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1997 February Council ProceedingsRegular Session, February 3, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 3, 1997 Council met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Jim Cummings, Pastor of First Baptist Church. Proclamation: Extending "Year of the Ox" wishes to our Sister City, Han Dan, China received by Dick Landis who is requesting funding to publish greetings. Upon consensus it was resolved to approve the necessary funding from the Sister City Budget. MINUTES SUBMITTED -- Airport Commission of 12-12-96 & 12-30-96; Library Board of Trustees of 12-19-96; Five Flags Commission of 12-20-97; Human Rights Commission of 12-9-96; Investment Oversight Advisory Commission of 1-16-97; Investment Oversight Commission submitting their quarterly report; Park & Recreation Commission of 1-14; Zoning Advisory Commission of 1-18-97; Zoning Board of Adjustment of 1-23-97, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Michalski. Motion carried 7- 0. Finance Director submitting Financial Reports for month of December, 1996; Dubuque Racing Association, LTD. submitting the Financial Statements for year ending November 30, 1996 (Copy of report on file in City Clerk's office); Swiss Valley Farms, Co., submitting the audit report for fiscal year ending September 30, 1996 (Copy of report on file in City Clerk's Office); Proofs of Publication on publishing Council Proceedings for 12-23-96 & 1-6-97, presented and read. Council Member Voetberg moved that the reports, financial statements and proofs be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Printed Council Proceedings for the months of January, February, March and April, 1996, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Michalski. Motion carried 7-0. NOTICES OF CLAIMS/SUITS -- Valerie H. Mueller in unknown amount for property damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Michalski. Motion carried 7-0. Corporation Counsel advising following claims were referred to Crawford & Company, the agent for the Iowa Communities Assurance Pool: Personal injury of Anne Homberg, Car damage of Tina Kelly, Car damage of Katherine B. Rennison and Car damage of Anne M. Woods, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Human Rights Commission advising they have entered into a mediation process and have come to a successfully resolution regarding request that Commissioner Marty O'Shea be removed from the Commission, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. KDTH/KATF Radio and Dubuque Jaycees requesting permission to conduct a fireworks display on Thursday, July 3, 1997 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets, presented and read. Council Member Voetberg moved that the request be approved subject to implementation of the City Manager. Seconded by Council Member Michalski. Motion carried 7-0. Canadian Pacific Railway submitting information pursuant to the requirements of the Workers Adjustment and Retraining Notification Act as it applies to Soo Line employees, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. December 17, 1996 In accordance with Chapter 400 of the 1995 Code of Iowa, the Civil Service Commission conducted written promotional examinations on November 12 and 13, 1996 for the positions of POLICE CAPTAIN, POLICE CORPORAL AND POLICE LIEUTENANT. We hereby certify that the following members of the Police Department have Regular Session, February 3, 1997 passed these written promotional examinations and promotion for the positions should be made from the appropriate lists. This is the first list for each position being certified. POLICE CAPTAIN Michael Sullivan Robert Flannery John Stevens Jeffrey Pillard Robert Prine Scott Crabill Terrence Tobin Larry Verdick Thomas Schaefer Paula Gieseman Thomas D. Parker POLICE CORPORAL Michael Rettenmeier Russell Stecklein Cory Sommer Steven Eastvedt Forest Trausch James Lembke Kurt Horch Shane O'Brien Mark Da!sing POLICE LIEUTENANT Steven Eastvedt Neil Weiss Russell Stecklein Eric Schneider Edward Baker Daniel Sabers Scott Crabill Cory Sommer Robert Flannery Dennis Strumberger Michael Rettenmeier Jeffrey Pillard Respectfully submitted, /s/ Merle J. Duehr Jr. /s/ Tom Rawson Civil Service Commission Council Member Voetberg moved that the above Civil Service certification be made a matter of record. Seconded by Council Member Michalski. Motion carried 7-0. City Manager recommending execution of an agreement with Cottingham and Butler for their continued administration of the City's worker compensation program, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Michalski. Motion carried 7- 0. City Manager recommending execution of the Administrative Services and Financial Agreement for the Delta Dental Plan, which is a part of the employee benefit package, presented and read. Council Member Voetberg moved that the communication be received and filed and approved. Seconded by Council Member Michalski. Motion carried 7-0. City Manager recommending continuation of a grant with Iowa Department of Public Health for the Childhood Lead Poisoning Prevention Grant, presented and read. Council Member Voetberg moved that the communication be received and filed and approved continuation. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting Council approval to serve on the Board of the newly formed Grand Opera House Foundation, presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Michalski. Motion carried 7- 0. City Manager requesting that Housing Services Manager David Harris be the city representative to serve on the National Organization on Disability (NOD), presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Michalski. Motion carried 7-0. Attorney Leo McCarthy requesting approval to release City Series 1979 liens on the Dubuque Medical Arts Building Clinic Revenue Bonds, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 52-97 RESOLUTION APPROVING RELEASE OF LOAN AGREEMENT MORTGAGE/INDENTURE OF TRUST, AND UCC -4 TERMINATION STATEMENT, RE IOWA MEDICAL CLINIC REVENUE BONDS, SERIES 1979 DUBUQUE MEDICAL ARTS BUILDING. Whereas, City of Dubuque, Iowa, Issuer, and Dubuque Medical Arts Building, an Iowa Partnership, entered into a Loan Agreement/Mortgage/Indenture of Trust dated November 1, 1979 in the amount of $1,425,000.00, which Loan Agreement/Mortgage/Indenture of Trust was filed for record on November 20, 1979, Instrument #10245-79 of the records of Dubuque County, Iowa. Whereas, City of Dubuque, Iowa, Issuer, assigned the said Loan Agreement/Mortgage/Indenture of Trust with Dubuque Medical Arts Building to The First National Bank of Dubuque, the Assignment being dated November 1, 1979, filed for record November 20, 1979, Instrument #10246-79 of the records of Dubuque County, Iowa; Whereas, City of Dubuque, Iowa, Mortgagee, entered into a Collateral Real Estate Mortgage dated November 1, 1979, with The Finley Hospital, Mortgagor, which mortgage was filed for record on November 20, 1979, as Instruct No. 1247-79 of the records of Dubuque County, Iowa; and the City of Dubuque, Iowa, assigned the said Collateral Real Estate Mortgage to The First National Bank of Dubuque by Assignment dated November 1, 1979, filed for record November 20, 1979, Instrument #10248-79 of the records of Dubuque County, Iowa; Whereas, Dubuque Medical Arts Building, an Iowa General Partnership, as Debtor, executed UCC -2 Financing Statement to City of Dubuque, Iowa, which financing statement was filed for record November 20, 1979, Instrument #10251-79 of the records of Dubuque County, Iowa; Whereas, all of such documents were issued to secure the issuance of bonds in the amount of $1,425,000.00 known as Iowa Medical Clinic Revenue Bonds, (Dubuque Medical Arts Building Project) Series 1979, and the bonds have been redeemed, paid off, satisfied and discharged in full; Regular Session, February 3, 1997 Whereas, the City Council believes it is in the best interest of all parties to approve the requested release of Loan Agreement/Mortgage/Indenture of Trust, Release of Collateral Real Estate Mortgage and the UCC -4 Termination of the UCC -2 Financing Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Release of Loan Agreement/Mortgage/Indenture of Trust attached hereto is hereby approved. Section 2. That the Release of Collateral Real Estate Mortgage attached hereto is hereby approved. Section 3. That the UCC -4 Termination Statement is hereby approved. Section 4. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, the attached Release of Loan Agreement/Mortgage/Indenture of Trust, Release of Collateral Real Estate Mortgage, and UCC -4 Termination Statement. Section 5. That the City Clerk is hereby authorized and directed to have a copy of the executed Release of Loan Agreement/Mortgage/Indenture of Trust, Release of Collateral Real Estate Mortgage, and UCC -4 Termination Statement recorded in the records of the Office of the Recorder of the County of Dubuque, Iowa. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting Council approval to Chair the United Way 1997-98 Campaign, presented and read. Council Member Voetberg moved that the communication be received and filed and request approved. Seconded by Council Member Michalski. Motion carried 7-0. City Manager advising the City's quarterly newsletter, City Focus, has received a finalist Award of Merit in the 16th City Hall Public International Awards Competition, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting endorsement to file for RISE Grant for road improvements for Site "F", presented and read. Council Member Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 53-97 A RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR A NEW INTERNAL SITE F INDUSTRIAL PARK STREET, NEW INTERSECTION ACCESS FROM U.S. HIGHWAY 61/151 AND AN IMPROVED LAKE ELEANOR ROAD/HIGHWAY 61/151 INTERSECTION. WHEREAS, the City of Dubuque believes that economic development opportunities require developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and WHEREAS, the City of Dubuque, has purchased 122 acres of industrial development land at the southeast corner of the intersection of U.S. Highway 61/151 and Lake Eleanor Road based on the findings of an industrial park development feasibility study; and WHEREAS, the City of Dubuque, has begun annexation proceedings to incorporate this property into the City's boundaries; and WHEREAS, the improvement of this property requires new primary access to U.S. Highway 61/151, existing Lake Eleanor Road/Highway 61/151 intersection improvements and an internal loop street; and WHEREAS, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) program's Competitive Rating Funding, has monies available for the development of public roadways to support future economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa Department of Transportation for RISE funding to create and improve access to a new Site F Industrial Park. Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use. Section 3. That the City of Dubuque hereby assumes responsibility for and ongoing maintenance of these improvements and ensures that they will be adequately maintained in the future. Section 4. That the City Manager is authorized to sign, on behalf of the City Council, the application for RISE funding. PASSED, APPROVED and ADOPTED this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager submitting additional Legislative issue and authorizing letter to State Legislators, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. Regular Session, February 3, 1997 City Manager recommending acceptance of a warranty deed for a right-of-way purchase on Kelly Lane, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 54-97 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KELLY LANE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Gerald Ihm dated June 4, 1996, pursuant to which Gerald Ihm agreed to convey a part of Lot 2 of Mark Heights in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Gerald Ihm has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Gerald Ihm, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager recommending addendum to agreement with IDOT relating to the paving of two southbound lanes of the Northwest Arterial, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 55-97 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF TRAFFIC SIGNALS AT THE INTERSECTION OF THE NORTHWEST ARTERIAL (U.S. 32) AND CHAVENELLE DRIVE Whereas, the Iowa Department of Transportation is proposing to construct two southbound lanes on the Northwest Arterial (U.S. 32) from U.S. 20 to John F. Kennedy Road in calendar year 1997; and Whereas, Agreement Nos. 96-16-106, 96- A-179, and 96-3-216 with the Iowa Department of Transportation were previously approved by the City Council; and Whereas, the Iowa Department of Transportation has proposed an amendment to said agreements relating to the construction and funding of traffic signals at the intersection of the Northwest Arterial (U.S. 32) and Chavenelle Drive; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said Cooperative Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Iowa Department of Transportation Agreement No. 97-A-078 consisting of a Cooperative Agreement with the Iowa Department of Transportation for the installation and funding of traffic signals at the intersection of the Northwest Arterial (U.S. 32) and Chavenelle Drive be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the Cooperative Agreement and forward the executed copies to the Iowa Department of Transportation. Passed, approved and adopted this 4th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 56-97 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DAYBOOK, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT T.B.T.B Inc. Cedar Cross Amoco +(Sunday Sales) 1010 Cedar Cross Passed, approved and adopted this 3rd day February of 1997. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 57-97 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL) BEER Regular Session, February 3, 1997 & LIQUOR LICENSE Dubuque Inn Corp Dubuque Inn +(Sunday Sales) 3434 Dodge St. CLASS "C" (COMMERCIAL) BEER & LIQUOR LICENSE James W. Goetzinger Goetz's +(Sunday Sales) 2776 Jackson Chi -Chi's Inc. Chi -Chi Mexican Res +(Sunday Sales) 800 Wacker Passed, approved and adopted this 3rd day February of, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. BOARDS AND COMMISSIONS: COMMUNITY DEVELOPMENT COMMISSION: The following applicants were invited to address the Council: Bill Daugherty, Tom Kersch, Thomas Wainwright. Bill Daugherty and Thomas Wainwright spoke. HUMAN RIGHTS COMMISSION: Two 3 - Year terms which will expire 1-1-2000 (terms of R. Maiers & N. Miller). Applicants: Kathy Blau, Joseph Hopkins, Evelyn Jackson, Nancy Miller, Linda Smith and Diane Tekippe. Vote on the appointments was as follows: Mayor Duggan voted for Blau and Tekippe. Council Member Buol voted for Jackson and Miller. Counicl Member Krieg voted for Blau and Miller. Council Member Michalski voted for Blau and Miller. Council Member Nicholson voted for Miller and Tekippe. Council Member Robbins voted for Miller and Smith. Council Member Voetberg voted for Smith and Tekippe. Thus, Nancy Miller reappointed to a three year term which will expire 1-1-2000. A second vote was taken: Mayor Duggan voted for Tekippe. Council Member Buol voted for Jackson. Council Member Krieg voted for Blau. Council Member Michalski voted for Blau. Council Member Nicholson voted for Jackson. Council Member Robbins voted for Smith. Council Member Voetberg voted for Hopkins. There not being a majority, a third vote was taken: Mayor Duggan voted for Tekippe. Council Member Buol voted for Hopkins. Council Member Krieg voted for Smith. Council Member Michalski voted for Blau. Council Member Nicholson voted for Jackson. Council Member Robbins voted for Hopkins. Council Member Voetberg voted for Hopkins. Therefore, Joseph A. Hopkins was appointed for a three year term which will expire 1-1- 2000. Council Member Voetberg moved that the rules be suspended to allow anyone present to address the Council. Seconded by Council Member Robbins. Motion carried 7-0. PUBLIC HEARING DEFERRED FROM COUNCIL MEETING OF 1-20-97: Council Member Nicholson moved that this item be removed from the table. Seconded by Council Member Robbins. Motion carried 7-0. Pat Friedman, representing Wendell Corey, spoke requesting annexation for this property. RESOLUTION NO. 58-97 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA Whereas, Wendell W. Corey, Purchaser, pursuant to an agreement with Plastic Center, Inc., Seller, has voluntarily petitioned for annexation of approximately 107.20 acres of property lying outside the corporate limits of the city of Dubuque, Iowa, to the City of Dubuque, as shown in Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adoption of a resolution after notification as required by State regulations; and Whereas, the future growth and development of the city of Dubuque, Iowa make it desirable that said property be made a part of the city of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the city of Dubuque, Iowa be, and they are hereby extended, to include the property legally described as Lot 2 of Lot 2 of Mineral Lot 459; the southeast quarter of the northeast quarter of Section 17, Township 89 North, Range 2 East; and the southwest quarter of the northeast quarter of Section 17, Township 89 North, Range 2 East in Dubuque County, Iowa. Section 2. That the territory hereby annexed shall become a part of the Second Ward, Eleventh Precinct of the city of Dubuque, Iowa. Section 3. That the City Clerk shall file this Resolution, all Exhibits and the petition for voluntary annexation with the City Development Board of the State of Iowa. The Resolution will not be forwarded to the State of Iowa until such time as Purchaser provides written evidence to the City Clerk of the conveyance of the property from Seller to Purchaser. In the event that Purchaser does not provide such evidence to the City Clerk prior to July 1, 1997, this Resolution shall be null and void. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to reclassify property at 120 Bryant Street from R-2 to C-3 District, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nicholson. Motion carried 7- Regular Session, February 3, 1997 0. An Ordinance Amending Zoning Map by reclassifying property at 120 Bryant Street from R-2 Two -Family Residential District and C-3 General Commercial District to OR Office Residential District (requested by Jerry Holt), said Ordinance having been presented and read at the Council Meeting of 1-20-97, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 10-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 120 BRYANT STREET FROM R-2 TWO- FAMILY RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-2 Two -Family Residential District and C-3 General Commercial District to OR Office Residential District, to wit: Lot 1 of Bryant Hill Subdivision, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1997. 1t 2/10 Mary A. Davis CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to amend Zoning Ordinance by adopting a new Section 4-4.8 in lieu thereof pertaining to required procedures for Site Plan Review, presented and read. Council Member Voetberg moved that the proof be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances by adopting a new Section 4-4-8 in lieu thereof pertaining to required procedures for Site Plan Review, said Ordinance having been presented and read at the Council Meeting of 1-20-97, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 11-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 4-4.8 AND ADOPTING SECTION 4-4.8 IN LIEU THEREOF PERTAINING TO REQUIRED PROCEDURES FOR SITE PLAN REVIEW. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by repealing Section 4-4.8 and adopting the following new Section 4-4.8 in lieu thereof: 4-4.8 Required procedures for site plan review. 1) Applicants for site plan review shall meet with the city planner or the city planner's designee prior to submission of a site plan. The purpose of this meeting is to acquaint the applicant with site development standards and procedures. This meeting shall also serve to allow the applicant to present the scope and nature of the proposed project to the city planner. 2) Following the initial meeting with the city planner or the city planner's designee, the applicant may submit a completed site plan for review. At least four (4) copies are required for all site plan sheets, drawings and written information. The city planner shall submit one (1) copy to the city engineer and one (1) copy the zoning administrator for their permanent records. 3) Within fourteen (14) working days of receiving a site plan, the city planner or the city planner's designee shall notify the applicant of any approval, conditional approval or disapproval. In cases of conditional approval or disapproval, written notification shall be given for the reasons of such action. In those site plans which propose the construction of new streets, driveways, curb cuts and other paved surfaces devoted to vehicular use, the city planner shall first obtain the advice and comment of the city engineer prior to any action. 4) The city planner shall review the site plan for consistency with city planning policies and objectives and compliance with zoning regulations and standards. Development activity shall not commence until the site plan is approved. 