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2000 January Council ProceedingsReqular Session, January 3, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Monday, January 3, 2000 Council Met at 6:30 P.M at the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michaiski, Nicholsan, Robbins, City Manager Michael Van Milligan, Corpgratian 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 Mike Hutchins, President of Divine Word Seminary. Mayor Duggan swore in the newly eiectad Council: Council Member At Large: Ann MichalskJ; Council Member Second Ward: Roy Buol; and Council Member Fourth Ward: Patricia CIine. (Let the record show that each individual had executed a written oath of office pdor to January 1, 2000. Mayor Duggan swore in Dan Nicholson as Mayor Pro-Tern. Proclam~on: January 16, 2000 as "Martin Luther King, Jr., Day" received by Emestine Maas. MINUTES SUBMITTED: Environmental Stewardship Advisory Commission of December 7, 1999; Five Flags Commission of 12/20/99; Historib Preservation Commission of December 2, 1999; Human Rights Commission of 11/8/99; Park and Recreation Commission of 12/14/99; presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. NOTICES OF CLAIMS/SUITS - Judith and Gerald Cottrell in amount of $250,000 for personal injuries; Penny A. Gronen in amount of $107.74 for car damages; Lois M. Wubben in amount of $61.80 for car damages, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion cart ed 7-0. Correspondence from Allan J. Becker to acquire property located in downtown Dubuque on Kerper Boulevard, Lot #2 of Bradley Place, presented and read. Buol moved that the communication be received and flied and referred to the City Manager. Seconded by Nicholson. Motion carried Iowa Department of Natural Resources submitting Industrial Pratreatment Compliance Inspection report for Water Pollution Control Plant, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. There being no further business, Buo[ moved to adjourn. Seconded by Robbins. Motion carried 7-0. The mee~ng adjourned at 6;41 P.M. /s/MaryA. Davis, CMC, City Clerk Approved /-'///~ ,2000 Ado Special Session, January 17, 2000 DUBUQUE ClTY COUNCIL OFFICIAL PROCEEDINGS Monday, January 17, 2000 At 5:00 P.M. Council had dinner on the Second Floor Rotunda, Public Library At 5:30 P.M. Council -net au the Public Library Auditorium Present: Mayor Duggan, Council Members Buol Cline, Markham. M~chalski Nicholson Robbins, City Manager Michael Van Milligan, Corporation Counsel Barry UndahL City Staff presented design concepts for the Third Street Parking Ramp. Upon consensus meeting adjourned at 6:13 P,M. ~ary A. Davis CMC City Clerk Approved ~'zz/~ ,2000 Adopted %. ~./~ ~' ~ 2000 Council Members ~ Clerk Reqular Session, January 17, 2000 3 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 17, 2000 Counc~ Met at 6:30 P.M., in the Pubiic Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nichoison, Robbins, 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 propedy come before the Council. thvoca~Jon was given by Murray Phillips, Acting Director of the Dubuque Rescue Mission. PROCLAMATIONS: January 18-20, 2000 as "Special Orympics Iowa Dubuque Winter Games Time' received by Paul Gorreil and Amy Powers; January 28, 2000 as "Mary A. Davis Day' received by City Clerk Mary A. Davis. Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, gave a verba~ progress report. MINUTES SUBMII-I'ED: Cable TV Regulatory Commission of 1/12~00; Cable Community Teieprogramming Commission of 114/00; Historic Preservation Commission of 12116199; Library Board of Trustees of 11/17/99; Zoning Advisory Commission of 1/6/00, presented and read. Buol moved that the minutes be received and tiled. Seconded by Markham. Motion carded 7-0. Financial reports for the month ending 12/31/99, presented and read, Buol moved that the communication be received and tiled. Seconded by Markh,~m. Motion carried 7-0. Finance Director Duane Pitcher subm~ting Quarterly Investment Report for period 7/1/99 through 12J31/99, presented and read. Budi moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0. Proof of Publication and List of Claims and Summary of Revenues for the Month Ending 10/99, presented and read. Buol moved that the proof be received and tiled. Seconded by Markham. Motion carried 7-0. Proof of Publication on publishing of Council Proceedings for 12/6199 and 12/20/99, presented and read. BuoJ moved that the proofs be received and flied. Seconded by Markham. Motion carded 7-0. Pdnted Council Proceedings for month of November and December, 1999, presented and read. Buol moved that the procaedings be approved as printed. Seconded by Markham. Motion carded 7-0. NOTICES OF CLAIMS/SUiTS: Kirk Dahl in the estimated amount of $3,200 for vehidie damage; Craig and Shed Kruser in the amount of $83.14 for vehicle damage; Elaine A. Oberbroeckiing in unknown amount for personal injuries; Terry Schmitt/Butt's Flodst in the amount of $73.67 for vehicle damage; Tdiog in unknown amount for electrical damages; Dubuque Bank and Trust Company vs City of Dubuque Housing Services Rehabilitation, et al, submitting pet~on for foreclosure of real estate, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising the follow~ng claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance: personal injury of Judith and Gerald Cottrell; personal injury of Gregory M. Yoko, presented and read. Bug[ moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0, Corporation Counsel recommending denial of vehicle damage claim of Butts 4 Regular Session, January 17, 2000 F[odst, presented and read. Buo] moved that the communication be received and tiled and recommendation approved. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settlement of vehicle damage claim of Lois M. Wubben in amount of $61.80 and Finance Director to issue check, presented and read. Buol moved that the communication be received and filed and seffiement approved. Seconded by Markham. Motion carried 7-0. Zoning Advisory Commission advising of their approval of Plat of Survey for 461 and 495 West 5th Street, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 1-00 RESOLUTION APPROVING THE PLAT OFSURVEYOF LOTS 1 AND 2 OF AL MILLER PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lots 1 and 2 of Al Miller Place in the City of Dubuque. Iowa: and Whereas, said plat provides Lot 1 with 4.92 feet of frontage and 885 square feet of lot area and Lot 2 with 45.08 feet of frontage and 4.765 square feet of lot area where 50 feet of lot frontage and 5,000 seuare feet of lot area is required by Section 42-19(b) of the Subdivision Regulations; and Whereas. said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon: and Whereas, said survey plat has been examined by the Cig Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Secbon 1. That Section 42-19(b) of · ;ne Subdivision Regulations is waived to allow Lot 1 ro have 4.92 feet of frontage and 885 square feet of ~or area and Lot 2 to nave 45.098 feet of frontage and 4,765 square feet of lot area where 50 feet of lot frontage and 5,000 souare feet of 1ct area is required. Section 2. That the survey plat of Lots 1 and 2 of Al Miller Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said subdivision plat. