPROVING PRE-CON- Passed, adopted and approved this 20th day STRUCTION AGREEMENT NO. 99-4-095C of May, 2002. WITH THE IOWA DEPARTMENT OF Terrance M. Duggan, Mayor TRANSPORTATION RELATING TO THE Attest: Karen M. Chesterman, Deputy City Clerk CONSTRUCTION OF IOWA 32 (NORTHWEST Buol moved adoption of the Resolution. ARTERIAL) AND JOHN F. KENNEDY ROAD Seconded by Cline. Motion carried 7-0. TO US 52 Iowa Department of Transportation – Woodward Whereas, the Iowa Department of Museum: City Manager recommending Transportation is proposing to construct Iowa 32 approval of a Supplementary Agreement with from John F. Kennedy Road to US 52; and, the Iowa Department of Transportation for the Whereas, the Iowa Department of Woodward Museum (Freight House) Restoration Transportation has prepared a pre-construction Project, presented and read. Buol moved that agreement outlining the terms and conditions the communication be received and filed. under which the City’s reconstruction project on Seconded by Cline. Motion carried 7-0. John F. Kennedy Road from Spring Valley Road to the northerly City limits can be included in the RESOLUTION NO. 257-02 State’s construction project; and, RESOLUTION AUTHORIZING A SUPPLE- Whereas, the City Council of the City of MENTAL AGREEMENT WITH THE IOWA Dubuque approves the terms and conditions of DEPARTMENT OF TRANSPORTATION FOR said pre-construction agreement. THE WOODWARD MUSEUM (FREIGHT NOW THEREFORE, BE IT RESOLVED BY HOUSE) RESTORATION PROJECT THE CITY COUNCIL OF THE CITY OF Whereas, the City of Dubuque is the sponsor DUBUQUE, IOWA: of a Transportation Enhancement Grant for the Section 1. That the Iowa Department of Woodward Museum (Freight House) Restoration Transportation Agreement No. 99-4-095C Project awarded to the Dubuque County consisting of an agreement providing for the Historical Society; and, City’s reconstruction project on John F. Kennedy Whereas, the Dubuque County Historical Road from Spring Valley Road to the northerly Society wishes to bid the Woodward Museum City limits be included in the Iowa Department of (Freight House) Restoration Project; and, Transportation’s contract for the construction of Whereas, the Iowa Department of the Northwest Arterial from John F. Kennedy Transportation will allow the Woodward Museum Road to US 52. (Freight House) Restoration Project to be bid Section 2. That the Mayor be authorized and locally after completion of a supplemental directed to execute two copies of said pre- agreement with the City. construction agreement. th NOW THEREFORE, BE IT RESOLVED BY Passed, adopted and approved this 20 day of THE CITY COUNCIL OF THE CITY OF May, 2002. DUBUQUE, IOWA: Terrance M. Duggan, Mayor Section 1. That the Mayor is hereby Attest: Karen M. Chesterman, Deputy City Clerk authorized to sign the Supplemental Agreement Buol moved adoption of the Resolution. with the Iowa Department of Transportation to Seconded by Cline. Motion carried 7-0. proceed with the local bidding of the Woodward Museum (Freight House) Restoration Project. Harvest Business Center – Final Plat (Street th Passed, approved and adopted this 20 day of Renaming): City Manager recommending May, 2002. approval of the final plat of Harvest Business Terrance M. Duggan, Mayor Center (previously approved on March 18, 2002) Attest: Karen M. Chesterman, Deputy City Clerk as the developer has requested that the original Buol moved adoption of the Resolution. street name of Commerce Court be renamed to Seconded by Cline. Motion carried 7-0. Meinen Court, presented and read. Buol moved that the communication be received and filed. Northwest Arterial – IDOT Agreement: City Seconded by Cline. Motion carried 7-0. Manager recommending approval of a Pre- RESOLUTION NO. 259-02 construction Agreement with the Iowa A RESOLUTION RESCINDING RESOLUTION Department of Transportation relating to the NO.169-02 AND REAFFIRMING THE FINAL construction of Iowa 32 (Northwest Arterial) from PLAT OF HARVEST BUSINESS CENTER, IN John F. Kennedy Road to US 52, presented and THE CITY OF DUBUQUE, IOWA read. Buol moved that the communication be 202 Regular Session, May 20, 2002 Whereas, there has been filed with the City (d) To maintain the public improvements, for a Clerk a final plat of Harvest Business Center, in period of two (2) years from the date of the the City of Dubuque, Iowa; and acceptance of those improvements by the City Whereas, upon said final plat appears a street of Dubuque, Iowa, at the sole expense of the to be known as Meinen Court (Lot A), together owners, or future owner; with certain public utility, sewer easements, And, further provided that said Harvest which the owners by said final plat have Development Group, L.L.C., as owners of said dedicated to the public forever; and property, shall secure the performance of the Whereas, the preliminary plat has been foregoing conditions provided in this Section by examined by the Zoning Advisory Commission providing guarantees in such form and with such and had its approval endorsed thereon; and sureties as may be acceptable to the City Whereas, said final plat has been reviewed by Manager of the City of Dubuque, Iowa. the City Planner and had her approval endorsed Section 4. Sidewalk installation shall be the thereon, subject to the owners agreeing to the responsibility of the owner abutting the public conditions noted in Section 2 below; and rights-of-way, including lots with multiple Whereas, said final plat has been examined by frontages, as required by City Code 41-161 the City Council and they find that it conforms to through 41-164. The responsibility shall extend the statutes and ordinances relating to it, except to all successors, heirs and assignees. that no streets or public utilities have yet been Sidewalk installation will not be required until the constructed or installed. development of the lot has been completed, NOW, THEREFORE, BE IT RESOLVED BY except as required herein. In sparsely THE CITY COUNCIL OF THE CITY OF developed subdivisions, sidewalks on developed DUBUQUE, IOWA: lots will not be required until 50% of the lots Section 1. That Resolution No. 169–02 is approved by the plat have been developed. All hereby rescinded. vacant lots shall have sidewalks installed upon Section 2. That the dedication of Meinen Court development of 80% of the lots approved by the (Lot A), together with the easements for public plat. utilities, sanitary sewer, storm sewer and water Section 5. The developer will maintain the mains as they appear upon said final plat, be detention facility until it has been fully completed and the same are hereby accepted; and and 80% of the sum of the platted lots in the Section 3. That the final plat of Harvest entire Harvest Estates First Addition, approved Business Center is hereby approved by the by Resolution No. 349-01, and Lot 1 thru 4, Mayor and City Clerk are hereby authorized and inclusive of Harvest Business Center, are fully directed to endorse the approval of the City of developed and the remaining 20% of these lots Dubuque, Iowa, upon said final plat, provided have installed adequate erosion control the owners of said property herein named, measures as approved by the City. Upon the execute their written acceptance hereto attached City’s acceptance of the detention facility, the agreeing: maintenance expenses incurred by the City of (a) To reduce Meinen Court (Lot A) to grade Dubuque for the storm water detention facility and to construct concrete curb and gutter and to shall be assessed against the lot owners of hard surface with asphaltic concrete, or with Harvest Estates First Addition and Lots 1 thru 4, concrete paving with integral curb, all in inclusive of Harvest Business Center, in equal accordance with the City of Dubuque standard amounts, and the City Manager shall certify specifications, all in a manner acceptable to the such costs to the City Clerk, who in turn shall City Engineer, in conformance with construction promptly certify such costs to the Dubuque improvement plans approved by the City County Treasurer, and such costs shall then be Engineer, and inspected by the City Engineer. collected with and in the same manner as (b) To install sanitary sewer mains and sewer general property taxes in accordance with service laterals into each individual lot, water provisions of law. mains