5) Site plan approvals are valid for a period of two (2) years from the date of approval. Within this two-year time frame, a building permit must be applied for. The City Planner shall have the authority to grant a maximum of one (1) one-year extension, provided the approved site plan is still in compliance with all current City codes and ordinances. 6) One (1) copy of the approved site plan shall be returned to the applicant. One (1) copy of the approved site plan shall remain in the records of the City Planner. Section 2. This ordinance has heretofore Regular Session, February 3, 1997 been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1997. 1t 2/10 Mary A. Davis CMC, City Clerk Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of public hearing regarding land use and access in the Northwest Arterial Corridor, presented and read. Council Member Michalski moved that they accept the recommendation of Staff and the Long Range Planning Commission and leave Comprehensive Plan as is, with each access requested to be handled at the appropriate time. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Hearing on Plans and Specs. for West 3rd Street Sanitary and Storm Sewer Reconstruction Project, presented and read. Council Member Voetberg moved that the proof be received and fled. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 59-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of January, 1996, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the West 3rd Street Sanitary and Storm Sewer Reconstruction Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice to Bidders on Receipt of Bids for project and City Manager recommending to award contract for project, presented and read. Council Member Voetberg moved that the proof and communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 60-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the West 3rd Sanitary and Storm Sewer Reconstruction Project pursuant to Resolution No. 19-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 16th day of January, 1997. Whereas, said sealed proposals were opened and read on the 23rd day of January, 1997 and it has been determined that the bid of Fondell Construction of Dubuque, Iowa in the amount of $67,715.13 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Fondell Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing on the Authorization of an Offer to Buy Real Estate and Acceptance and City Manager recommending Council approve the financing and Offer to Buy 388 acres of real estate from William and Janet Siegert and lease farm back to Siegerts, presented and read. Council Member Robbins moved that the proof and communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 61-97 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE BETWEEN THE CITY, AS BUYER, AND WILLIAM SIEGERT AND JANET SIEGERT, HUSBAND AND WIFE, AS SELLERS, INCLUDING THE FORM OF FARM LEASE ATTACHED THERETO AND MADE A PART THEREOF. Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City"), should provide for the authorization of an Offer to Buy Real Estate and Acceptance, Regular Session, February 3, 1997 including provisions providing a loan to the City in the principal amount of $700,000 and approving the form of Farm Lease attached thereto (together, the "Agreement"), between the City, as Buyer, and William Siegert and Janet Siegert, husband and wife, as Sellers, as authorized by Sections 384.24A and 384.25, Code of Iowa, as amended, a copy of which is now before this Council and incorporated herein by this reference, for the purpose of acquiring the real property described therein from the Sellers; and Whereas, the Agreement and the loan described therein shall be payable from the General Fund of the City; and Whereas, before a loan agreement may be authorized, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the loan agreement and to receive oral and/or written objections from any resident or property owner of the City to such action; and Whereas, by Resolution No. 47-97 adopted January 20, 1997, this Council set a public hearing on the proposal to enter into the Agreement for its meeting of February 3, 1997 at 7:00 P.M. in the Carnegie -Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, and due and proper notice of said public hearing was given, as provided by law, by publication in the Telegraph -Herald on January 24, 1997, which notice set forth the time and place for the hearing and the nature and purpose thereof; and Whereas, in accordance with said notice, al persons or organization desiring to be heard on said proposed action, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Approval of Agreement. The form and content of the Agreement, provisions of which are incorporated herein by reference, is in all respects authorized, approved and confirmed, and the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy City Clerk are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers upon the advice of the Corporation Counsel, and from and after the execution and delivery of the Agreement, the Mayor and the Mayor Pro Tem and the City Clerk and the Deputy city Clerk are authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. Section 2. Ratification. All acts of the City Administrator and City Clerk in connection with the negotiation of the Agreement and the publication of the notice of public hearing with respect thereto are hereby ratified, confirmed and approved. Passed, and approved this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to annex certain property to the City (County Farm and Siegert Farm) and City Manager recommending approval of annexation application of Dubuque County and William and Janet Siegert, presented and read. Council Member Buol moved that the proof and communication be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 62-97 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA. Whereas, Dubuque County, as the owner of approximately 210 acres of property lying outside the corporate limits of the City of Dubuque, has voluntarily petitioned for annexation of said territory to the City of Dubuque pursuant to Section 368.7 of the Code of Iowa; and Whereas, Dubuque County has voluntarily petitioned for annexation of approximately 8 acres of adjoining Chicago Central Pacific Railroad property located in the railway right- of-way from the corporate limits to said County property, pursuant to Section 368.7 of the Code of Iowa; and Whereas, William and Janet Siegert, as the owners of approximately 156 acres of property lying outside the corporate limits of the City of Dubuque and adjacent to said County property, have voluntarily petitioned for annexation of said territory to the City of Dubuque pursuant to Section 368.7 of the Code of Iowa; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by the adoption of a resolution after notification as required by State regulations; Whereas, the future growth and development of the City of Dubuque, Iowa make it desirable that said territory as shown in Exhibit A, be made a part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be, and they hereby are extended to include the property legally described in Exhibit B. Section 2. That the territory hereby annexed shall become a part of the Second Regular Session, February 3, 1997 Ward, Seventh Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all Exhibits and the petition for voluntary annexation with the City Development Board of the State of Iowa. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of Public Hearing to annex certain property to the City (Site F - South of City), City Manager recommending approval to proceed with annexation, and communication of Wendell and Janis Comer addressing traffic safety concerns of the intersection, presented and read. Council Member Krieg moved that the proof and communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. Hugh McFadden spoke raising specific concerns about the annexation and objecting to it at this time. RESOLUTION NO. 63-97 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, as the owner of approximately 121.9 acres of property lying outside the corporate limits of the City of Dubuque, has voluntarily petitioned for annexation of said territory to the City of Dubuque pursuant to Section 368.7 of the Code of Iowa; and Whereas, the City of Dubuque has voluntarily petitioned for annexation of approximately 37.22 acres of adjoining State of Iowa property located in the right-of-way of U.S. Highway 61/151 from the corporate limits to said City property, pursuant to Section 368.5 of the Code of Iowa; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by the adoption of a resolution after notification as required by State regulations; Whereas, the future growth and development of the City of Dubuque, Iowa make it desirable that said City and State property as shown in Exhibit A, be made a part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be, and they hereby are extended to include the property legally described in Exhibit B. Section 2. That the territory hereby annexed shall become a part of the First Ward, First Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resolution, all Exhibits and the petition for voluntary annexation with the Iowa Department of Transportation, Dubuque County Recorder and Secretary of State. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Council Member Voetberg requesting the "No Parking" issue on Kelly Lane which was approved at last meeting be brought back for further consideration, presented and read. Council Member Voetberg moved that some parts will have "No Parking" and some will allow parking in areas and that the Council will revisit the parking issue at a later date. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting approval to proceed with Offer to Buy Real Estate and accept property from Dubuque County, presented and read. Council Member Buol moved that the communication be received and fled and request approved. Seconded by Council Member Nicholson. Motion carried 7- 0. Dubuque County Board of Supervisors Chair advising of their approval to execute Offer to Buy Real Estate and Acceptance for property, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager submitting an Ordinance which provides for the disposition and handling of funds of the Library, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. (OFFICIAL PUBLICATION) ORDINANCE NO. 12-97 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 30-8 PROVIDING FOR THE DISPOSITION AND HANDLING OF FUNDS OF THE LIBRARY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 30-8 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1997. 