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adopiton of the resolution. Seconded by Markham. Vlotion carded 7-0. Zoning Advisory Commission advising of their approval of final plat of Fensterman Subdivision, First Addition, splitting an existing lot into three lots (Dubuque County), presented and read. Buol moved that the communica'don be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 2-00 RESOLUTION APPROVING THE FINAL PLAT OF FENSTERMAN SUBDIVISION, FIRST ADDITION, IN DUBUQUE COUNTY, IOWA Whereas, there has been tiled with the City Clerk a Final Plat of Fensterman Subdivision, First Addition, in Dubuque County, Iowa; and Whereas. saic plat nas beer examlneo By the Zoning Advisory Commission and had its aDDrova endorsed thereon; and Whereas. said plat nas beec examined by the City Council and they find that it conforms to the statutes and ordinances relating merero. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fina Plat of Fensterman Subdivision. First Addition s hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa. upon saic subdivision plat. Section 2. That the .City Counci hereby waives Article IV. Design and- ~mprovement Standards. of the Subdivision Regulations, excec[ Section 42-19, Lots ano Blocks. Passed. approved and adopted this I17th day of January, 2000. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Regular Session, january Buoi moved adoption of the resolution. Seconded by Markham. Motion carded 7-0~ City Manager recommending acceptance of 1999 AC Paving Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 3-00 ACCEPTING IMPROVEMENT Whereas, the contract for the 1999 Asphalt Paving Project - Fiscal Year 2000 has been complsted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund, the Parking Lot Construction Fund, the General Fund and Sanitary Sewer Construction Funds in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17th day of January, 2000. Torrance M. Duggan, Mayor Attest: Mary,A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 4-00 FINAL ESTIMATE Whereas, the contract for the 1999 Asphalt Paving Project ~ Fiscal Year 2000 has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $184,146.14 and the said amount shall be paid from the Street Construction Fund, the Parking Lot Construction Fund, the General Fund and Sanitary Sewer Construction Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggee, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the reeo[ution. Seconded by Markham. Motion carded 7-0. City Manager recommending acceptance of WashingtonNailey Storm Sewer Repair Project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO; 5-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Storm Damage Repair of Washington & Valley Streets has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and spedfications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE ]T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from FEMA and the Local Sales Tax Fund in an amount equal to the amount of this contract, less any retained percentage ~rovided for therein. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried RESOLUTION NO. 6-00 FINAL ESTIMATE Whereas, the contract for the Storm Damage Repair of Washington & Valley Streets has been completed and 6 Regular Session, January 17, 2000 the City Engineer has submitted his final estimate showing [he cost thereof including the cost of estimates, notices and inspection and all miscellaneous COSTS. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said ~mpmvement is hereby determined to be $132.268.31 and the said amount shall be paid from FEMA and the Local Sales Tax Fund of the City of Dubuoue. owa. Passed. approved and adooted this 17th day of January, 2000. Torrance m. Duggan, Mayor Attest: MaryA. Davis, Cit~ Clerk Buo] moved aooption of tne resolution. Seconded by Markham Motion carried 7-0. HUD advising of Fiscal Year 2000 formula allocation for CDBG HOME rnvestment Partnerships, Emergency Shelter Grant and Housing Opportunities for Persons with AIDS programs, presented and read Buo] moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. HUD advising of receipt of the City's amendment to the Federal Fiscal Year 1999 Community Development Block Grant Annual Action Plan, presented ane read. Buol movee that the communication be received and filed Seconded by Markham. Motion carried 7-0. City Manager recommending approval of operating agreement with golf professional George Stepnenson for the 3unker Hill Golf Course presented and read. Buol moved that [ne communication be receivec ano filed and recommendation approvee Seconded by Markham. Motion carried 7-0. City Manager recommending approval of management agreement for Miller-Rive~ew Park with Pat Felderman, presented and read. Buo] moved that the communicatior be received and filed and recommendation approved. Seconded by Markham Motion carded 7-0. City Manager recommending award of the swimming pool concession agreement to Dave Maiers Concessions. presented ano reao. Buot moved that the communication be received and filed and recommendation approved. Seconded by Marknam. Motion carried 7-0. City Manager recommending approval of an application for a Marine Fuel Tax Grant, presentec and reao. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0 RESOLUTION NO. 7-00 RESOLUTION AUTHORIZING APPLICATION FOR MARINE FUEL TAX GRANT FOR CONSTRUCTION OF NON-MOTORIZED WATER CRAFT DOCKING FACILITY Whereas the Dubuque Dragon Boat Association (DDBA) has requested that the City of Dubuque sponsor a Manne Fuel Tax grant application to the Iowa Department of Natural Resources (IDNR) for construction of s docking facility for paddle spor[a and ~on- motorized water craft on the Mississippi Rh/er: and Whereas. the goals of the C~y ano DDBA are [o promom healthy lifestyles for the people of Dubuque, to increase the number and variety of wa[e- recreational access sites, and to expand recreations opportunities on Whereas. the City has an adopted Riverfrant Plan that places s high priority on recreational improvements to Schmitt Island; and Whereas. the City recognizes the recreational ootential of the DDBA's request for a non-motorized water cratt docking facility. NOW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Planning Services Manager is hereby authorized to submit an application for Madne Fuel Tax funds to the IDNR. sponsoring the DDBA's request for the construction of a docking facility for paddle spor[s ano non-motorized water craft on the Mississippi River. Section 2. That the DDBA will provide the necessary local match for this project if the IDNR funds the grant Passed. approved and adopted this Reqular Session, January 17~ 2000 7 17th day of January, 2000. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Communication from Dubuque Metropolitan Area Solid Waste Agency advising of landfill rate increase for FY 2001, presented and read. Buol moved that the communication be received and riled. Seconded by Markham. Motion carried 7-0. Terry Stanton advising of his resignation from the Airport Commission, presented and read. Buol moved that the communication be received and filed and resignation accepted with regret. Seconded by Markham. Motion carried 7-0. Request of William A_ Conzett on behalf of Thomas Luksetich and Steven Smith requesting vacating and purchase of a portion of City property along Kerper Blvd., presented and read. Buol moved that the request be referred to the City Manager and Staff. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of a consultant for the Northern Levee (Peosta ChanneD Trail Project, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of an amendment to the Project Concern Purchase of Service Agreement, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carded 7-0. Request of Kenneth Birch to vacate a portion of Louise Lane in Maple Leaf Addition ~t2, presented and read. Buol moved that the request be referred to the City Manager and Staff. Seconded by Markham. Motion carried 7-0. City Manager supporting Dubuque County's application on behalf of Hitlcrsst Family Sepz[css for State CDBG funding, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. City Manager recommending approval of a grant agreement for ISTEA Statewide Enhancement Funds for the Heritage Trail Principal Route, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO~ 8~00 RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR ISTEA STATEWIDE ENHANCEMENT PROJECT FUNDS FOR THE HERITAGE TRAIL PRINCIPLE ROUTE Whereas, the Department of Transportation has awarded the City of Dubuque a grant of $322,760 in ISTEA Statewide Enhancement Project Funds for final design, engineering and construction of the Heritage Trail Principal Route; and Whereas, the City of Dubuque has budgeted the local match of $138,326 for this project NOW THEREFORE, BE RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor hereby is authorized to sign a grant agreement with the Department of Transportation for ISTEA Statewide Enhancement Project Funds for final design, engineering and construction of the Heritage Trail Principal Route. Section 2. That the City Manger hereby is authorized to utilize budgeted Capital Improvement Program Funds to ~revide the local match for this project. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. City Manager submitting the 1999 Pretreatment Compliance Report for the Westewater Pollution Control Plant, ~rasented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. R Regular Session, January 17, 2000 Communication of the City Manager to Jim Fischer U.S. Fish and Wildlife Office. advocating the elimination of barge fleeting m Pearl Island presenteo and read Buol moved that the communication De received and filed and recommendation approveo. Seconded by Markham. Motion carried 7-0. City Manager recommending adoption of Supplement #43 to the Code of Ordinances. presenrec and read Buol moved that the communication be received and filed Seconded by Markham Motion carded RESOLUTION NO. 9-00 ADOPTING SUPPLEMENT NO. 43 TO THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA Whereas, under date of July 17 1989 the City Council,, pursuant to Ordinance No. 34~89, readopted the Code of Ordinances of the City of Dubuque Iowa for ord qances adoated up To and including December 19 1988; aha Whereas. since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become par[ of the Code of Ordinances. NOW THEREFORE 3E IT RESOLVED BY THE CITY COUNCIL OFTHEClTYOF DUBUQUE OWA: Section 1. That Supplement No. 43 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances througn Ordinance No. 92- 99 enacted through October 18. 1999 and prepared by the Sterling Codifiers. Inc. Weiser iD hereto filed in the Oft-ice of the City Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa Passed. approved and adopted this 17th day of January, 200Q Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 20-00 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the following having compllea with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Pacers within said City. ~IEW Hy-Vee # 2 r~y-Vee Inc. 4800 Asbury Breezers Pub Com Breezers Pub Corn 600 Central Passed. approved and aoooteo this 17th day of January 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of zne resolution. Seconded Dy Markham. Motion carried 7-0. RESOLUTION NO. 10-00 Whereas, applications for Beef Permits have been submitted and filed to this Council for approval and the same nave ~een examined and aoproved; and Whereas the premises to be occupied by such aaolicante were inspected and found to comDiy 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 ap¢cants a Beer Permit CLASS "B" BEER PERMIT KT Restaurants Inc Godfather's Pizza +(Sunday Sales) 1575 JFK Rd CLASS "C" BEER PERMIT George Waddell Jr Iowa Potato & Produce House+(Sunday Sale) 2600 Dodge St Express Depot Inc. Liouor Deoot of Dubuoue +(Sunday Sale) 1620 JFK Rd TBTB inc. Cedar Cross AMOCO +(Sunday Sale) 1010 Cedar Cross iowa Oil Company IOCO Speede Shoppe #33+(Sunday Sale) 3200 Central Ave Angel inv. Company Casey General Store+(Sunday Sale) 2699 Rockdale Rd Hy-Vee. Inc Hy-Vee #2 Reqular Session, January 17; ~00 9 +(Sunday Sale) 4800 Asbury Rd Passed, approved and adopted this 17th day January, 2000. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 11-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have 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' ( H OTE L/M OTF_LgI~q]EiELIQ U O R Dubuque Inn Corp Best Western Dubuque Inn+(Sunday Sale) 3434 Dodge St CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE Breezers Pub Company Breezers Pub Co.