and water service laterals into each Section 6. That the final acceptance of all individual lot, storm sewers and catch basins, public improvements shall occur upon boulevard street lighting and erosion control certification of the City Engineer to the City devices all in accordance with the City of Council that all public improvements have been Dubuque standard specifications, all in a completed in accordance with the improvement manner acceptable to the City Engineer, and in plans and City standard specifications and accordance with construction improvement accepted by City Council Resolution. plans approved by the City Engineer, and Section 7. That in the event Harvest inspected by the City Engineer. Development Group, L.L.C. fails to execute the (c) To construct said improvements, prior to acceptance and furnish the guarantees provided two (2) years from the date of acceptance of this in Section 3 hereof within 180 days after the resolution, at the sole expense of the owners, or date of this Resolution, the provisions hereof future owner; shall be null and void and the acceptance of the Regular Session, May 20, 2002 203 dedication and approval of the plat shall not be before proceeding with a Request for Release of effective. Funds and Certification. th Passed, approved and adopted this 20 day of NOW, THEREFORE, BE IT RESOLVED BY May 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Karen M. Chesterman, Deputy City Clerk Section 1. That the City Clerk be and is Buol moved adoption of the Resolution. hereby authorized and directed to publish a Seconded by Cline. Motion carried 7-0. combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent Fiscal Year 2003 Community Development to Request Release of Funds for the following Block Grant Program: City Manager identified projects and to make the recommending authorization of the publication of Environmental Review Record for said projects a Combined Notice of No Significant Impact on available for public inspection and comment until the Environment and Notice of Intent to Request 5:00 p.m. on June 7, 2002. Such notice shall be Release of Funds for Community Development in the form of Exhibit "A" attached hereto and Block Grant activities, presented and read. made a part hereof. Buol moved that the communication be received Community Development Block Grant Annual and filed. Seconded by Cline. Motion carried 7-Plan Projects 0. Program Year 2002 (Fiscal Year 2003) Housing Programs: Problem Properties RESOLUTION NO. 260-02 Management; Housing Trust; Homeowner A RESOLUTION AUTHORIZING PUBLI- Rehabilitation (Operation: Paintbrush; Operation CATION OF A COMBINED NOTICE OF Upkeep; Residential Rehabilitation Loan FINDING OF NO SIGNIFICANT IMPACT ON Program; Sewer Connection Loan); Housing THE ENVIRONMENT AND NOTICE OF Code Enforcement; First Time Home Buyer INTENT TO REQUEST RELEASE OF FUNDS Program; Rental Unit Rehabilitation (Emergency FOR CERTAIN COMMUNITY DEVELOPMENT Code Enforcement Loan Program; Moderate BLOCK GRANT PROJECTS FOR FISCAL Income Rental Rehab Loan Program; YEAR 2003 (PROGRAM YEAR 2002) Accessibility Rehab; Single Room Occupancy Whereas, the City of Dubuque will enter into a Rehab); Purchase/Rehabilitation/ Resale; Lead Grant Agreement for the Fiscal Year Paint Hazard Abatement; Historic Preservation commencing July 1, 2002, with the U.S. Homeowner Grants; Housing Rehabilitation Department of Housing and Urban Services and Staff; Housing Planning / Development, providing for financial assistance Administration Services and Staff to the City under Title I of the Housing and Neighborhood and Community Development Community Development Act of 1974, as Programs: Community Partnership Program amended; and (cp2); Senior Center; Neighborhood Recreation Whereas, pursuant to the rules and regulations Program; Information and Referral Service; as promulgated by the U.S. Department of Zoning Inspection/Enforcement; Child Care Housing and Urban Development, an Resource and Referral; Deer Management Food environmental review has been processed for Program; Washington Tool Library; Neighbor- the hereinafter listed projects to be financed with hood Support Grants; Leadership Training; Community Development Block Grant funds; Neighborhood Infrastructure Improvements and (Neighborhood Street Overlays; Neighborhood Whereas, based on said environmental review, Sidewalk Program; Neighborhood Step/Wall the Department of Community and Economic Repair) Handicap Curb Ramps; Dubuque Development has determined that said projects Dispute Resolution Center; Downtown Resource will have no significant impact on the Guide; Fair Housing Education; Neighborhood environment; and Development Services and Staff Whereas, a combined notice of "Finding of No Economic Development Programs: Economic Significant Impact on the Environment" and of Development Financial Assistance Program; "Intent to Request Release of Funds" for said Economic Development Program Services and projects will be sent by regular mail to various Staff tribal, federal, state and local public agencies; to Planning and Administration: CDBG Admini- the appropriate Regional Office of the stration Services and Staff; Finance Services Environmental Protection Agency, to the HUD and Staff; City Planning Services and Staff Field Office and to the local news media, No funds will be committed prior to completion individuals and groups known to be interested of a review for other related laws of 24 CFR and believed to be appropriate to receive such a 58.5, including Section 106, for site-specific notice; and projects that are currently unidentified. Whereas, any and all comments received as a Section 2. That the environmental review result of such notice will be duly considered record for each of the projects shall be placed 204 Regular Session, May 20, 2002 on file in the Office of the Housing and moved that the communication be received and Community Development Department, 1805 filed and approved recommendation. Seconded Central, Dubuque Iowa where said record may by Cline. Motion carried 7-0. be examined and copied by any interested party. Section 3. That the Mayor of the City of Easement Agreement for Recreational Trail: Dubuque is hereby authorized and directed to City Manager recommending approval of an submit to the U.S. Department of Housing and easement agreement with Interstate Power and Urban Development fifteen (15) days after Light Company for the City to construct a publication of appropriate notice a Request for recreational trail on their property, presented Release of Funds to undertake the said projects. and read. Buol moved that the communication Section 4. That the Mayor of the City of be received and filed and approved. Seconded Dubuque is hereby authorized to consent to by Cline. Motion carried 7-0. assume the status of a responsible federal official under the National Environmental Quebecor Enterprise Zone Agreement: City Protection Act, insofar as the provisions of the Manager recommending approval of an said Act apply to the U.S. Department of Enterprise Zone Agreement with the Iowa Housing and Urban Development responsi-Department of Economic Development for bilities for review, decision making, and action Quebecor World Dubuque, Inc. related to assumed and carried out by the City of Dubuque Quebecor’s expansion on Kerper Boulevard, as to environmental issues. presented and read. Buol moved that the Section 5. That the Mayor of the City of communication be received and filed. Seconded Dubuque is hereby authorized to consent by Cline. Motion carried 7-0. personally, in his official capacity and on behalf RESOLUTION NO. 261-02 of the City of Dubuque, to accept the jurisdiction RESOLUTION APPROVING AN ENTERPRISE of the federal courts if an action is brought to ZONE AGREEMENT BY AND AMONG THE enforce responsibilities in relation to IOWA DEPARTMENT OF ECONOMIC environmental review, decision making and DEVELOPMENT, THE CITY OF DUBUQUE action. AND QUEBECOR WORLD DUBUQUE, Section 6. That the Mayor of the City of INCORPORATED. Dubuque is and he is hereby authorized and directed to execute a certification pertaining to Whereas, the City of Dubuque has established the environmental review procedures. two Enterprise Zones and an Enterprise Zone Passed, approved and adopted this 20th day Commission; and