1t 2/10 Mary A. Davis CMC, City Clerk Council Member Voetberg moved that the Regular Session, February 3, 1997 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. Seconded by Council Member Michalski. Motion canied 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting approval of proposed changes to Community Partnership Program (cp2), presented and read. Council Member Krieg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 64-97 A RESOLUTION AMENDING THE GUIDELINES OF THE COMMUNITY PARTNERSHIP PROGRAM (cp2). Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, particulary those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in FY92 in response to the national goals and objectives of the CDBG program and is designed to encourage, on a local level, new and innovative private and non-profit efforts to improve the livability of the community for all citizens; and Whereas, the guidelines for the implementation and administration of the Community Partnership Program (cp2) have been amended to better respond to the needs of the community and have been presented before the City Council for consideration; and Whereas, the Community Development Advisory Commission has reviewed the proposed changes and recommends their adoption; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the amended Community Partnership Program (cp2) Guidelines, as presented, are approved and adopted. Section 2. That the City Manager be and is hereby authorized to implement and administer the Community Partnership Program (cp2) in accordance with the terms and conditions of the amended and approved guidelines. Passed, approved, and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending revocable permit be issued for a vinyl awning at 299 East 9th Street, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. An Ordinance Authorizing Tschiggfrie Excavating to construct a 48" projecting illuminated awning at 9th & Washington, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 13-97 AN ORDINANCE AUTHORIZING TSCHIGGFRIE EXCAVATING TO CONSTRUCT A 48" PROJECTING ILLUMINATED AWNING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Tschiggfrie Excavating as the owner of the premises known as _9th and Washington, Dubuque, Iowa, and legally described as City Lot 394 thru 398, and 420 thru 424, and % lot 505A be and they are hereby granted the revocable permit and authority to construct and maintain a 48" projecting illuminated awning der the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said awning; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said awning sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the awning and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for Regular Session, February 3, 1997 death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said awning and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said awning at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said awning. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Tschiggfrie Excavating when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 13- 97 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 13-97, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Mark Rettenmeier Title: Manager Dated: 1-17-97 AND By: Michael M. Schute Title: Office Manager Dated: 1-17-97 Published officially in the Telegraph Herald newspaper this 10th day of February, 1997. 1t 2/10 Mary A. Davis CMC, City Clerk Council Member Voetberg 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. Seconded by Council Member Nicholson. Motion canied 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending approval providing for maximum truck weight limitations for a truck transporting exclusively milk, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. An Ordinance Amending Code of Ordinances by amending Section 32-75 thereof by numbering the first paragraph thereof as (1) and by adding a new Paragraph (2) providing for maximum Gross Weight on any one axle of a vehicle, or of a combination of vehicles, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 14-97 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY AMENDING SECTION 32-75 THEREOF BY NUMBERING THE FIRST PARAGRAPH THEREOF AS (1) AND BY ADDING A NEW PARAGRAPH (2) PROVIDING FOR MAXIMUM GROSS WEIGHT ON ANY ONE AXLE OF A VEHICLE, OR OF A COMBINATION OF VEHICLES NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 32-75, the Code of Ordinances of the City of Dubuque, Iowa be amended by numbering the first paragraph thereof as (1) and by adding the following thereto: (2) It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street any vehicle or vehicles of a size or weight exceeding the limitations stated in this ordinance. (a) Except as otherwise provided herein, the gross weight imposed on the street by the wheels of any one axle of a vehicle, or of a combination of vehicles, operated on the streets of the City of Dubuque, shall not exceed 20,000 pounds on an axle equipped with pneumatic tires, and shall not exceed 14,000 pounds on an axle equipped with solid rubber tires. The gross weight on any tandem axle of a vehicle, or any combination of vehicles, shall not exceed 34,000 pounds on a tandem axle equipped with pneumatic tires. (b) In the case of a vehicle or combination Regular Session, February 3, 1997 of vehicles transporting exclusively milk from the point of production in the State of Wisconsin to the primary market and the return of dairy supplies and dairy products from such primary market in the City of Dubuque, Iowa to the farm in the State of Wisconsin, the gross weight imposed on the street by the wheels of any one axle may not exceed 21,000 pounds or, for two (2) axles 8 or less feet apart, 37,000 pounds, or for groups of consecutive axles more than 9 feet apart, a weight of 2,000 pounds more than is shown in paragraph (c), but not to exceed 80,000 pounds. (c) The gross weight imposed on the street by any group of axles may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group: DISTANCE IN FEET BETWEEN FOREMOST AND REARMOST AXLES OF GROUP MAXIMUM GROSS WEIGHT IN POUNDS OF A GROUP OF: 4 AXLES* S AXLES" 12 55,500 13 60,000 14 60,500 15 61,500 16 62,000 17 63,000 18 63,500 19 64,500 20 65,000 21 66,000 22 66,500 23 67,500 24 68,500 25 69,000 26 69,500 27 70,500 28 71,300 29 72,000 30 72,700 31 73,000 32 73,000*** 64,200 71,700 71,200 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 73,000 Four consecutive axles of a 4 -axle vehicle or of any vehicle having a total of 5 or more axles. Five consecutive axles of a 5 -axle vehicle or of any vehicle having a total of 6 or more axles. ,,, Maximum at 32 or more feet between axles (d) Notwithstanding paragraph (c), two (2) consecutive sets of tandem axles may impose on the street a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of February, 1997. 1t 2/10 Mary A. Davis CMC, City Clerk Council Member Voetberg 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. Seconded by Council Member Nicholson. Motion canied 7-0. Council Member Voetberg moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending execution of amendment to agreement with IDOT for Highway 20 improvements project, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. RESOLUTION NO. 65-97 RESOLUTION APPROVING COOPERATIVE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF AN ACCELERATION LANE ON DODGE STREET EXTENDING FROM BLUFF STREET WESTERLY ALONG DODGE STREET Whereas, the Iowa Department of Transportation is proposing to construct an acceleration lane on Dodge Street extending from Bluff Street westerly along Dodge Street; and Whereas, Agreement Nos. 95-3-033 and 95-A-093 with the Iowa Department of Transportation were previously approved by the City Council; and Whereas, the Iowa Department of Transportation has proposed a new addendum providing for the terms and conditions relating to the purchase of right-of- way and construction of said acceleration lane; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said Cooperate Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Agreement No. 97-A-057 consisting of a Cooperative Agreement with the Iowa Department of Transportation for the purchase of right-of-way and construction of an acceleration lane on Dodge Street from Bluff Street westerly along Dodge Street, together with the proposed funding agreement be approved. Section 2. That the City Council of the City of Dubuque agrees to the use of Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program funds up to a maximum of $1,750,000.00 as the local contribution to the funding of said project in cooperation with the Iowa Department of Transportation. Section 3. That should any funds be realized by I.D.O.T. from any subsequent Regular Session, February 3, 1997 disposition of any portion of the acquired properties in the future, the net proceeds from such action would be shared with the City and the City would return said proceeds to DMATS. Section 4. That the Mayor be authorized and directed to execute two copies of the Cooperative Agreement and forward the executed copies to the Iowa Department of Transportation. Passed approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Krieg. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays --None. City Manager requesting input regarding Board and Commission members' orientation, presented and read. Council Member Michalski moved that they adopt the program as submitted by Assistant City Manager Tim Moerman. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager requesting to submit CEBA application on behalf of CarteGraph Systems, Inc., presented and read. Council Member Michalski moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 66-97 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF CARTEGRAPH SYSTEMS, INC . Whereas, CarteGraph Systems, Inc., a local software development company, has proposed the expansion of its existing operations; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of jobs for area residents; and Whereas, the Iowa Department of Economic Development's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Community Economic Betterment Account program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Community Economic Betterment Account program on behalf of CarteGraph Systems, Inc., is approved. Section 2. That the local match as identified in the application is hereby approved. Section 3. That the Mayor is hereby authorized and directed to execute and submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Michalski moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager submitting resolutions authorizing the publication of official notices of the public hearing on the Fiscal Year 1998 City budget, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 67-97 RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON THE FISCAL YEAR 1998 BUDGET FOR THE CITY OF DUBUQUE WHEREAS, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final certification date and shall publish notice before the hearing as provide in Section 362.3 of the Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed 1997-98 budget of the City of Dubuque at the Camegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 4, 1997, beginning at 7:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget information. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 68-97 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM WHEREAS, a proposed Five Year Capital Improvement Program for the City of Dubuque has been prepared and submitted to the City Council; and WHEREAS, the capital projects for the first year are included in the Fiscal Year 1998 budget for the City of Dubuque; and WHEREAS, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the Five Year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 1998 budget for the City of Regular Session, February 3, 1997 Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the Five Year Capital Improvement Program at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 4, 1997, beginning at 7:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved and adopted this 3rd day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. At 8:22 p.m. Council Member Voetberg moved to go into Closed Session -- In accordance with Chapter 21.5 1.(j) 1995 Code of Iowa to discuss the purchase of particular real estate where premature disclose could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Council Member Nicholson. Motion carried 7-0. At 9:23 p.m. Council reconvened Regular Session with statement that Staff had been given direction. There being no further business, Council Member Michalski moved to adjourn the meeting. Seconded by Council Member Voetberg. Motion carried 7-0. the meeting adjourned at 9:24 p.m. Mary A. Davis CMC City Clerk Approved 1997 Adopted 1997 Mayor Council Members Attest: City Clerk Regular Session, February 10, 1996 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 10, 1997 Council met at 6:15 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent at Roll Call: Council Member Voetberg. Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to conduct a Public Hearing on the Proposed Annual Action Plan for the use of Community Development Block Grant Funds for Program Year 23: July 1, 1997 to June 30, 1998. There were no public comments received. Council Member Voetberg entered the Chambers at 6:24 p.m. Community Development gave a presentation from 6:15 to 7:01 p.m. Planning gave a presentation from 7:04 to 7:33 p.m. Housing gave a presentation from 7:40 to 8:10 p.m. Health gave a presentation from 8:11 to 8:40 p.m. Water Dept. gave a presentation from 8:42 to 9:15 p.m. There being no further business, Council Member Voetberg moved to adjourn the meeting. Seconded by Council Member Nicholson. Motion carried 7-0. The meeting adjourned at 9:16 p.m. Mary A. Davis, CMC City Clerk 1 Approved 1997 Adopted 1997 Mayor Council Members Attest: City Clerk Regular Session, February 17, 1997 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 17, 1997 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Father Robert Vogl, Professor -Emeritus of Religious Studies at Loras College. PROCLAMATION — Feb.22 as "Thinking Day" received by Girl Scout Troop 237 from Holy Trinity and Sacred Heart Schools. MINUTES SUBMITTED—Electrical Code Board of 2-3; Housing Commission of 1-14; Housing Commission Trust Fund Committee of 1-23 & 1-30; Library Board of 1-23; Transit Trustee Board of 1-16; Zoning Advisory Commission of 2-6, presented and read. Council Member Voetberg moved that the minutes be received and filed. Seconded by Council Member Buol. Motion carried 7-0. Printed Council Proceedings for months of May, June, July and August, 1996, presented and read. Council Member Voetberg moved that the proceedings be approved as printed. Seconded by Council Member Buol. Motion carried 7-0. Proofs of Publication on publishing City Council proceedings of 1-20; List of Claims and Summary of Revenues for month ending 12-31-96, presented and read. Council Member Voetberg moved that the proofs be received and filed. Seconded by Council Member Buol. Motion carried 7-0. NOTICES OF CLAIMS/SUITS — Jacob Bender in amount of $523.72 for vehicle damages; Harold & Patricia Brandenburg in unknown amount for vehicle damages; Anna Curie) in unknown amount for personal injuries; Daniel Flynn in amount of $1452.20 for vehicle damages; Florence M. Larkin in unknown amount for personal injury; Patricia McLaughlin in amount of $61.28 for personal injuries; Carol Jean Meyer, in unknown amount for personal injuries; Joseph Melssen in amount of $100.00 for backed up sewer damages; Jeanne & Harvey Miller in Small Claims Court in the amount of $4000 for personal injuries; Lyle Wickham III in estimated amount of $2016.76 for vehicle damages, presented and read. Council Member Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Council Member Buol. Motion carried 7-0. Corporation Counsel recommending settlement of Reimbursement claim of Dale MaGee in the amount of $3.00 and direct Finance Director to issue check and submit to ICAP for reimbursement, presented and read. Council Member Voetberg moved that the communication be received and filed communication and settlement approved. Seconded by Council Member Buol. Motion carried 7-0. Robert Bradow, Kevin Riniker and Gene Bovee submitting their concerns regarding the sale of the CP/S00 Line Railroad to the I & M Corporation, presented and read. Council Member Voetberg moved that the communications be received and filed. Seconded by Council Member Buol. Motion carried 7-0. REFUND REQUESTED — Joe Lenaers in amount of $25.00 for unexpired Cigarette License, presented and read. Council Member Voetberg moved that the refund be approved. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Bunker Hill Golf Course Operating Agreement with G.M.S., Inc. (George Stephenson, Golf Professional), presented and read. Council Member Voetberg moved that the communication be received and filed and approved the Agreement. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of Concession agreement for McAleece Park and Recreation Complex with JD, BS -SW, LTD be executed, presented and read. Council Member Voetberg moved that the communication be received and filed and approved the Agreement. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval to enter into an agreement with Central Iowa Center for Independent Living to present disability awareness training to all City Employees, presented and read. Council Member Voetberg moved that the communication be received and filed and approved the Agreement. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission advising of Regular Session, February 17, 1997 their approval of final plat on Cedar Cross Road, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Abstain—Mayor Duggan. RESOLUTION NO. 69-97 RESOLUTION APPROVING THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO. 2, IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City clerk a final plat of Cedar Ridge Farm Place No. 2, in the City of Dubuque, Iowa; and Whereas, said plat dedicates Lot A to the City of Dubuque as public right-of-way for the existing Cedar Cross Road; and Whereas, said plat provides 0 feet of frontage on Lot 1 where 60 feet of frontage is required by Section 3-1.1(F) of the Zoning Ordinance; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except as noted above and that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, , IOWA: Section 1. That the dedication of Lot A as it appears upon said final plat be and the same is hereby accepted; and Section 2. That Section 3-1.1(F) of the Zoning Ordinance is waived to allow Lot 1 to have 0 feet of frontage where 60 feet of frontage is required; and Section 3. That the final plat of Cedar Ridge Farm Place No. 2, in the City of Dubuque is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owner of said property herein named, execute their written acceptance. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Vottb igPIAA$ B'DFe. RESOLUTION NO. 69-97 I, the undersigned, Julian G. Nemmers, General Partner of Cedar Ridge Farm Limited Partnership, having read the terms and conditions of the Resolution No. 69-97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 25th day of February, 1997. By /s/ Julian G. Nemmers General Partner of Cedar Ridge Farm Limited Partnership Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. Abstain—Mayor Duggan. Zoning Advisory Commission advising of their approval on proposed change to the Clarke College Campus Master Plan with the condition that only one access be provided onto Clarke Drive, presented and read. Patrick & Patricia Kennedy requesting annexation of additional property located in Cedar Ridge Acres, near Nightengale Lane, presented and read. Council Member Voetberg moved that this matter be referred to City Manager and staff. Seconded by Council Member Buol. Motion carried 7-0. Dean Rampson requesting additional ordinance restriction regarding the Dog Ordinance, presented and read. Council Member Voetberg moved that this matter be referred to City Manager. Seconded by Council Member Buol. Motion carried 7-0. Chicago Central and Pacific Railroad Company submitting their comments regarding annexation of their property as part of Site "B" voluntary annexation, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending Dubuque Bank & Trust be selected to service Community Development Loan, presented and read. Council Member Voetberg moved that the communication be received and filed and approved selection. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 70-97 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kids World Pizza PI Kids World Pizza PI /Fun Cnt+(Sunday Sales) 3033 Asbury George Stephenson Bunker Hill Golf +(Sunday & Outdoor) 2200 Bunker Hill CLASS "C" BEER PERMIT Lee Potter Sr. West Locust Mart +(Sunday Sales) 408 W. Locust TFM Co. Oky Doky # 2 Regular Session, February 17, 1997 +(Sunday Sales) 51 W 32nd St. Hill Street Plaza Oky Doky #8 +( Sunday Sales) 535 Hill St. CLASS "BE" BEER PERMIT Nash -Finch Co. Econofoods #471 +(Sunday Sales) 3355 JFK Rd. Passed, approved and adopted this 17th day February of 1997. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 71-97 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, , IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C (COMMERCIAL) BEER & LIQUOR LICENSE Steve Ankeny Apt Ltd. Dubuque Mining Co. .