+(Sunday Sale) 600 Central Ave Phillip Love +(Sunday Sale) Frickies~s L Dolores Weber +(Sunday Sale) The Lounge 481 Locust St A& BTap 2600 Central Ave Ten Pin Tap 601 Rhomberg Ave CLASS "B" WINE 0NB) James F. Sullivan Dubuque Religious 923 Main St Express Depot Inc. Liquor Depot of Dubuque1620 JFK Rd Hy-Vee Inc Hy-Vee ~ +(Sunday Sale) 4800 Asbury Rd CLASS "E" LIQUOR Hy-Vee, Inc. Hy-Vee ~ 2 +(Sunday Sale) 4800 Asbury Rd Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. BOARDS AND COMMISSIONS: Individuals are invited to address the Council to express their desire to serve on vadous Boards/Commissions ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: Applicant - David B. Czamecki. No one spoke. HOUSING CODE APPEALS BOARD: Applicants - David Aithaus, Thomas G. Swift. No one spoke. HUMAN RIGHTS COMMISSION: Applicants - Judith H. Giesen, Joseph A. Hopkins, Marry O'Shea, William Ross, Charles F. Ryan, and Katherine V. Stevens. dudith Haley Giesen, Bill Ross and Katherine V. Stevens spoke requesting appointment Melissa Hopkins spoke requesting reappointment for her husband. Micha[ski moved that the rules be suspended to alkiw anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proof of publicafion certified to by the Publisher on Notice of Public Hearing to reclassify property located southeast of Seippel Road and Old Highway Road from AG to R-1 Single Family, presented and read. Robbins moved that the proof of publication be received and filed. Seconded by BuoL Motion carried 7-0. An Ordinance Amending the Zoning Ordinance by reclassifying property located southeast of Seippel Road and Old Highway Road from AG Agricultural District to R-1 Single Family Residenfial District, with first and second readings given 12J20/99, now presented for final action. (OFFICIAL PUBLICATION} ORDINANCE NO. 1-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTHEAST OF SEIPPEL ROAD AND OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO R- I SINGLE-FAMILY RESIDENTIAL DISTRICT NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 10 Regular Session, January 17, 2000 Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances s hereby amended by -eclassifying me hereinafter described properly from AG Agricultural Distdct to R-1 Single- Family Residential District, to wit: NW 1/4. Section 31, T89N, R2E, to the contadina of the adjoining public right- of-way, ali in the City of Dubuque, Iowa. Sec'flor 2. The [oregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law Paaseo. approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis. C~ Clerk Published officially in the Telegraph Herald newspaper this 21st Day of January, 2000. MaryA. Davis CMC CiW. Clerk It 1/2' Robbins movec final consideraiton and passage of the Ordinance. Seconded by Buol Motion carried 7-0 Proof of ~ublication certified [o by the Publisher on Nofice of Public -fearing to reclassify property ocated at 2702 Brunskill Road from R-1 [o >ua, presen[ea anc reaD. Robbins "noveo that the proof be received and filed. Seconded by Nichclson. Motion carried 7~0. An Ordinance Amending the Zoning Ordinance by reclassifying property ocated at 2702 Brunskill Road from R- 1 Single Family to Planned Unit Develooment District with e PR Planned Residential District Designation and Adopting an Amended Conceptual Development Plan with Cond~ons. for Qak Meadows Condominiums, with first and second readings given 12/20/99. now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 2-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2702 BRUNSKILL ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS, FOR OAK MEADOWS CONDOMINIUMS. NOW. THEREFORE, BE IT ORDAINED ~Y THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1 Appendix A (the Zoning Ordinance) of the City of Dubueue Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R~I Single-Family Residential District to PUD Planned Unit Deve[opmen[ District with a PR Planned Residentia designation and adopting an amended conceptual develoamen[ plan a copy of which is attached to and made a par[ hereof, for Oak Meadows Condominiums as stated below, to Lot2ofM.L 222. Lot2 of M.L 223 Lot 2 of Block 1 Lot I thru4 and LotA Block 2 of Oak Meadow 2nd Addition, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, lows. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as ar express condition of the reclassification the undersigned properly owner agrees to the following conditions, all of which the property owners fur[her agrees are reasonable and imposed to satisfy the public needs that are caused directly Dy the zoning reclassification: A. Use Regulations. The following regulations shall apply to ali uses ~nade of land in the above described PUD Distdcfi 1. Principal permitted uses shall be limited to: a) 42 condominium units 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PUD Distdct shall be regulated as fallows: 1. All multi-family residential structures in the Planned Residential development shall be constructed substantial compliance with the Reqular Session~ January 17, 2001) 11 attached conceptual plan. 2. AJI buildings and structures shall provide a front yard setback from Brunskili Road of twenty (20) feet. C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. The phasing of the development shall occur as described on the attached Conceptual Development Plan, with all site improvements to be completed for each phase. 2. A private street meeting City Engineedng spec.~cations is to be constructed by the developer. A "hold harmless' agreement between the City and the property owners association shall be provided for damages rssu~ng from solid waste collection and routine or emergency maintenance of City utility systems. 3. That a minimum of 150 feet separation be provided between Deerwocd Circle's south access with Brunskill Road and the Mulgrew property ddveway access. 4.. Recreational facilities as shown and noted on the attached Conceptual Development Plan shall be completed by the end of the 2000 construction 5. Sidewalks as shown and noted on the attached Conceptual Development Plan shall be completed bythe end of 2000 construction season from Brunskill Road to the last constructed unit 6. Street lighting as shown end noted on the attached Conceptual Development Plan shsil be completed as each phase of the street is constructed. 7. Landscaping as noted on the attached Conceptual Development P[an shall be installed around each two-unit complex when that complex is completed. 8. Two parking spaces per dwelling unit shall be provided. Additional open lot spaces shall be provided as shown on the attached Conceptua[ Development Plan in lieu of curbside parking. 9, Storm vcater detention shall be provided as per City Engineedng requirements. 10, Ail utilities, including telephone and cable television, shall be installed underground. 