of May 2002. Whereas, the Enterprise Zone Commission on Terrance M. Duggan, Mayor March 15, 2002 approved the application of Attest: Karen M. Chesterman, Deputy City Clerk Quebecor World Dubuque, Inc. for Enterprise Buol moved adoption of the Resolution. Zone benefits; and Seconded by Cline. Motion carried 7-0. Whereas, Quebecor World Dubuque, Inc.’s application was approved by the Iowa Project Concern – Fiscal Year 2002 Amend-Department of Economic Development on April ment: City Manager recommending approval of 3, 2002; and an amendment to the Fiscal Year 2002 Whereas, the Iowa Department of Economic Purchase of Service Agreement with Project Development has prepared and submitted for Concern, presented and read. Buol moved that City Council approval an agreement relating to the communication be received and filed and Enterprise Zone benefits for Quebecor World approved recommendation. Seconded by Cline. Dubuque, Inc., a copy of which is attached Motion carried 7-0. hereto and by this reference made a part hereof; and Lead Based Paint Hazard Reduction Grant: Whereas, the City Council finds that the Communication from the Community proposed agreement is acceptable and Development Advisory Commission recom-necessary to the growth and development of the mending support for the allocation of $60,000 of city. CDBG funds for Fiscal Years 2003, 2004 and NOW THEREFORE, BE IT RESOLVED BY 2005 for the Lead Based Paint Hazard THE CITY COUNCIL OF THE CITY OF Reduction Program, presented and read. Buol DUBUQUE, IOWA: moved that the communication be received and Section 1. That the Iowa Department of filed. Seconded by Cline. Motion carried 7-0. Economic Development Enterprise Zone (EZ) Program Agreement, Number 2002-EZ-11, is Architectural Design Guidelines: The Historic hereby approved. Preservation Commission recommending Section 2. That the Mayor is hereby approval of the Architectural Guidelines for authorized and directed to execute the Historic Structures, presented and read. Buol Agreement on behalf of the City of Dubuque and Regular Session, May 20, 2002 205 forward the executed copy to the Iowa Michalski spoke praising the City staff for this th Department of Economic Development for their award received now for the 14 year in a row. approval. Passed, approved and adopted this 20th day Colts Drum and Bugle Corps: Request of the of May, 2002. Colts Drum and Bugle Corps to transfer their Terrance M. Duggan, Mayor liquor license to Eagle Point Park on June 8, Attest: Karen M. Chesterman, Deputy City Clerk 2002, presented and read. Buol moved that the Buol moved adoption of the Resolution. communication be received and filed and Seconded by Cline. Motion carried 7-0. approved request. Seconded by Cline. Motion carried 7-0. McGraw Hill – Certificate of Completion: City Manager recommending the issuance of a Business License Refund: Request of Chi- Certificate of Completion to the developer of the Chi’s for a refund of the beer and liquor license McGraw-Hill project acknowledging achievement in the amount of $633.75, presented and read. of their obligation to complete minimum Buol moved that the communication be received improvements as stipulated in the Development and filed and approved request. Seconded by Agreement, presented and read. Buol moved Cline. Motion carried 7-0. that the communication be received and filed and approved recommendation. Seconded by Business Licenses: Cline. Motion carried 7-0. RESOLUTION NO. 263-02 Giese Manufacturing Company Development NOW, THEREFORE, BE IT RESOLVED BY Agreement: City Manager recommending THE CITY COUNCIL OF THE CITY OF approval of a minor change in the Development DUBUQUE, IOWA: Agreement with Giese Manufacturing Company That the following having complied with the previously approved by Council for construction provisions of law relating to the sale of of a 28,500 square foot facility rather than a Cigarettes within the City of Dubuque, Iowa, be 30,000 square foot facility, presented and read. granted a permit to sell Cigarettes and Cigarette Buol moved that the communication be received Papers within said City. and filed and approved recommendation. 44 Renewals Seconded by Cline. Motion carried 7-0. 5 Point Mart 5 Point Mart 405 Rhomberg Ave th Old Highway 20 Water Main Extension Project: 16 St Auto Truck Plaza Mulgrew Oil Com th City Manager requesting authorization to offer 1215 E 16 St up to a maximum $10,000 early completion A & B Tap Mul Inc bonus for the Old Highway 20 Water Main 2600 Central Ave Extension Project to ensure the project is Aragon Tap Myra Woodman finished prior to the Dubuque County Fair, 1103 Iowa St presented and read. Buol moved that the Asbury AMOCO Foodshop Mulgrew Oil Com communication be received and filed and 3300 Asbury Rd approved request. Seconded by Cline. Motion Beecher Beverage & Gas Station Beecher Co. carried 7-0. Inc. 1691 Asbury Rd Brass Ring Dubuque Inn Corp Lease Agreement: City Manager recommend-3434 Dodge St ing City Council approval of an agreement in the Bodine’s Jeff Demmer Ice Harbor between the Dubuque County 1445 Central Ave Historical Society and Peninsula Gaming Casey’s General Store # 2420 Casey’s Company, LLC, presented and read. Nicholson Marketing Com 2699 Rockdale Rd moved that the communication be received and Casey’s General Store # 2421 Casey’s filed and approved recommendation. Seconded Marketing Com 4003 Peru Rd by Connors. Motion carried 7-0. Cedar Cross AMOCO LB Metcalf, Inc. 1200 Cedar Cross Government Finance Officers Association: Clubhouse Melvin Spiegelhalter City Manager advising that the City’s 2364 Washington Comprehensive Annual Financial Report Denny’s Lux Club Beverly Larsen (CAFR) for the fiscal year ended June 30, 2001 3050 Asbury Rd has qualified for a Certificate of Achievement for Diamond Jo Casino Peninsula Gaming Co. rd Excellence in Financial Reporting from the 400 E 3 St Government Finance Officers Association Diamond Jo Casino-Gift Shop Peninsula rd (GFOA), presented and read. Michalski moved Gaming Com 3 St Ice Harbor that the communication be received and filed. Dubuque Discount Gas Dubuque Discount Seconded by Nicholson. Motion carried 7-0. Gas 4110 Dodge St 206 Regular Session, May 20, 2002 RESOLUTION NO. 264-02 Dubuque Discount Gas Dubuque Discount BEER Gas 2175 Central Ave Dubuque Golf & Country Club Dubuque Golf & Whereas, applications for Beer Permits have Country Club 1800 Randall Pl been submitted and filed to this Council for Eagle Food Center # 018 Eagle Food Center, approval and the same have been examined Inc. 330 S Locust St and approved: and Eagle Food Center # 130 Eagle Food Center, Whereas, the premises to be occupied by Inc 1800 Elm St such applicants were inspected and found to Eagle Food Center # 320 Eagle Food Center, comply with the Ordinances of the City and have Inc 2050 JFK Rd filed proper bonds. Family Mart Inc. Family Mart Inc NOW, THEREFORE, BE IT RESOLVED BY 3201 Central Ave THE CITY COUNCIL OF THE CITY OF Hy-Vee Food Store HyVee Food DUBUQUE, IOWA: 4800 Asbury Rd That the Manager be authorized to cause to be IOCO Speede Shoppe Iowa Oil Com issued the following named applicants a Beer 2335 University Ave Permit. IOCO Speede Shoppe Iowa Oil Com CLASS “B” BEER PERMIT 3270 Dodge St (5-day Special Event) IOCO Speede Shoppe Iowa Oil Com Catfish Festival Special Events Catfish 2150 Twin Valley Festival+ (Sunday/Outdoor Sale) Hawthorne St K-Mart # 4018 K-Mart Corp Passed, approved and adopted this 20th day 2600 Dodge St of May 2002. Kalmes Breaktime Bar & Grill Michael / Terrance M. Duggan, Mayor Theresa Kalmes 1097 Jackson St Attest: Karen M. Chesterman, Deputy City Clerk Knickers Curtis Gerhard Buol moved adoption of the Resolution. 2186 Central Ave Seconded by Cline. Motion carried 7-0. Liquor Depot Express Depot, Inc. RESOLUTION NO. 265-02 1620 JFK Rd Loras AMOCO Foodshop Mulgrew Oil Com Whereas, applications for Liquor Licenses 1450 Loras Blvd have been submitted to this Council for approval McCann’s IOCO McCann’s Service Inc. and the same have been examined and 690 W Locust St approved; and Murph’s South End Tap Pamela Murphy Whereas, the premises to be occupied by such 55 Locust St applicants were inspected and found to comply Oky Doky # 8 Jim Miller with the State Laws and all City Ordinances 535 Hill St relevant thereto and they have filed proper Plaza 20 AMOCO A & T LLC bonds. 