+(Sunday Sales) 555 JFK Rd. Town Clock Inn Inc. Town Clock Inn 799 Town Clock Plz. Passed, approved and adopted this 17th day of February 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. BOARDS AND COMMISSIONS: BUILDING CODE BOARD OF APPEALS The following applicant was invited to address the Council express his desire to serve on the Board of Appeals - Building Code - Ronald Johns. Mr. Johns spoke. COMMUNITY DEVELOPMENT COMMISSION - Census Tract # 1 - Applicant Bill Daugherty and At -Large - Applicants: Thomas Kirsch and Thomas Wainwright. CENSUS TRACT #1 Council Member Voetberg moved that Bill Daugherty be reappointed to fill the Census Tract #1 three-year term on the Community Development Commission, which term will expire 2-15-2000. Seconded by Council Member Robbins. Motion carried 7-0. AT LARGE POSITION: Vote on the appointment was as follows: Mayor Duggan voted for Kirsch. Council Member Buol voted for Wainwright. Council Member Krieg voted for Kirsch. Council Member Michalski voted for Wainwright. Council Member Nicholson voted for Kirsch. Council Member Robbins voted for Wainwright. Council Member Voetberg voted for Wainwright. Therefore, Thomas C. Wainwright reappointed to fill the At Large three-year term on the Community Development Commission, which term will expire 2-15-2000. Council Member Voetberg moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Council Member Nicholson. Motion carried 7-0. PUBLIC HEARING DEFERRED FROM MEETING OF 1-6-97 - An Ordinance Amending Zoning Map by reclassifying property located South of Asbury Road and West of Northwest Arterial from AG Agricultural District to C-3 General Commercial district, with conditions ( the first and second readings were given on 12-16-96), now presented for further action. Mike Remake) spoke requesting rezoning. (OFFICIAL PUBLICATION) ORDINANCE NO. 15-97 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF ASBU RY ROAD AND WEST OF THE NORTHWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to C-3 General Commercial District, with conditions, to wit: A portion of Lot 2 of 2 of 3 of the NE 1/4 of the NE 1/4 of Section 20, T89N, R2E, 5th Principal Meridian, Dubuque County, Iowa, more particularly described as follows: Beginning at the southwest corner of Lot 1 oft of of the NE 1/4 of the NE 1/4 of said Section 20; thence westerly along the extension of the south line said Lot 1 of 2 of 3 278 feet, more or less, to a point of intersection with the westerly line of said Lot 2 of 2 of 3; thence northerly along said westerly line 228.5 feet, more or less, to a point of intersection with the southerly right-of-way line of Asbury Road; thence easterly along said right-of-way line 278 feet, more or less, to a point of intersection with the westerly line of said Lot 1 of 2 of 3 extended northerly; thence southerly along said westerly line 228.53 feet to the point of beginning, containing 1.46 acres, more or less. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Regular Session, February 17, 1997 Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 15- 97 I, William J. Holliday, representing QHQ Properties, having read the terms and conditions of the foregoing Ordinance No. 15- 97 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 29th day of January, 1997. By /s/ William J. Holliday, QHQ Properties Published officially in the Telegraph Herald newspaper this 24th day of February, 1997. 1t 5/24 Mary A. Davis CMC, City Clerk Council Member Buol moved final consideration and passage of the Ordinance. Seconded by Council Member Robbins. Motion carried 7-0. PUBLIC HEARING on an Ordinance Amending Zoning Ordinance providing for the amendment of Ordinance No. 70-91, which adopted regulations for the Windsor Park Institutional District, said Ordinance having been presented and read at the Council Meeting of 1-20-97, presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 16-97 AN ORDINANCE AMENDING THE ZONING ORDINANCE (APPENDIX A) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE , IOWA PROVIDING FOR THE AMENDMENT OF ORDINANCE 70-91, WHICH ADOPTED REGULATIONS FOR THE WINDSOR PARK INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That in order to accomplish the purpose of the ID Institutional District of the Zoning Ordinance (Appendix A) of the Code of Ordinances of the City of Dubuque, Iowa, the Zoning Ordinance and Ordinance 70-91, which adopted regulations for the Windsor Park Institutional District, are hereby amended for the following described property, to wit: Lot 6 of Stonehill Community Subdivision No. 1 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional District and of the Zoning Ordinance, the property described above is subject to the following conditions and restrictions: A. Use Regulations. The following regulations shall apply to all uses made of land in the above described ID Institutional District: 1) Principal permitted uses shall be limited to a single, multi -family building containing a maximum 80 apartment units for the elderly [3] and general offices for social and human services related to elderly, handicapped, or low income persons. 2) Accessory uses: The following uses shall be permitted as accessory uses in the above described ID Institutional District provided the uses are located entirely within the principal building except detached garages for residents' vehicles can be constructed outside the principal building subject to Section 4-4, Site Plan Review Provisions: a) Medical office/clinic [36] b) Personal services [14] c) Barber and beauty shops [16] d) Drug store/health care supplies [17] e) Laundry/dry cleaner [19] f) Laundromat [22] g) Grocery store [17] h) Restaurants or cafeterias: flower shops; gift shops; candy, cigar or magazine stands [17] I) Churches [7] j) All of the uses customarily incidental to the principal permitted use in conjunction with such accessory use is operated or maintained, but not to include commercial uses outside the principal building. k) Serving of beer, wine, and alcoholic beverages on the premises of a limited nature as an accessory use to a restaurant. B. Lot and Bulk Regulations. Maximum Lot Coverage = 50% Minimum Front Yard Setback = 25 feet Minimum Side Yard Setback = 10 feet plus one foot for each floor above the first floor. C. Parking Requirement The off-street parking requirements for the principal permitted uses and accessory uses for the hereinabove described ID Institutional District shall be designated by the bracket enclosed number next to the use, as described in Section 4-2.7 of the Zoning Ordinance of the City of Dubuque, Iowa. D. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 16-97 We, Gary and George Kennedy, property owner(s), having read the terms and conditions of the foregoing Ordinance No. 16- 97 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 8th day of February, 1997. By /s/ Gary Kennedy By /s/ George Kennedy Published officially in the Telegraph Herald Regular Session, February 17, 1997 newspaper this 24th day of February, 1997. 1t 2/24 Mary A. Davis CMC, City Clerk Council Member Robbins moved final consideration and passage of the Ordinance. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 72-97 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of January, 1997, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Alley between Rhomberg and Garfield from Hamilton to Marshall Sanitary Sewer Reconstruction. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays—Council Member Voetberg. City Manager recommending to award contract for project, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays—Council Member Voetberg. RESOLUTION NO. 73-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Alley Sanitary Sewer Reconstruction between Rhomberg and Garfield from Hamilton to Marshall pursuant to Resolution No. 51-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of January, 1997. Whereas, said sealed proposals were opened and read on the 6th day of February, 1997 and it has been determined that the bid of Sproule Construction of Galena, Illinois in the amount of $76,407.72 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Sproule Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins. Nays—Council Member Voetberg. Representatives from American Cancer Association, American Heart Association and American Lung Association requesting Council support reversal of State preemption of local tobacco ordinances, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 74-97 A RESOLUTION SUPPORTING THE REVERSAL OF STATE PREEMPTION OF LOCAL TOBACCO -RELATED ORDINANCES Whereas, tobacco -related diseases are the number one preventable cause of death in this country, killing over 4,800 Iowans every year - more than AIDS, accidents, pneumonia, suicide, and diabetes combined and; Whereas, the economic cost of tobacco - related death and disease in Iowa due to health care expenses, lost income and lost productivity is over $300 million per year; Whereas, secondhand smoke includes more than 4,000 chemical compounds of which 43 are known to cause cancer in humans or animals and that persons exposed to secondhand smoke have in their body significant amounts of nicotine, carbon monoxide, and other evidence of exposure to secondhand smoke; Whereas, nonsmokers exposed to cigarette smoke in the workplace are 34% more likely to develop lung cancer and 30% more likely to develop heart disease; Whereas, secondhand smoke increases the number and severity of asthma attacks and lower respiratory tract infections in children, resulting in 15,000 hospitalizations of children nationwide each year; Whereas, at least 70% of nicotine addictions begin in childhood or adolescence and that nationwide, over 3,000 children begin smoking every day; Whereas, over one billion packs of cigarettes are illegally sold to children in this country every year; Whereas, tobacco is recognized as a "gateway drug" leading to use of other dangerous drugs; Whereas, a recent health foundation poll Regular Session, February 17, 1997 indicates that most Americans of both major political parties want more, not less govemment action when it comes to protecting children from tobacco; Whereas, the tobacco industry, using profit -motivated tactics to suppress, manipulate and distort the scientific record, has exercised strong influence over public policy at the national and state levels; Whereas, the recent proposals by the U.S. Food and Drug Administration for reducing teenage addiction to tobacco products are expected to take years to implement and do not address licensing of tobacco vendors or other areas of public policy believed to be best implemented and enforced by state and local governments; Whereas, many cities and towns nationwide have greatly reduced the incidence of nicotine addiction among the young people in their communities by enacting and enforcing local ordinances and that local action often results in heightened public awareness and commitment; Whereas, a report released in December 1994 by a national Working Group of 25 state attorneys general stated that it is imperative that state laws not preempt local ordinances but rather set a "floor" of minimum requirements, while allowing for local ordinances that create a higher lever of protection; Whereas, the American Public Health Association, The American Medical Association, the American Cancer Society, the American Heart Association, the American Lung Association, the Institute of Medicine and many other organizations dedicated to public health have declared that it is absolutely critical that cities and towns have the power to enact and enforce local tobacco -related ordinances as they believe necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Legislature should enact legislation to reverse the preemption language in the Iowa Code returning the rights to communities to enact and enforce tobacco -related ordinances if they choose to do so. Section 2. That other Iowa municipalities are encouraged to adopt a similar resolution as a show of support for the reversal of state preemption of local tobacco ordinances. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting approval from Council for Floodwall Mural Project, presented and read. Council Member Voetberg moved that the communication be received and filed and concurred with approval. Seconded by Council Member Buol. Motion carried 7-0. City Manager recommending approval of final plat of portion of Tiffany Ridge Subd., presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 75-97 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 8 OF BLOCK 3 OF TIFFANY RIDGE SUBDIVISION IN THE CITY OF DUBUQUE , IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 through 8 of Block 3 of Tiffany Ridge Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appear existing streets known as Brueck Road and Tiffany Court, together with certain public utility easements which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and has her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Advisory Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of easements for public utilities as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That the plat of Lots 1 through 8 of Block 3 of Tiffany Ridge Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owner of said property herein named, execute his written acceptance hereto attached agreeing: a. The owner of Lot 8 Block 3 of Tiffany Ridge Subdivision shall be responsible for the removal of the temporary turnaround located thereon and construct a permanent cul-de-sac or straight street section in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer at such time when Lot 8 Block 3 is further developed or built upon; b. To install storm sewers and catch basins in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer; Regular Session, February 17, 1997 c. To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owner, or future owners; d. To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owner, or future owners; And further provided that said Wayne Briggs, Briggs Enterprises, Inc., as owner of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 41-161 through 41-164. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 5. That in the event Wayne Briggs, Briggs Enterprises, Inc. shall fail to execute the acceptance and furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor ATTEST: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Nicholson. Motion carried 7-0. City Manager recommending City acquire property at 1133-1135 White Street, presented and read. Council Member Robbins moved that the communication be received and filed. Seconded by Council Member Krieg. Motion carried 7-0. RESOLUTION NO. 76-97 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 1133-1135 WHITE STREET IN THE CITY OF DUBUQUE . SOUTH ONE-HALF (S1/2) OF THE MIDDLE ONE-FIFTH (M1/5) OF OUT LOT 479 IN THE CITY OF DUBUQUE , COUNTY OF DUBUQUE , IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS MAP. Whereas, the City of Dubuque is committed to enforcement of housing quality standards and to the provision of assistance toward the addition of housing units to the City's inventory; and Whereas, acquisition of suitable properties, in specific instances, is an appropriate means of achieving these goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the seller, Madonna M. Lucas: South One-half (S1/2) of the Middle One- fifth (M1/5) of Out Lot 479 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. at the cost of Ten Thousand Dollars ($10 000), subject to review and approval of a deed conveying such property. Section 2. That the City Manager is hereby authorized and directed to purchase said property, subject to the terms and conditions of the offer. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Robbins moved adoption of the Resolution. Seconded by Council Member Krieg. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice to Bidders of the Receipt of Bids for the Kelly Lane Reconstruction Project and City Manager recommending to award contract for project. presented and read. Council Member Krieg moved that the proof and communication be received and filed. Seconded by Council Member Nicholson. Motion carried 7-0. RESOLUTION NO. 77-97 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Kelly Lane Reconstruction Project pursuant to Resolution No. 42-97 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 31st day of October, 1996. Whereas, said sealed proposals were opened and read on the 4th day of February, 1997 and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa in the amount of $1,767,898.27 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: Regular Session, February 17, 1997 That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Krieg moved that the adoption of the Resolution. Seconded by Council Member Nicholson. Carried by the following vote: Yeas—Mayor Duggan, Council Members Buol, Krieg, Michalski, Nicholson, Robbins, Voetberg. Nays—None. City Manager submitting resolutions recommending approval of Urban Revitalization Applications, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Michalski. Motion carried 7-0. RESOLUTION NO. 78-97 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, the Urban Revitalization Act allows cities to give property tax exemptions for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1st of the assessment year for which the exemption is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1st of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Cathedral Gardens, Jackson Park, Holy Trinity, Washington Street, West 11th Street, Windsor Park, Sacred Heart Place, and Upper Main; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 1997, received tax exemption applications from the following property owner for property located within the established urban revitalization district: Jackson Park Urban Revitalization District: Lynn Lampe for improvements at 116 West 13th Street Patricia Michel for improvements at 1389 Locust Street Washington Street Urban Revitalization District: Rose Marie Gange Griesinger for improvements at 1839 Washington Street Sandra Megonigle for improvements at 1669 Washington Street Penny Marie Tucker for improvements at 1571 Washington Street Jeanette Turner for improvements at 1461 Jackson Street West 11th Street Urban Revitalization District: Grace Carew for improvements at 1073 Spruce Street Edward Carpenter for improvements at 959 Spruce Street Anthony and Karen Clemen for improvements at 1030 Grove Terrace Susan Swift and Tim Ebeling for improvements at 875 University Avenue James and Sara Jurisic for improvements at 642 Chestnut Street William Felderman for improvements at 421 West 16th Street James and Julie Gross for improvements at 1155 Grove Terrace Donald Klostermann for improvements at 533-541 Loras Boulevard Michelle Mihalakis for improvements at 1175 Bluff Street Jeffrey and Janet Mozena for improvements at 1207 Grove Terrace Ronald and Jane Nemmers for improvements at 1535 - 1537 Bluff Street Dr. John and Mary Quinlan for improvements at 1394 Locust Street Douglas and Therese Spyrison for improvements at 1295 Grove Terrace Roger and Paula Stenlund for improvements at 1295 Prairie Street Upper Main Urban Revitalization District: Paul and Cathie Kroft for improvements at 1130 Main Street Mark Petitgoue for improvements at 1100 Main Street TFM Company for improvements at 1110 Main Street Whereas, the Community and Economic Development Department and the Housing Services Department have reviewed the above described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Program. Section 2. That the above described tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above described tax exemption applications to the City Assessor. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. Regular Session, February 17, 1997 RESOLUTION NO. 79-97 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATION SUBMITTED AFTER THE LEGISLATED FILING DATE BY PROPERTY OWNER IN A RECOGNIZED URBAN REVITALIZATION AREA AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATION TO THE CITY TAX ASSESSOR Whereas, the Urban Revitalization Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemptions for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1st of the assessment year for which the exemption is first claimed, yet provides for the acceptance, by Resolution of the City Council, of applications filed beyond the legislated deadline; and Whereas, the City Clerk of the City of Dubuque received tax exemption applications for improvements made in previous years from the following property owners for properties located within the established urban revitalization district: West 11th Street Urban Revitalization District: Edward and Shirley Carpenter for improvements made at 959 Spruce Street Gerald Wagner for improvements made at 1385 Cummins Court Whereas, the Community and Economic Development Department and the Housing Services Department have reviewed the above described application and inspected the property, and have determined that the application and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan and its policy regarding the acceptance of late filings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Program. Section 2. That the above described tax exemption application is hereby approved by the City Council, subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above described tax exemption application to the City Assessor. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting to approve the selection of a design and engineering consultant for development of the County Farm Industrial area, presented and read. Council Member Krieg moved that the communication be received and filed and approved recommendation for pre -purchase investigative work as needed by April 1, 1997. Seconded by Council Member Michalski. Motion carried 7-0. City Manager requesting condemnation for land acquisition in Kerper Boulevard Economic Development District, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 80-97 RESOLUTION AUTHORIZING INITIATION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE LAND IN THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT. Whereas, on August 15, 1994, the City Council of the City of Dubuque, Iowa, adopted an urban renewal plan for an area designated as Kerper Boulevard Industrial Park Economic Development District; and Whereas, said plan includes as one of the public purpose activities the acquisition of property for private development or redevelopment and incorporates a map which indicates which properties within the district will be acquired; and Whereas, the City of Dubuque has been negotiating with the property owner of record of the property shown on the attached map entitled Exhibit "A" for the acquisition of said property to fulfill the objectives of the urban renewal plan; and Whereas, the City of Dubuque has been unsuccessful after reasonable attempts in its effort to purchase said property and finds and determines that eminent domain proceedings should be instituted to acquire said property as authorized by the Iowa Urban Renewal Law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of Dubuque, Iowa, for acquisition of the real property as shown on Exhibit "A", and that the Corporation Counsel be directed to institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission advising of their denial to rezone property at 1005-1007- 1011 Rhomberg Avenue from R -2A to R-4 District and requesting concurrence from Regular Session, February 17, 1997 Council, (Petitions constituting 72.5% opposition from property owners has been submitted), presented and read. Council Member Michalski moved that the communications be received and filed. Seconded by Council Member Voetberg. Motion carried 7-0. An Ordinance reclassifying property located at 1005-1007-1011 Rhomberg Avenue from R -2A Alternate Two -Family Residential District to R-4 Multi -Family Residential District, presented and read. Council Member Michalski moved that this Ordinance be set for Public Hearing on 3-3-97 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Voetberg. Motion carried 7-0. Zoning Advisory Commission advising of their approval to amend the Conceptual Plan Amendment for 2000 University Avenue, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. An Ordinance amending Zoning Map providing for the Amendment of Ordinance No. 33-88 which adopted regulations for the University of Dubuque Institutional District, presented and read. Council Member Voetberg 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. Seconded by Council Member Buol. Motion carried 7-0. Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 3rd day of March, 1997 at 7:00 p.m in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval providing for Text Amendment of Zoning Ordinance to amend Section 7-1 on required fees, presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. An Ordinance Amending Zoning Ordinance by repealing Section 7-1 and adopting a new Section 7-1 in lieu thereof pertaining to fees required, presented and read. Council Member Voetberg 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. Seconded by Council Member Buol. Motion canied 7-0. Council Member Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 3rd day of March, 1997 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. City Manager requesting to conduct public hearing to dispose of real estate located at 553-561 Loras Blvd., presented and read. Council Member Voetberg moved that the communication be received and filed. Seconded by Council Member Buol. Motion carried 7-0. RESOLUTION NO. 81-97 RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICALLY, LOT ONE (1) AND LOT TWO (2) OF THE WEST ONE-HALF (W1/2)) OF LOT FIVE (5) YATES AND PICKETTS IN THE CITY OF DUBUQUE , COUNTY OF DUBUQUE , IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, ALSO KNOWN AS 553-561 LORAS BOULEVARD. Whereas, the City of Dubuque purchased certain real estate from Michael J. and Rebecca O'Rourke; and Whereas, bids have been received from members of the general public in response to a solicitation to purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the following legally -described property: Lot One (1) and Lot Two (2) of the West One-half (W1/2) of Lot Five (5) Yates and Picketts in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Steven J. Gudenkauf for the sum of Two Thousand One Hundred Dollars ($2,100). Section 3. That the City Council meet in the Carnegie Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa, at 7:00 p.m. on the 3rd of March, 1997, for the purpose of holding a public hearing and taking final action on the disposition of the above described real estate in the City of Dubuque, Iowa. Section 4. That the City Clerk be and she is hereby authorized and directed to cause a notice of such public hearing and the City Council's intent to dispose of such property to be published as prescribed under Iowa Code Section 364.7. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Voetberg moved adoption of the Resolution. Seconded by Council Member Buol. Motion carried 7-0. City Manager submitting bidding procedure documents providing for Cedar Cross/Fremont Intersection Reconstruction project, presented and read. Council Member Buol moved that the communication be received and filed. Regular Session, February 17, 1997 Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 82-97 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Cedar Cross/Fremont Intersection Reconstruction Project, in the estimated amount of $1,269,702.98, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 83-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Cedar Cross/Fremont Intersection Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of March, 1997, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 84-97 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Cedar Cross/Fremont Intersection Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Road Use Tax Fund and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of February, 1997. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 85-97 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Cedar Cross/Fremont Intersection Reconstruction Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of March, 1997, a public hearing will be held at 7:00 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the Regular Session, February 17, 1997 assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. RESOLUTION NO. 86-97 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 2 inclusive, are hereby determined to be the schedule of proposed assessments for the Cedar Cross/Fremont Intersection Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Voetberg. Motion carried 7-0. City Manager submitting bidding procedure documents providing for Dubuque Greyhound Park and Casino Reroofing project, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 87-97 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Greyhound Park and Casino Reroofing Project, in the estimated amount of $41,000.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 88-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Greyhound Park and Casino Reroofing Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, , IOWA: That on the 17th day of March, 1997, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 89-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Greyhound Park and Casino Reroofing Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 6th day of March, 1997. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 17th day of March, 1997. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Regular Session, February 17, 1997 Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. City Manager submitting bidding procedure documents providing for Dubuque Greyhound Park and Casino Kennel Improvements, presented and read. Council Member Buol moved that the communication be received and filed. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 90-97 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Greyhound Park and Casino Kennel Improvements, in the estimated amount of $118,075.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 91-97 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque , Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Greyhound Park and Casino Kennel Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of March, 1997, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque , Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. RESOLUTION NO. 92-97 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE , IOWA: That the Dubuque Greyhound Park and Casino Kennel Improvements is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 6th day of March, 1997. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 17th day of March, 1997. Passed, adopted and approved this 17th day of February, 1997. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Council Member Buol moved adoption of the Resolution. Seconded by Council Member Robbins. Motion carried 7-0. Historic Preservation Commission requesting to set a public hearing on the petition to remove Walnut Street properties from the W. 11th Street District Historic District for May 5, 1997, presented and read. Council Member Michalski moved that the communication be received and filed and set Public Hearing on May 5, 1997 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Council Member Buol. Motion carried 7-0. Rick Dickinson spoke concerning the selection of the firm for County Farm Industrial Park Development and expressed appreciation to Staff for their efforts. There being no further business, Council Member Nicholson moved to adjourn. Seconded by Council Member Buol. Motion carried 7-0. The meeting adjourned at 9:08 p.m. Mary A. Davis CMC City Clerk Approved 1997 Adopted 1997 Mayor Regular Session, February 17, 1997 Council Members Attest: City Clerk