11. A final site development plan shall be submitted in accordance with Section 44 of the Zoning Ordinance of the City of Dubuque, iowa. 12. A Property Owners Association shall be established. D. - eden Soace and Recreational Areas Open space and landscaping in the PUD Distdct shall be regulated as I follows: 1. Those areas not designated on the conceptual ptan for development shsi~ be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owner and/or association. E. Sic~n Re0ulations. Signs in the PUD District shsil be reguleted as followa: 1. Signs shall be allowed in the Planned Residential development in accordance with the R-4 Mule-Family Residential District sign regulations of the Zoning Ordinance. F, Transfer of Ownershi? Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the cond~ons authorizing the establishment of the DistricL G. Reclassification of Subiect Procerb/, The C~ of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-1 Single-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owners fail to complete or maintain any of the conditions of this ordinance. H. Modifications. Any modifications of this Qrdinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. ~ Recording. copy of this ordinance shall be recorded atthe expense of the property owners with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing 12 Regular Session, January 17, 2000 amendment nas heretofore been reviewed by the Zoning Commission of the City of Dubuque owa. Sectior 4. The foregoing amendment sha[I take effect upon publication, as provided by ~aw, and at such time that the herein described property is legally annexed into the City of Dubuque, ~owa. Passed, aooroved and adopted this 17th aayof January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 2-00 We, Robert and Mary Lou Mulgrew, and James Stock. property owners, having read the terms and conditions of the foregoing Ordinance No. 2-00 and being familiar with the conditions thereof hereby accept the same ane agree ro the conditions required therein. Dated this 17th day of January, 2000. By: Is/Robert Mulgrew By:./s/Mary Lou Mulgew By/si James Stock Published officially in the Telegraph Hera/d newspaper this 28th day of January, 2000. Mary A. Davis CMC, City Clark It 1/'28 Robbins moved final consideration aha passage of the Ordinance Seconded by Nicholson. Motion carded 7-0. Proof of publication certified to by the Publisher or Notice of Public Headng of the City's subordination of a mortgage interest in certain real estate oresented and read Buol moved that the proofs be received and filed Seconded by Michalski. Motion carried 7'-0. RESOLUTION NO. 12~00 RESOLUTION AUTHORIZING A SUBORDINATION AGREEMENT IN REGARD TO A MORTGAGE INTEREST IN CITY LOT 29, CITY LOT 30 AND SOUTH 1/3 OF CITY LOT 31 IN ORIGINAL TOWN, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas. pursuant to Resolution and published notice of time and place of hearing, the City Council of the of Dubuque. iowa. met on January 17, 2000, to consider the proposa! to dispose of interest in certain real estate by executing a Subordination Agreement for a Real Estate Mortgage filed November 16. 1998. as Instrument No. 18110-98 as to [he following described real estate: City Lot 29. City Lot 30 and the South 1/3 of City Lot 31 in Original Town, City of Dubuque, Dubuque County, Iowa: aha Whereas, the City Council overruled any and all objections, oral or wdtten. to dispose of interests of the City of Dubuque, iowa, in the hereinabove rea[ NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE iOWA: Section 1. That the Subordination Agreement attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized ana d~rectea to execute said Subordination Agreement on behaff of the City of Dubuque Iowa. Section 2. That the City Clerk is hereby authorized ana directed to deliver the executed Subordination Agreement and a ceCdtied copy of this Resolution to the Iowa Department of Economic Development. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoptiol~ of the resolution. Seconded Dy Michalski. Motion carded 7-C. Proof of publication certified to by [he Publisher on Notice of Public Hearing to lease space on the City water tank site at 4136 Pennsylvania Avenue to Nextel Corn to suppor~ a wireless telecommunication antenna facility, presented and reaa. Markham moved that the communication be received and tiled. Seconded By Robbins. Motion carried 7-0. RESOLUTION NO. 13-00 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND NEXTEL WIP LEASE CARP. FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACILITY Whereas. the City Council of the City of Dubueue Iowa encourages the expansion of wireless Reqular Session, January 17, 2D00 13 telecommunication services to its citizens, businesses, and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in [esidential areas, and Whereas, Nextal WIP Lease Corp. is the holder of a current Federal Communications Commission license to provide cer[ain wire[ess telecommunicafion seMces for sale and around the City of Dubuque, and Whereas, Nextel WIP Lease Corp. desires to expand ~s signal coverage area and enhance the quality and capac~ of its technical infrastructure by installing and operating a wireless telecommunicafion antenna facility on or near a water storage tank owned by the City of Dubuque, identified as site W~5, and located at 4136 Pennsylvania Avenue in Dubuque, and Whereas, the City of Dubuque desires to lease to Nextel WIP Lease Corp. certain space on top of the site W-5 water tank, along with adjacent ground space, for the purpose of installation and operafion of a wireless telecommunication facility, and Whereas, representafives of Nextel WlP Lease Corp. and of the City of Dubuque have negotiated terms for such a lease, a copy of which is attached hereto, which the City Council finds beneficial to the community. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached lease is hereby approved and the City Manager is authorized to sign and administer this lease on behalf of the City of Dubuque, provided that the lease is amended to include a provision permitting the City to direct Nextel to de-energize the transmitter(s) within a reasonable period of time after notice from the City to accommodate maintenance and repair of the water tank by City employees or subcontractors, Passed, approved and adopted this 17th day of January, 2000. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried Proofs of publication certified to by tile Publisher on Notice of Headng on Plans and Specs and Notice to Bidders on the Receipt of Bids for Reconstruction of the Elm Street Sanitary Sewer and City Manager recommending to award contract for project, presented and read. Michalski moved that the proofs and communication be received and filed. Seconded by Robbins. Motion carried 7~0. RESOLUTION NO. 14-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of December, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Elm Street Sanitary Sewer Reconstruction Project. Whereas, notice of hearing on plans, specificaticns, form of contract, and esfimated 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 January, 2000. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Michalski moved adopdon of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 15-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Elm Street Sanitary Sewer Reconstruction Project pursuant to Resolution No. 683-99 and notice to bidders published in a newspaper )ublished in the City of Dubuque, Iowa on the 28th day of December, 1999. Whereas, said sealed proposals were opened and read on the 11th day of January, 2000, and it has been determined that the bid of Drew Cook & Sons Excavating, Inc. of Dubuque, Iowa, in the amount of $91,459.76 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. Regular Session, January 17, 2000 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 Drew Cook & Sons Excavating, Inc. an<] the Manager be and is hereby directed [o execute a contract on behalf of the City of Dubuque for the complete 2erformance of the work BE IT FURTHER RESOLVED: That upon the slgmng of said contract and the approval of the contractor's bond, the City Treasurer is authorized an(] instructed to re[urn me bid deposits of the unsuccessfu bidders. Passed. approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski moved aooption of the Resolution. Seconded by Robbins. Motion carded 7-0. Robbins 'noved that the 'u~e be reinstated limiting the discussion to the Council Seconded by Nichoison. Motion carried 7-0. City Manager recommending approval of the final design conceet for Main Street from Fifth Street to Ninth Street Correspondence from property owners and business owners on Main Streel requesting that Main Street be opened to traffic from 9th to 5th. without parking; Monica Hoefer requesfing not to disrupt the Town Clock Plaza, presentec ano rea(]. Robbins moved that Ihe communications be received and filed. Seconded by Markham. Motion carried 7-0. John Butler of Cottingham and Butle- spoke requesting that Main Street be opened to mo way traffic with ~o parking. Dick Hartig of Hartig Drug Co., spoke of the petitions presentea and majority of businesses reauesting to open Main St. from =iffh to Ninth. Linda Herbsi of Herbst Upholstery spoke stating that as a small business at the end of Mafn St. she was never invited to any planning session. Rick Dickinson on behaff of CIGNA spoke requesting to proceed with the design as presented and to improve amenities in the downtown plaza. Nicholson moved to table action on this ma~[er. Secondec oy Cline. Carried Dy the following vote Buol Cline. Duggan, Michalski Nicholson. Nays--Robbias, Markham. City Manager recommending approval of fina plat for Woodland Ridge Subdivisio~ No 2, presented and teac. Robbins moveo that the communication De received and filed. Seconded by Nicholsor.. Motion carried 7-0. RESOLUTION NO. 1 $-00 A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND RIDGE SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas. there nas beer filed with the City Clerk a final plat of Woodland Ridge Subdivision No. 2 in the CAy of Dubuque, iowa: ano Whereas. upon said fina plat appear certain public utility, sanitary and storm and water main easements, which tne owners by said final plat have dedicated to the public forever; ano Whereas the preliminary plat qas been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said final peat has oeen reviewed by the City Planner and had her approval endomed thereon, subject to the owner agreeing to the conditions noted in Section 2 below: and Whereas, the street, sanitary sewer. storm sewer and water main have been constructed and/or bonded for as ear of Woodland Ridge Subdivision., approveo by Resolution No. 232-98: 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. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the dedications of easements for eublic utilities, sanitary sewer, storm sewer ano water mains as they appear upon said fins plat, be and the same are hereby accepted: and Section 2. That the plat of Woodland Ridge Subdivision No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of me City of Dubuque, Iowa, upon said final 3lat. Reqular Session~ January 17~ 2000 15 provided the owners of said property herein named, executed their written acceptance hereto attached; and Section 3. Sidewalk insfaIlafion shell be the responeib~ity of the owner of the property abutting the public rights-of- way, including lots with multiple frontages, as required by City Code 41- 161 through 41-164. The responsibility shall extend to all successors, heirs and aesignees. 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 percent of the lots approved by the plat have been developed. Ail vacant ~ots shall have sidewalks installed upon development of 80 percent of the lots by the plat. Section 4. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot 6) Woodland Ridge Subdivision shall be assessed against Lots 1 through 15 of Woodland Ridge Subdivision No. 2 and Lots 1, 2, 3, 4 and 20 of Woodland Ridge SubdMsion in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shell promptly cert~ such costs to the County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of [aw. Section 5. That in the event Turnberry, LLC shall fail to execute the acceptance 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 January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 16-00 We, the undersigned, Michael Steele, President, and Mark Meio, Vice President, representing Turnberry, LLC, having read the terms and conditions of the Resolution No, 16-00, and being familiar With the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day cf January, 2000. By: Is~ Michael Steele, President Tumberry, LLC By:./s/Mark Molo, Vice President Turnberry, LLC Robbins moved adoption of the reseiu'don. Seconded by Nicholson. Motion carried 7-0. i City Manager recommending to rename a portion of Cottingham Road to Seippei Road, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. An Ordinance changing the street name of the north 1,300 feet of Cottingham Road to Selppel Road, ~resented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 3-00 AN ORDINANCE CHANGING THE STREET NAME OF THE NORTH 1,300 FEET OF COTTINGHAM ROAD . TO SEIPPEL ROAD Whereas, the City of Dubuque City Council has approved widening, repaying, reconfiguration and extension of Seippel Road from Old Highway Road to the new Cottingham Road intersection all in the City of Dubuque, Iowa; and Whereas, City and County staff recommend that the street name be changed for consistency; and Whereas, the City Council desires to !change the above described north 1,300 feet of Cottingham Road to Seippel Road. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IQWA: Section 1. That the north 1,300 feet cf Cottingham Road be renamed to Selppel Read as shown on Exhibits 1 and2. Section 2. That the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon such changing of street names and to file notice of the change with the County Recorder, County Auditor and City Assessor of Dubuque, Iowa. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 21st day of 16 Regular Session, January 17, 2000 January, 2000. Mary A. Davis CMC, City Clerk It 1/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager recommending to rename a portion of Oak Street to Oak Court, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Changing the street name of the east 485 feet of Oak Street to Oak Court, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 4-00 AN ORDINANCE CHANGING THE STREET NAME OF THE EAST 485 FEET OF OAK STREET TO OAK COURT Whereas, the City of Dubuque City Council has approved the request of residents of 486 and 491 Qak Street to change the street name of the east 485 feet of Oak Street to Oak Court, all in the City of Dubuque, Iowa; and Whereas, City and County staff have reviewed the request and recommend that the street name be changed; and Whereas, the City Council desires to change the east 485 feet of Oak Street from the eastedy right-of-way line of Union Street extended northerly to the northerly r~ght-of-way of Oak Street eastedy to the east terminus of Oak Street in accordance with the odginal plat of"Union Addition", Dubuque Iowa, recorded in Deed Record Book "R" pages 100 and '101, to Oak Court. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the east 485 feet of Oak Street from the eastedy right-of- way line of Union Street extended northerly to the northerly right-of-way of Oak Street easterly to the east terminus of Oak Street in accordance with the odginal plat of "Union Addition", Dubuque iowa, recorded in Deed Record Book "R" pages 100 and 101~ be renamed to Oak Court as shown on Exhibit t. Section 2, That the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon such changing of street names and to file notice of the change with the County Recorder, County Auditor and City Assessor of Dubuque, Iowa. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and fur[her moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager submitting ordinance providing for amendment to Chapter 26 Housing Reguletion, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carded 7-0. An Ordinance Amending Chapter 26 of the Code of Ordinances relating to maintenance responsibilities of occupants for storage and disposal of garbage and adopting in lieu thereof a new Se~on 26-3(b)(2)c. relating to responsibilities for storage and disposal of garbage; and adopting in lieu thereof a new Section 26-100)(3)5. relating to exterior painted surfaces, )resented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 5-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, CHAPTER 26, HOUSING REGULATIONS, BY: REPEALING SECTION 26-3(B)(2)C, RELATING TO MAINTENANCE RESPONSIBILITIES OF OCCUPANTS FOR STORAGE AND DISPOSAL OF GARBAGE AND ADOPTING IN LIEU THEREOF A NEW SECTION 26- 3(B)(2)C. RELATING TO RESPONSIBILITIES FOR STORAGE AND DISPOSAL OF GARBAGE; REPEALING SECTION 26-10(J)(3)B. RELATING TO EXTERIOR PAINTED Regular Session~ January 17; 2000 17 SURFACES AND ADOPTING IN LIEU THEREOF A NEW SECTION 26- 10(J)(3)B. RELATING TO EXTERIOR PAINTED SURFACES. Now, therefore, be it ordained by the City Council of the City of Dubuque, Iowa: Section 1. Section 26-3(b)(2)¢. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-3(b)(2)c. is hereby adapted in lieu thereof: c. Storage and disposal of garbage. Every occupant of a dwelling shall dispose of rubbish, garbage, animal waste and other organic waste in a clean and sanitary manner by placing it in the supplied disposal facilities or storage containers required by this Code or by having it removed from the premises. Containers shall not be stored in a front yard area or on the front porch of the dwelling, unless the Housing O~cial determines that it is impractical to provide an alternate storage location. Section 2. Section 26-10(j)(3)b. of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 26-10(j)(3)b. is hereby adopted in lieu thereof: All exterior painted surfaces shall be free from loose, flaking or peeling paint, where surfaces are determined ts have lead-based paint. Surfaces without lead-based paint do not have to be scraped if the total area of defective paint is: 1. [ess than 10 square feet on an exterior wall or less than 2 square feet on any other exterior building component with a large surface area; or 2. less than ten percent (10%) of the total surface area on any exterior component with a small surface area. Repainting will be required only when the total area of defective paint is: 1. more than 10 square feet on an exterior wall or more than 2 square feet on any other exterior building component with a large surface area; or 2. more than ten percent (10%) of the total surface area on any extedor component with a small surface area. Section 3. This ordinance shall take effect immediately upon publication. Passed, approved and adopted this 17 day of January, 2000. Terrance M Duggan, Mayor Mary A Davis City Clerk Published officially in the Telegraph Herald newspaper this 21st day of January, 2000. Mary A_ Davis CMC, City Clerk It 1/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be tinally 3aesed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Micha[ski. Motion carried 7-0. APPOINTMENT of City's designees to DRA Board of Directors for calendar year 2000 (currently Mayor Terry Duggan, Council Members Roy Buol and John Markham, and City Manager Michael C. Van Milligen). Michalski moved to have the designees for the DRA Board stay as is. Seconded by Nicholson. Motion carried 7-0. Mayor and City Council appointments to various Boards and Commissions, Michalski moved to have Council Member Pat Cline take over the seats formerly held by Council Member Voetberg, except that the representative to the Sister City Committee be Council Member Markham. Seconded by Nicho[son. Motion carried 7-0. An Ordinance Amending Code of Ordinances Chapter 34, by adding to Article IV, Specific Parks, a new Section 34-132 to include John G. Bergfeld Recreation Area, with first reading on 12/6/99 and second reading 12/20/99 now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-00 AN ORDINANCE AMENDING CHAPTER 34, PARKS AND RECREATION, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING TO ARTICLE IV, SPECIFIC PARKS, A NEW SECTION 34-132, JOHN G. BERGFELD RECREATION AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: [8 Regular Session, January 17, 2000 Section I Chapter 34 of the City of Dubuque Code of Ordinances is hereby amended by adding thereto the following new section: Sec. 34-132. John G. Bergfeld :~ecreation Area: The following described parcel of 'eal estate is and shall be used for 9ublic park purposes and shall be continued to be ~:nown, caJled and ~amed as "John G~ Bergfeld :~ecreation Area" and placed under the .urisdiction of the Parks and Recreation Advisory Commission: Area surrounding the two ponds on the east and west sides of Seippel Road at the Dubuaue Industrial Center West Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 21st day of January, 2000. ~lary A. Davis CMC, City Clerk It 1/21 Buol moved final consideration and passage of the Ordinance. Seconded ny Nicholson. Carried by the following vote: Yeas-Buol, Cline, Markham, Nicholson. Robbins. Nays- Duggan, Michalski. An Ordinance Amending Section 34- 54 of Code of Ordinances prohibiting dogs, cats anc~ orner domestic animals - ~arks, however, does not apply to Miller-Riverview Park, Granger Creek Nature Trail and John G. Bergfeld Recreation Area, with first reading on 12/6/99 and second reading 12/~0/99, now presented for final action (OFFICIAL PUBLICATION) ORDINANCE NO. 7-00 AN ORDINANCE AMENDING SECTION 34-54 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROHIBITING DOGS, CATS AND OTHER DOMESTIC ANIMALS IN PARKS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 34-54 of the City of Dubuoue Code ef Ordinances is hereby amended to read as follows: Sec. 34-54. Dogs, Cats, and Other Domestic Animals: No person shall be permitted to bring into any park, any dog, cat or other domestic animal, nor shall any person permit such dog, cat or other domestic animals to run at large in any park: Any unattended animal shall be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. Notwithstanding the foregoing, leased dogs and cats shall be permitted in the fo[lowing: Miller-Riverview Park Granger Creek Nature Trail John G. Bergfeld Recreation Area Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carded by the following vote: Yeas-Buol, Cline, Markham, Nicholson, Robbins. Nays-- Duggan, MichaiskL City Manager recommending approval for proposed management practices for sanitary sewer maintenance near Catfish Creek, presented and read. Robbins moved that the communication be received and filed and recommendation approved~ Seconded by Buol. Motion carded 7-0. City Manager presented the Fiscal Year 2001 Operating Budget and Fiscal Year 2001-2005 Capital Improvement Budget. Zoning Advisory Commission advising of their approval to rezone property located in the 2000 block of Radford Road from AG to R-1 Single Family as requested by Don Bycreft and Joseph Siegert, presented and read. Michalski moved that the communication be received and filed~ Seconded by Robbine. Motion carried 7-0. An Ordinance Amending the Zoning Ordinance by reclassifying property located in the 2000 Block of Radford Road from AG Agricultural Distdct to R- 1 Single Family Residenfial District, presented and read. Micha[ski moved Reqular Session, January 17~ 2000 that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings pdor to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Headng be held on the proposed Ordinance on the 7th day of February at 6:30 P.M. in the Public Library Auditorium and that the C~ Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to rezone property leeated at 2239-2241 Central Avenue from R-2A Alternate Two- Family Residential to C-4 Downtown Commercial, as requested by Richard and Brenda Hartig, presented and read. Buo! moved that the communica~on be rece'rved and filed. Seconded by Markham. Motion carded 7-0. An Ordinance Amending the Zoning Ordinance by reclassifying property located at 2239-2241 Central Avenue from R-2A AJtemate Two-Family Residential District to C-4 Downtown Commercial District, presented and read. Buol moved thst the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings pdor to the Council mee~ng at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 7th day of February at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. City Manager submitting documents providing for installation of an elevator at the Locust Street Parking Ramp, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 17-00 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 Installation of a new Elevator in the Locust Street Ramp, in the estimated amount of $83,325.00 are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adop~on of the Resolution. Seconded by Nicholeen. Motion carried 7-0. RESOLUTION NO, 18-00 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 the public inspection of the Installation of a new Elevator in the Locust Street Ramp. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of February, 2000, a public hearing will be held at 6:30 P.M. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and Is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general cimulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolu~on. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 19-00 ORDERING BIDS NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL 20 Regular Session, January 17, 2000 OF THE CITY OF DUBUQUE, IOWA: That the installation of a new Elevator at the Locust Street Ramp is hereby ordered to be advertised far bids. 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 purchase of materials 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 r~ays pdor to the receipt of said bids au 2:00 p.m. on the 1st day of February 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 7th day of February, 2000. Passed, approved and adopted this 17th day of January, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson Vlotion carried 7-0. Approved ~ ~ ,2000 Adopted Council Members Attest~:f ~[¢~ Clerk At 9:00 P.M. Buol moved to go into Closed Session (c) To discuss strategy with counsel in matters where litigation is imminent and its disclosure wou~d be likely To prejudice or disadvantage the position of the governmental Doey in this litigation and (j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expectec to ~ncrease the price ~ne governmental body would have to pay for that property. Seconded by Nichoison. MoUon carded 7-0. At 9:30 P.M. Council reconvened Regular Session stating Staff had been given direction. There being no further business, Buo moved To adjourn the meeting. Seconded Dy Nicho]son. Motion carried 7-0. The meeting adjoumeo au 9:31 P.M t, la~ A. Davis CMC City Clerk