2600 Dodge St NOW, THEREFORE, BE IT RESOLVED BY Ron’s Discount Smokes/Beverage Cntr RKM THE CITY COUNCIL OF THE CITY OF LLC 1701 JFK Rd DUBUQUE, IOWA: Sid’s Beverage Beverly Miller That the Manager be authorized to cause to be 2727 Dodge issued the following named applicants a Liquor Tobacco Outlet Plus # 504 Kwik Trip Inc. License. 806 Wacker Dr CLASS “A” (CLUB) LIQUOR Tobacco Outlet Plus # 564 Kwik Trip Inc, Dubuque Golf & Country Club Dubuque Golf & 66 W. 32nd St Country Club + (Sunday/Outdoor Sale) Wal-Mart # 2024 Wal-Mart 1800 Randall Pl 4200 Dodge St CLASS C BEER/LIQUOR LICENSE Walgreens # 06154 Walgreen Co. Michael/Theresa Kalmes Breaktime 2260 JFK Rd Bar & Grill + (Sunday Sale) 1097 Jackson St Walgreens # 00377 Walgreen Co Tott’s Tap Inc. Tott’s Tap 555 JFK Rd 3457 Jackson St Walnut Tap Craig Weiner Cooper Management Underground, Bricktown, 709 University Av Stonewall+(Sunday Sale) 299 Main St Whiskey River Chad Streff Clifford Enterprises LLC Dempsey’s Molly’s th 1064 University Ave Pub & Grub 395 W. 5 St thth Passed, approved and adopted this 20 day Passed, approved and adopted this 20 day of of May, 2002. May, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Attest: Karen M. Chesterman, Deputy City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. Regular Session, May 20, 2002 207 development if duplexes are allowed, and the BOARDS/COMMISSIONS problem of over-development, as well as traffic Interviews for the following Commissions: problems on Middle Road. Civil Service Commission (One four year term Karen Gerhard, 1294 Middle Rd., spoke to expire 4/6/06 – Kluesner). Applicant: Loras objecting to the possibility of seven houses on Kluesner. No one spoke. one acre lots. Investment Oversight Commission (One term Bridget Stepanovich, 6197 Middle Rd., spoke to expire 7/1/05 – Spielman). Applicant: Charles of safety concerns. Spielman. No one spoke. Council discussed the proposal at length. Buol moved that the proofs and PUBLIC HEARINGS communications be received and filed, moved that the requirement that a proposed Ordinance Michalski moved to suspend the rules to allow be considered and voted on for passage at two anyone present to address the Council if they so Council Meetings prior to the meeting at which it desire. Seconded by Nicholson. Motion carried is to be finally passed be suspended and further 7-0. moved final consideration and passage of the Ordinance, and adoption of the Resolution. Callahan Construction – Request to Rezone Seconded by Nicholson. Vote on the motion and Voluntary Annexation: was as follows: Yeas—Buol, Nicholson. Proof of publication on notice of hearing to Nays—Cline, Connors, Duggan, Markham, consider rezoning property located on Seippel Michalski, Nicholson, Motion failed 2-5. Road from County R-2 to City R-2 Two-Family Residential District, R-4 Multi-Family Residential Education and Conference Center – Bid District, and CS Commercial Service and Package #1: Proofs of publication on notice of Wholesale District in conjunction with hearing on plans and specifications, and notice annexation and Zoning Advisory Commission to bidders on the receipt of bids, and City recommending approval; Zoning Advisory Manager recommending award of the contract Commission recommending approval of the for the Education and Conference Center – Bid preliminary plat of Callahan Subdivision with Package #1 Project to Kraemer Brothers in the conditions and subject to annexation; City amount of $1,597,000, presented and read. Manager recommending approval of the Cline moved that the proofs and communication annexation and certain components of the be received and filed. Seconded by Nicholson. request for assistance to build owner occupied Motion carried 7-0. affordable housing; communication of Roseann RESOLUTION NO. 266-02 Schromen objecting to the proposed rezoning RESOLUTION ADOPTING PLANS and development, presented and read. AND SPECIFICATIONS An Ordinance Amending Appendix A (the th Zoning Ordinance) of the City of Dubuque Code Whereas, on the 12 day of April, 2002, plans, of Ordinances by reclassifying hereinafter specifications, form of contract and estimated described property located at 13000 block of cost were filed with the City Clerk of Dubuque, Seippel Road from Dubuque County R-2 Rural Iowa for the Education and Conference Center– Residential to City of Dubuque R-2 Two-Family Bid Package #1. Residential District, R-4 Multi-Family Residential Whereas, notice of hearing on plans, District and CS Commercial Service and specifications, form of contract, and estimated Wholesale District, concurrent with annexation, cost was published as required by law. presented and read. NOW THEREFORE, BE IT RESOLVED BY A Resolution Annexing certain territory to the THE CITY COUNCIL OF THE CITY OF City of Dubuque, presented and read. DUBUQUE, IOWA: Joe Callahan, owner and proposed developer, That the said plans, specifications, form of spoke clarifying this proposed project of contract and estimated cost are hereby moderate income housing on Seippel Rd. and approved as the plans, specifications, form of gave the Council pictures of similar houses contract and estimated cost for said developed in Rochester. He also requested improvements for said project. changes in street asphalt depths and City help Passed, approved and adopted this 20th day with water and sewer installations. of May, 2002. Maureen Harris of 13521 Seippel Rd. spoke Terrance M. Duggan, Mayor objecting to the proposed development because Attest: Karen M. Chesterman, Deputy City Clerk of its density and additional traffic, and Cline moved adoption of the Resolution. questioned services for any Section 8 residents. Seconded by Nicholson. Motion carried 7-0. Roseann Schromen, 13782 Seippel Rd., as the immediate northerly property owner, spoke objecting to the project, citing the density of the 208 Regular Session, May 20, 2002 RESOLUTION NO. 267-02 RESOLUTION NO. 268-02 AWARDING CONTRACT RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1-25, INCLUSIVE, OF BLOCK 1 AND Whereas, sealed proposals have been LOT A OF SOUTHERN HILLS SUBDIVISION submitted by contractors for the Education and III IN DUBUQUE COUNTY, IOWA Conference Center– Bid Package #1 pursuant to Resolution No. 224-02 and notice to bidders Whereas, there has been filed with the City published in a newspaper published in the City Clerk a final plat of Lots 1-25, inclusive, of Block th of Dubuque, Iowa on the 19of April, 2002. 1 and Lot A of Southern Hills Subdivision III; and Whereas, said sealed proposals were opened Whereas, the preliminary plat has been th and read on the 9day of May, 2002, and it has examined by the Zoning Advisory Commission been determined that the bid of Kraemer and has its approval endorsed thereon, with the Brothers, LLC of Plain, WI in the amount of waiver of Article IV, Design and Improvement $1,597,000.00 was the lowest bid for the Standards of the Subdivision Regulations, furnishings of all labor and materials and except for Section 41-29; and performing the work as provided for in the plans Whereas, said final plat has been reviewed by and specifications. the City Planner and had her approval endorsed NOW THEREFORE, BE IT RESOLVED BY thereon; and THE CITY COUNCIL OF THE CITY OF Whereas, said final plat has been examined by DUBUQUE, IOWA: the City Council and they find that it conforms to That the contract for the above improvement the statutes and ordinances relating thereto. be awarded to Kraemer Brothers, LLC and the NOW THEREFORE, BE IT RESOLVED BY Manager be and is hereby directed to execute a THE CITY COUNCIL OF THE CITY OF contract on behalf of the City of Dubuque for the DUBUQUE, IOWA: complete performance of the work. Section 1. That the City Council hereby waives BE IT FURTHER RESOLVED: Article IV, Design and Improvement Standards That upon the signing of said contract and the of the Subdivision Regulations, except Section approval of the contractor’s bond, the City 42-19, Lots and Blocks. Treasurer is authorized and instructed to return Section 2. That the final plat of Lots 1-25, the bid deposits of the unsuccessful bidders. Inclusive, of Block 1 and Lot A of Southern Hills th Passed, approved and adopted this 20 day of Subdivision III is hereby approved and the May, 2002. Mayor and City Clerk are hereby authorized and Terrance M. Duggan, Mayor directed to endorse the approval of the City of Attest: Karen M. Chesterman, Deputy City Clerk Dubuque, Iowa, upon said subdivision plat. Cline moved adoption of the Resolution. Passed, approved and adopted this 20th day Seconded by Nicholson. Motion carried 7-0. of May 2002. Terrance M. Duggan, Mayor Buol moved to reinstate the rules limiting Attest: Karen M. Chesterman, Deputy City Clerk discussion to the Council. Seconded by Cline. Markham moved adoption of the Resolution. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. ACTION ITEMS Purchase of Real Estate for Stormwater Detention: City Manager recommending Stormwater RFP Consultant Selection: City approval of the purchase of a home located on nd Manager recommending that the team of Camp West 32 Street for $99,000 and that the Dresser & McKee, working with WHKS & property be utilized as part of the expansion of nd Company, be retained to formulate and assist in the 32 Street Detention Cell, presented and the implementation of the Stormwater Utility for read. Cline moved that the communication be the City of Dubuque, presented and read. Cline received and filed and approved moved that the communication be received and recommendation. Seconded by Michalski. filed and approved recommendation. Seconded Motion carried 7-0. by Buol. Carried by the following vote: Yeas— Buol, Cline, Connors, Markham, Michalski, Code of Ordinances – Town Clock Plaza: City Nicholson. Nays—Duggan. Manager recommending changes to the Code of Ordinances to delete references to Town Clock Southern Hills Subdivision III – Final Plat: City Plaza in various sections of the Code, presented Manager recommending approval of the final and read. Buol moved that the communication plat of Lots 1 – 25, inclusive, of Block 1 and Lot be received and filed. Seconded by Cline. A of Southern Hills Subdivision III, presented Carried by the following vote: Yeas—Buol, and read. Markham moved that the Cline, Connors, Markham, Michalski, Nicholson. communication be received and filed. Seconded Nays—Duggan. by Cline. Motion carried 7-0. Regular Session, May 20, 2002 209 An Ordinance Repealing Ordinance No. 37-71 Sec. 225-26. Live vegetation. Live vegetation Designating and naming portions of certain such as trees shall not be used for support of rights-of-way “Town Clock Plaza”; amending the overhead conductor spans. However, upon City of Dubuque Code of Ordinances by application to the city manager and upon such repealing Section 9-19 Prohibiting riding a terms and conditions as the city manager shall bicycle in Town Clock Plaza; by amending require, trees in Washington Park may be used Section 18-2 225-26 Prohibiting the use of live for temporary decorative lighting from November vegetation for support of overhead conductor 1 until January 15 of the following year. spans except in Town Clock Plaza by deleting Exception: For temporary wiring in accordance the reference to Town Clock Plaza; by repealing with Article 3 Chapter 31 Article VII Town Clock Plaza Section 4. City of Dubuque Code of prohibiting certain uses of Town Clock Plaza Ordinances Chapter 31, Article VII Town Clock without a lease; by amending Section 32-250(a) Plaza, prohibiting certain uses of Town Clock prohibiting certain nonmotorized vehicles in Plaza without a lease therefore, is hereby Town Clock Plaza and other places by deleting repealed. the reference to Town Clock Plaza; and by Section 5. City of Dubuque Code of repealing Section 35-27 exempting Town Clock Ordinances Sec. 32-250(a) Use Of Certain Non- Plaza from the requirement for certain business motorized Vehicles, Conveyances And licenses, presented and read. Equipment On Town Clock Plaza, And In Certain Other Places In The City is amended to read as follows: OFFICIAL PUBLICATION Sec. 32-250. Use of Certain Nonmotorized ORDINANCE NO. 39-02 Vehicles, Conveyances And Equipment in AN ORDINANCE REPEALING ORDINANCE Municipal Parking Garages or Lots NO. 37-71 DESIGNATING AND NAMING a) No person shall be upon and make use of PORTIONS OF CERTAIN RIGHTS-OF-WAY roller skates, skateboards, bicycles, or other “TOWN CLOCK PLAZA”; AMENDING THE wheeled recreational vehicles, or conveyances CITY OF DUBUQUE CODE OF ORDINANCES within any Municipal parking garage or Municipal BY REPEALING SECTION 9-19 PROHIBITING parking lot. RIDING A BICYCLE IN TOWN CLOCK PLAZA; This provision shall not apply to use of a BY AMENDING SECTION 18-2 225-26 wheelchair or other similar conveyance when PROHIBITING THE USE OF LIVE VEGE- used for transportation by any temporarily or TATION FOR SUPPORT OF OVERHEAD permanently disabled person, or to a wagon CONDUCTOR SPANS EXCEPT IN TOWN being pulled by a pedestrian at a walking speed. CLOCK PLAZA BY DELETING THE Section 6. City of Dubuque Code of REFERENCE TO TOWN CLOCK PLAZA; BY Ordinances Sec. 35-27 Town Clock Plaza, REPEALING CHAPTER 31 ARTICLE VII providing for general business license TOWN CLOCK PLAZA PROHIBITING requirements but exempting Town Clock Plaza, CERTAIN USES OF TOWN CLOCK PLAZA is hereby repealed. WITHOUT A LEASE; BY AMENDING Passed, approved and adopted this 20th day SECTION 32-250(a) PROHIBITING CERTAIN of May, 2001. NONMOTORIZED VEHICLES IN TOWN Terrance M. Duggan, Mayor CLOCK PLAZA AND OTHER PLACES BY Attest: Karen M. Chesterman, Deputy City Clerk DELETING THE REFERENCE TO TOWN Published officially in the Telegraph Herald CLOCK PLAZA; AND BY REPEALING th newspaper this 25 day of May, 2002. SECTION 35-27 EXEMPTING TOWN CLOCK Karen M. Chesterman, Deputy City Clerk PLAZA FROM THE REQUIREMENT FOR 1t 5/25 CERTAIN BUSINESS LICENSES. Buol moved that the requirement that a NOW, THEREFORE, BE IT ORDAINED BY proposed Ordinance be considered and voted THE CITY COUNCIL OF THE CITY OF on for passage at two Council Meetings prior to DUBUQUE, IOWA: the meeting at which it is to be finally passed be Section 1. City of Dubuque Ordinance No. 37- suspended and further moved final 71 Designating and Naming Portions of Certain consideration and passage of the Ordinance. Rights-of-Way “Town Clock Plaza” is hereby Seconded by Cline. Carried by the following repealed. vote: Yeas—Buol, Cline, Connors, Markham, Section 2. City of Dubuque Code of Michalski, Nicholson. Nays—Duggan. Ordinances Sec. 9-19. Riding A Bicycle In Town Clock Plaza, is hereby repealed. Interstate Power and Light Company Rate Section 3. City of Dubuque Code of Case: City Manager requesting authorization to Ordinances Sec. 18-2 225-26, prohibiting the hire legal counsel to represent the City of use of live vegetation for support of overhead Dubuque in the Interstate Power and Light conductor spans except trees in Town Clock Company rate case to ensure that the Plaza is amended to read as follows: 210 Regular Session, May 20, 2002 community’s interests are represented, Dubuque Area Chamber of Commerce - presented and read. Michalski moved that the Purchase of Service Agreement: City Manager communication be received and filed and recommending approval of a Purchase of approved the request. Seconded by Cline. Service Agreement with the Dubuque Area Motion carried 7-0. Chamber of Commerce Convention and Visitors Bureau for Fiscal Year 2003 in the amount of Mayor Duggan turned control of the meeting to $475,756 and to provide greater City Council the Mayor Pro-Tem due to possible conflict of involvement in review of the marketing plan and interest. budgeting process for the use of these City Mississippi Valley Truck Center, Inc.: City funds, presented and read. Cline moved that Manager recommending approval of the the communication be received and filed and establishment of the fair market value and approved recommendation. Seconded by commencement of negotiations for property in Michalski. Motion carried 7-0. the Port of Dubuque, presented and read. Cline moved that the proof be received and filed. Fourth Street Parking Ramp Rates: City Seconded by Nicholson. Motion carried 6-0. Manager recommending approval of the parking rate fees for both monthly contract parking and RESOLUTION NO. 269-02 hourly rates for the Fourth Street Parking Ramp, ESTABLISHING FAIR MARKET VALUE FOR presented and read. Michalski moved that the THE ACQUISITION OF CERTAIN REAL communication be received and filed and PROPERTY OWNED BY MISSISSIPPI approved recommendation. Seconded by VALLEY TRUCK CENTER, INC. Nicholson. Carried by the following vote: WHEREAS, the City of Dubuque (City) intends Yeas—Buol, Connors, Duggan, Markham, to acquire certain real property owned by Michalski, Nicholson. Nays—Cline. Mississippi Valley Truck Center, Inc., legally described on Exhibit A attached hereto (the Community Partnership (cp2) Program – Property); Fiscal Year 2003 Recommendation: City AND WHEREAS, Iowa law requires that City Manager recommending approval of the must make a good faith effort to negotiate with allocation of Fiscal Year 2003 Community the owner to purchase the Property or any Partnership Program funds to the Gannon property interest before proceeding with Center ($18,500), Hillcrest Family Services condemnation; ($50,000), Northeast Iowa School of Music AND WHEREAS, City may not make an offer ($17,305) and Scenic Valley Agency on Aging to purchase the Property which is less than the ($20,000), presented and read. Cline moved that fair market value City has established for the the proof be received and filed. Seconded by Property; Nicholson. Motion carried 7-0. AND WHEREAS, City has caused an RESOLUTION NO. 270-02 appraisal of the Property to be made and the RESOLUTION AUTHORIZING THE AWARD appraised value of the Property is $ 442,669. OF COMMUNITY PARTNERSHIP PROGRAM AND WHEREAS, the City Council now desires (cp2) FUNDS FOR FISCAL YEAR 2003. to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY Whereas, under the provisions of Title I of the THE CITY COUNCIL OF THE CITY OF Housing and Community Development Act of DUBUQUE, IOWA AS FOLLOWS: 1974, as amended, the City of Dubuque has 1. The fair market value of the Property is received Community Development Block Grant hereby established to be $442,669. (CDBG) funds for the development and 2. The City Manager and the Corporation maintenance of a viable urban community Counsel are hereby authorized to commence through the provision of decent housing, a negotiations with Mississippi Valley Truck suitable living environment and expanded Center, Inc. and any other interested parties for economic opportunities for its residents, the purchase of the Property for a purchase particularly those persons of low and moderate price which is not less than the fair market value income; and established by this Resolution. Whereas, the Community Partnership Program th Passed, approved and adopted this 20 day of (cp2) was developed in the City of Dubuque in May, 2002. response to the national goals and objectives of Ann E. Michalski, Mayor Pro-Tem the CDBG program; and Attest: Karen M. Chesterman, Deputy City Clerk Whereas, guidelines for the implementation of Cline moved adoption of the Resolution. the Community Partnership Program (cp2) were Seconded by Nicholson. Motion carried 6-0. approved and amended by the City Council. The Mayor returned and took control of the NOW, THEREFORE, BE IT RESOLVED BY meeting. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, May 20, 2002 211 DEVELOPMENT DISTRICT WITH A PR Section 1. That the City Council hereby PLANNED RESIDENTIAL DESIGNATION. awards Community Partnership Program (cp2) monies to the following organizations. The NOW, THEREFORE, BE IT ORDAINED BY award shall consist of a grant to the organization THE CITY COUNCIL OF THE CITY OF for the identified project and shall be for the DUBUQUE, IOWA: amount noted below:Section 1. Appendix A (the Zoning Ordinance) Gannon Center of the City of Dubuque Code of Ordinances is Mental Health Outpatient Services $18,500 hereby amended by amending the conceptual Hillcrest development plan for hereinafter described HOPES project $50,000 property located at the east end of Raven Oaks NE Iowa School of Music Drive and currently zoned PUD Planned Unit Kindermusik $17,395 Development District with a PR Planned Scenic Valley Agency on Aging Residential designation, and adopting a new Assistive Devices for Elderly $20,000 conceptual development plan, a copy of which is Total $ $105,895attached to and made a part hereof, for Arbor Section 2. That the City Manager is and he is Glen Apartments as stated below, to wit: hereby authorized to develop and execute All of Oak Brook Development and all of Oak contracts with representatives from the Brook Townhouses, and to the centerline of the aforementioned organizations in accordance adjoining public right-of-way, all in the City of with the program guidelines established for the Dubuque, Iowa. Community Partnership Program and with the Section 2. Pursuant to Iowa Code Section regulations of the Community Development 414.5 (1993), and as an express condition of the Block Grant Program. reclassification, the undersigned property Section 3. That upon execution of said owner(s) agree(s) to the following conditions, all contracts, the City Manager is hereby authorized of which the property owner(s) further agree(s) and directed to disburse program funds in are reasonable and imposed to satisfy the public support of the approved projects and in needs that are caused directly by the zoning accordance with the terms and conditions reclassification: established in said contracts. A. Use Regulations. th Passed, approved and adopted this 20 day of The following regulations shall apply to all uses May, 2002. made of land in the above-described PUD Terrance M. Duggan, Mayor District: Attest: Karen M. Chesterman, Deputy City Clerk 1) Principal permitted uses shall be limited to Cline moved adoption of the Resolution. a 64 apartment units and a community center. Seconded by Nicholson. Motion carried 7-0. 2) Accessory uses shall include any use customarily incidental and subordinate to the Mayor Duggan turned control of the meeting to principal use it serves. the Mayor Pro-Tem due to possible conflict of B. Lot and Bulk Regulations. interest. Development of land in the PUD District shall be MWF Properties / Felderman Business regulated as follows: Partnership – Amend PUD (First Reading on 1) The proposed apartment development shall 4/15/02; Second Reading on 5/6/02): be constructed in substantial compliance with An Ordinance Amending Appendix A (the the attached conceptual development plan. Zoning Ordinance) of the City of Dubuque Code 2) Maximum building height shall be 30 feet. of Ordinances by amending the Conceptual C. Performance Standards. Development Plan for property located at the The development and maintenance of uses in end of Raven Oaks Drive and currently zoned this PUD District shall be established in PUD Planned Unit Development District with a conformance with Section 3-5.5 of the Zoning PR Planned Residential Designation, said Ordinance and the following standards: Ordinance having been presented and read on 1) Raven Oaks Drive shall be extended and a 4/15/02 and 5/6/02, now presented for final cul-de-sac constructed in accordance with City action. standards and specifications. 2) Adequate erosion control shall be provided OFFICIAL PUBLICATION during all phases of construction. ORDINANCE NO. 40-02 3) Off-street parking shall be provided as AN ORDINANCE AMENDING APPENDIX A shown on the approved conceptual plan. (THE ZONING ORDINANCE) OF THE CITY OF 4) Sidewalks shall be provided adjoining all DUBUQUE CODE OF ORDINANCES BY public streets. AMENDING THE CONCEPTUAL DEVELOP- 5) Storm water control facilities will be MENT PLAN FOR PROPERTY LOCATED AT installed as per City Engineering requirements. THE END OF RAVEN OAKS DRIVE AND 6) Final site development plans shall be CURRENTLY ZONED PUD PLANNED UNIT submitted in accordance with Section 4-4 of the 212 Regular Session, May 20, 2002 Zoning Ordinance prior to construction of any Dated this 14th day of April, 2002. buildings. Felderman Business Associates, D. Open Space and Recreational Areas an Iowa Partnership Open space and landscaping in the PUD District /s/ Jack Felderman, shall be regulated as follows: Authorized Signatory Those areas not designated on the conceptual Dubuque Lumber Company, an Iowa development plan shall be maintained as open Corporation space, as defined by Section 8 of the Zoning /s/ Tom Tully, Ordinance by the property owner and/or Its President association. /s/ Milton A. Avenarius, Individually E. Sign Regulations. /s/ Janet O. Avenarius, Individually Signs in the PUD District shall be regulated in MWF Properties accordance with the R-3 sign regulations of the /s/ David Steele Zoning Ordinance. Its Authorized Representative F. Transfer of Ownership Published officially in the Telegraph Herald th Transfer of ownership or lease of property in newspaper this 24 day of May, 2002. this PUD District shall include in the transfer or Karen M. Chesterman, Deputy City Clerk lease agreement a provision that the purchaser 1t 5/24 or lessee acknowledges awareness of the Markham moved further moved final conditions authorizing the establishment of the consideration and passage of the Ordinance. district. Seconded by Connors. Carried by the following G. Reclassification of Subject Property. vote: Yeas—Connors, Markham, Michalski, The City of Dubuque, Iowa, may initiate zoning Nicholson. Nays—Buol, Cline. reclassification proceedings to the R-1 Single-Communication from Bob Felderman, Family District in accordance with Section 6 of Continental Realty & Felderman Appraisals, in the Zoning Ordinance if the property owner(s) support of the proposed project; communication fail(s) to complete or maintain any of the from Dominic Goodmann III, in support of the conditions of this ordinance. application of MWF Properties and Felderman H. Modifications. Business Partnership to amend the PUD District Any modifications of this Ordinance must be on Raven Oaks Drive, and petitions in approved by the City Council in accordance with opposition to the proposed rezoning, presented zoning reclassification proceedings of Section 6 and read. Markham moved that the of the Zoning Ordinance. communications and petition be received and I. Recording. filed. Seconded by Connors. Carried by the A copy of this ordinance shall be recorded at following vote: Yeas—Connors, Markham, the expense of the property owner(s) with the Michalski, Nicholson. Nays—Buol, Cline. Dubuque County Recorder as a permanent record of the conditions accepted as part of this Mayor Duggan returned and took control of the reclassification approval within ten (10) days meeting. after the adoption of this ordinance. This th ordinance shall be binding upon the undersigned Expansion of Parking Meter District on 8 and his/her heirs, successors and assigns. Street and Main Street (First Reading on Section 3. The foregoing amendment has 5/6/02): heretofore been reviewed by the Zoning An Ordinance Amending Section 32-336 of the Commission of the City of Dubuque, Iowa. City of Dubuque Code of Ordinances, Section 4. The foregoing amendment shall establishing the Municipal Parking Meter District take effect upon publication, as provided by law. by adding both sides of Eighth Street from Main Passed, approved and adopted this 20th day of Street to Locust Street and both sides of Main May, 2002.Street from Fifth Street to Ninth Street, said Ann E. Michalski, Mayor Pro-Tem Ordinance having been presented and read at Attest: Karen M. Chesterman, Deputy City Clerk the Council Meeting of 5/6/02, now presented for ACCEPTANCE OF ORDINANCE NO. 40-02 further action. Buol moved that the requirement We, Jack Felderman, representing Felderman that a proposed Ordinance be considered and Business Associates, Tom Tully, representing voted on for passage at two Council Meetings Dubuque Lumber Company, Milton A. Avenarius prior to the meeting at which it is to be finally and Janet O. Avenarius, as property owners, passed be suspended and further moved final and David Steele, representing the applicant consideration and passage of the Ordinance. (contract purchaser), MWF Properties, having Seconded by Nicholson. Vote on the motion read the terms and conditions of the foregoing was as follows: Yeas—Buol, Cline, Connors, Ordinance No. 40- 02 and being familiar with the Markham, Nicholson. Nays—Michalski, Duggan. conditions thereof, hereby accept the same and Motion failed due to lack of 3/4 vote. agree to the conditions required therein. Regular Session, May 20, 2002 213 Nicholson then moved that this be considered certified copy of this resolution in the office of the second reading of the Ordinance. Seconded the Recorder, in and for Dubuque County, Iowa. th by Markham. Carried by the following vote: Passed, approved and adopted this 20 day of Yeas—Buol, Cline, Connors, Markham, May, 2002. Nicholson. Nays—Michalski, Duggan. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk COUNCIL MEMBER REPORTS Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager Van Milligen shared the fact that Nicholson’s National League of Cities’ An Ordinance Vacating Helena Street and a Information, Technology & Communications portion of Henion Street, presented and read. Steering Committee members from all over the United States were in Dubuque for a recent OFFICIAL PUBLICATION meeting and that he had given the Dubuque ORDINANCE NO. 41-02 2005 powerpoint presentation. The Eugene, OR ORDINANCE VACATING HELENA STREET Council Member Nancy Nathanson was so AND A PORTION OF HENION STREET impressed she shared the presentation with her Whereas, Loras College has requested the City Council. vacating of Helena Street and a portion of Henion Street; and, ITEMS TO BE SET FOR PUBLIC HEARING Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council Loras College – Request to Vacate: City a plat showing the vacated Helena Street and a Manager recommending that a public hearing be portion of Henion Street and assigned lot set for June 3, 2002 to consider a request from numbers thereto, which hereinafter shall be Loras College to vacate Helena Street and a known and described as Lots 1A and 2A of portion of Henion Street, presented and read. Hodgdon’s Subdivision, in the City of Dubuque, Michalski moved that the communication be Dubuque County, Iowa; and, received and filed. Seconded by Nicholson. Whereas, the City Council of the City of Motion carried 7-0. Dubuque, Iowa has determined that Helena Street and a portion of Henion Street is no RESOLUTION NO. 271-02 longer required for public use, except for utility RESOLUTION APPROVING PLAT OF PRO- easements as noted, and vacating of said POSED VACATED HELENA STREET AND A Helena Street and a portion of Henion Street PORTION OF HENION STREET known as Lots 1A and 2A of Hodgdon’s Whereas, there has been presented to the City Subdivision in the City of Dubuque, Dubuque Council of the City of Dubuque, Iowa, a plat County, Iowa should be approved. dated May 3, 2002, prepared by IIW Engineers NOW THEREFORE, BE IT RESOLVED BY & Surveyors, P.C., describing the proposed THE CITY COUNCIL OF THE CITY OF vacated Helena Street and a portion of Henion DUBUQUE, IOWA: Street; and, Section 1. That the real estate described as Whereas, said plat conforms to the laws and Lots 1A and 2A of Hodgdon’s Subdivision in the statutes pertaining thereto. City of Dubuque, Iowa, be and the same is NOW THEREFORE, BE IT RESOLVED BY hereby vacated. THE CITY COUNCIL OF THE CITY OF Section 2. The City of Dubuque reserves unto DUBUQUE, IOWA: itself a perpetual easement including the right of Section 1. That the plat dated May 3, 2002, ingress thereto, for the purpose of erecting, prepared by IIW Engineers and Surveyors, P.C., installing, constructing, reconstructing, repairing, relative to the real estate hereinabove described owning, operating, and maintaining water, be and the same is hereby approved, and the sewer, drainage, gas, telephone, t.v. cable, and Mayor and City Clerk be and they are hereby electric lines as may be authorized by the City of authorized and directed to execute said plat for Dubuque, Iowa. th and on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 20 day of Section 2. The City of Dubuque reserves unto May, 2002. itself a perpetual easement including the right of Terrance M. Duggan, Mayor ingress and egress thereto, for the purpose of Attest: Karen M. Chesterman, Deputy City Clerk erecting, installing, constructing, reconstructing, Published officially in the Telegraph Herald th repairing, owning, operating, and maintaining newspaper this 25 day of May, 2002. water, sewer, drainage, gas, telephone, t.v. Karen M. Chesterman, Deputy City Clerk cable, and electric lines as may be authorized by 1t 5/25 the City of Dubuque, Iowa. Michalski moved that the requirement that a Section 3. That the City Clerk be and is hereby proposed Ordinance be considered and voted authorized and directed to file said plat and on for passage at two Council Meetings prior to 214 Regular Session, May 20, 2002 the meeting at which it is to be finally passed be in the manner prescribed by law. Seconded by suspended and further moved final Nicholson. Motion carried 7-0. consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. South Fork Phase III – Acceptance and Connection Fees: City Manager recommending RESOLUTION NO. 272-02 acceptance of the South Fork Sanitary Sewer RESOLUTION OF INTENT TO DISPOSE OF Extension Project – Phase III in the final contract CITY INTEREST IN LOTS 1A AND 2A OF amount of $613,467.99 and that a public hearing HODGDON’S SUBDIVISION IN THE CITY OF be set for June 17, 2002 on the establishment of DUBUQUE, IOWA connection fees, presented and read. Whereas, Loras College has requested the Michalski moved that the communication be vacating of Helena Street and a portion of received and filed. Seconded by Nicholson. Henion Street; and, Motion carried 7-0. Whereas, IIW Engineers & Surveyors, P.C., RESOLUTION NO. 273-02 has prepared and submitted to the City Council ACCEPTING THE PUBLIC IMPROVEMENT TO a plat showing the vacated Helena Street and a THE SOUTH FORK SANITARY SEWER portion of Henion Street and assigned lot PROJECT – PHASE III numbers thereto, which hereinafter shall be known and described as Lots 1A and 2A of Whereas, the contract for the South Fork Hodgdon’s Subdivision in the City of Dubuque, Sanitary Sewer Project – Phase III has been Dubuque County, Iowa; and, completed and the City Manager has examined Whereas, the City Council of the City of the work and filed his certificate stating that the Dubuque, Iowa has determined that Helena same has been completed according to the Street and a portion of Henion Street is no terms of the contract, plans and specifications longer required for public use, except for utility and recommends its acceptance. easements as noted, and vacating and sale of NOW THEREFORE, BE IT RESOLVED BY said portions of alleys and streets known as Lots THE CITY COUNCIL OF THE CITY OF 1A and 2 A of Hodgdon’s Subdivision in the City DUBUQUE, IOWA: of Dubuque, Dubuque County, Iowa should be Section 1. That the recommendation of the approved. City Manager be approved and that said NOW THEREFORE, BE IT RESOLVED BY improvement be and the same is hereby THE CITY COUNCIL OF THE CITY OF accepted. DUBUQUE, IOWA: Section 2. That the City Treasurer be and is Section 1. That the City of Dubuque intends to hereby directed to pay to the contractor from the dispose of its interest in Lots 1A and 2A of General Fund an amount equal to the amount of Hodgdon’s Subdivision in the City of Dubuque, the contract, less any retained percentage Iowa. provided for therein. th Section 2. That the conveyance of Lots 1A and Passed, approved and adopted this 20 day 2A of Hodgdon’s Subdivision in the City of of May, 2002. Dubuque, Iowa to Loras College be contingent Terrance M. Duggan, Mayor upon the payment of $13,130.00, plus platting, Attest: Karen M. Chesterman, Deputy City Clerk publication and filing fees. Michalski moved adoption of the Resolution. Section 3. The City of Dubuque reserves unto Seconded by Nicholson. Motion carried 7-0. itself a perpetual easement including the right of RESOLUTION NO. 274-02 ingress and egress thereto, for the purpose of FINAL COST OF THE IMPROVEMENT TO erecting, installing, constructing, reconstructing, THE SOUTH FORK SANITARY SEWER repairing, owning, operating, and maintaining PROJECT – PHASE III water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by Whereas, the contract for the South Fork the City of Dubuque, Iowa. Sanitary Sewer Project – Phase III has been Section 4. That the City Clerk be and is hereby completed and the City Engineer has submitted authorized and directed to cause a notice of his statement showing the cost thereof including intent to dispose of said real estate to be the cost of estimates, notices and inspection and published in the manner as prescribed by law. all miscellaneous costs. Passed, approved and adopted this 20th day NOW THEREFORE, BE IT RESOLVED BY of May, 2002. THE CITY COUNCIL OF THE CITY OF Terrance M. Duggan, Mayor DUBUQUE, IOWA: Attest: Karen M. Chesterman, Deputy City Clerk That the cost of said improvement is hereby Michalski moved adoption of the Resolution determined to be $613,467.99. with public hearing set for 6/3/02 at a meeting to Passed, approved and adopted this 20th day commence at 6:30 P.M. in the public library of May, 2002. auditorium and that the City Clerk publish notice Terrance M. Duggan, Mayor Regular Session, May 20, 2002 215 Attest: Karen M. Chesterman, Deputy City Clerk the connection fees at the address as shown by Michalski moved adoption of the Resolution. the records of the County Auditor. th Seconded by Nicholson. Motion carried 7-0. Passed, approved and adopted this 20 day of May, 2002. RESOLUTION NO. 275-02 Terrance M. Duggan, Mayor RESOLUTION PROVIDING FOR NOTICE OF Attest: Karen M. Chesterman, Deputy City Clerk THE DATE, TIME AND PLACE OF A PUBLIC Michalski moved adoption of the Resolution HEARING ON AN ORDINANCE ESTAB- and set this for public hearing on 6/17/02 at a LISHING THE SOUTH FORK SANITARY meeting to commence at 6:30 P.M. in the public SEWER PROJECT – PHASE III AND A library auditorium and that the City Clerk publish SCHEDULE OF CONNECTION FEES notice in the manner prescribed by law.. Whereas, the City Council of the City of Seconded by Nicholson. Motion carried 7-0. Dubuque, Iowa, proposes to establish, by Ordinance after notice of a public hearing, the At 8:37 P.M. Buol moved to go into Closed South Fork Sanitary Sewer Project – Phase III Session: re: Property Acquisition – Chapter and to provide a schedule of connection fees 21.5(1)(j) 2001 Code of Iowa. Seconded by therefor; and Michalski. Motion carried 7-0. Whereas, Iowa Code Section 384.38(3) requires notice and a public hearing on such At 9:08 P.M. Council reconvened Regular Ordinance; and Session stating that Staff had been given proper NOW, THEREFORE, BE IT RESOLVED BY direction. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: There being no further business, Cline moved Section 1. The City Clerk is hereby authorized to adjourn. Seconded by Michalski. Motion and directed to publish notice of the date, time carried 7-0. The meeting adjourned at 9:09 P.M. and place of the hearing on said proposed Ordinance, which hearing shall be on June 17, /s/ Karen M. Chesterman 2002 at 6:30 p.m. in the Public Library Deputy City Clerk Auditorium in the City of Dubuque, Iowa, such 1t 5/29 publication to be once each week for two consecutive weeks in the manner provided by Section 362.3, the first publication of which shall Approved:__________________________2002 not be less than ten (10) days before the date of the hearing. Adopted:___________________________2002 Section 2. The notice shall be in substantially the following form: Notice To Property Owners ______________________________________ Notice is given that there is now on file for Mayor public inspection in the office of the Clerk of the City of Dubuque, City Hall, Dubuque, Iowa, a ______________________________________ proposed Ordinance establishing the South Fork Sanitary Sewer Project – Phase III and providing ______________________________________ for connection fees. The Council will meet at 6:30 p.m. on June 17, ______________________________________ 2002, at the Public Library Auditorium, 360 West th 11 Street, in the City of Dubuque, Iowa, at ______________________________________ which time the owners of property subject to connection fees in the South Fork Sanitary ______________________________________ Sewer Project – Phase III or any other person having an interest in the matter may appear and ______________________________________ be heard for or against the establishment of the Council Members District, or the schedule of connection fees. A person subject to such connection fees will be Attest: deemed to have waived all objections unless at the time of hearing, the person has filed ______________________________________ objections with the Clerk. City Clerk Section 3. Not less than fifteen (15) days before the hearing, the Clerk shall also send a copy of the notice by mail to each property owner whose property will be served by connection to said City sewer and be subject to