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2000 March Council ProceedingsRegular Session, March 6, 2000 67 DUBUQUE CITY COUNCIL OFFIC~L PROCEEDINGS City Council, Regular Session, March 6, 2000 Council met at 6:30 P.M., Public Ubrary Auditorium Present Mayor Duggan, Council Members Buol, Cline, Markham, Michaiski, 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. Invocafion was given by Pastor Woody Allabough of the Third Presbyterian Church. PROCLAMATIONS: "Mental Retardation Awareness Month" received by Kay Sendt of ARC of Dubuque; and "Toastmasters Month" received by Bob Eager and Ken Snodgrsss, MINUTES SUBMFCi'ED: Citizens with Disabilities Parking Review Committee of 1/26; Civil Service Commission of 2/16; Cable TV Regulatory Commission of 2/9; Five Flags Commission of 12.]20/99; Histodc Preservation Commission of 2]3; Housing Code Appears Board of 11/16/99; Housing Commission of 2/8; Human Rights Commission of 1/t0; Library Board of Trustees of 12/15/99, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 7-0, Proof of Publication for City Council Meeting of February 7, 2000, presented and read. Buol moved that the proof be received and filed. Seconded by Nichoison. Motion carded 7-0. NOTICES OF CLAIMS/SUITS: Virginia Becker in estimated amount of $155.08 for personal injuries; D. Ron McClain in estimated amount of $609.27 for vehicle damage; Theresa A. Pierce in estimated amount of $1,000 for personal injuries; Dan Kruse Pontiac in the ssiJmated amount of $1,500 for damages in connection with the allegedly improper towing of and damages to an abandoned car on which Kruse was the lienholder; River City Paving Division of Mathy Construction Company in the amount of $8,831.41 for labor and matadals provided on City project presented and read. Buol moved that the claims and I su~ be referred to the Legal Staff for invesfigation and report Seconded by Nkihoison. Motion carded 7-0. corporation counsel recommending set*dement of property damage claim Of Robert E. Anderson in the amount of $207, and Finance Director to issue check, presented and read~ Buol moved that the communication be received and filed and settlement recommendation approved. Seconded by Nicholson. Motion carded 7-0. Communication of Nathan R. and Nico!e D. Baker presenting petition to raise the speed limit on Pennsylvania Avenue from John F. Kennedy Road to University Avenue from 25 miles per hour to 35 miles per hour and to change the lane markings, presented and read. Michalski moved that this be referred to the City Manager. Seconded by Nichoison. Motion carded 7-0. Communication of Building Services I Ma~ager Rich Russe advising of resignation of Tim Pancralz from the J Building Code Board of Appeals, presented and read. Buol moved that the communication be received and I filed and resignation accepted with regret. Seconded by Nicholson. I Motion carried 7-0. Communica'don of Dubuque Main Street, Ltd., requesting an official evaluation and re-visitation of the 1994 Reinvestment Strategy and the 1996 Place Marketing Strategy for the Histodc Old Main District, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carded 7-0. Communication of Joe Link, Dubuque Community School District, thanking the City for support of the Prescott School playground equipment and improvements project, presented and read. Buol moved that the 68 Regular Session, March 6, 2000 communication be received and tiled. Seconded by Nicho]son. Motion carried 7-0. - Communication of Jim Stock, Jim Stock Construction Co:, regarding Oak Meadows II (Deerwood Circle) improvements, presented and read. Buol moved that the communication be received and tiled and referred to the City Manager. Seconded by Nicho[son. Motion carried 7-0. City Manager recommending adoption of two resolutions relating to the recent closing on land for the Eagle Window and Door Company project, presented and read. Buol moved that the communication be received and filed. Seconded by Nicho[son. Motion carded 7-0 RESOLUTION NO. 68-00 RATIFYING THE EXECUTION AND DELIVERY OF A DEED TO CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, IOWA TO OTTO A, LLC WHEREAS, Resolution No. 82-99. adopted on February 15, 1999, approved the Development Agreement providing [or the dispeaitior of the following described real property in Dubuque County, Iowa: Lot 3 of Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof; and WHEREAS pursuant to said resolution, a Specia Warranty Deed was executed by the Mayor and City Clerk on February 14 2000, and delivered to Otto A. LLC on February 15. 2000. ~OW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The execution and delivery of the above-descdbed deed is hereby ratified. 2. The C~ Clerk is hereby directed to record a copy of this resolution with the Dubuque County Recorder Passed approved and adooted 1~is 6'" day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk i~uol moved armDtior of the resolution. Seconded by Nicholson. Motion carded 7-0 RESOLUTION NO. 69~00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM JOHN P. MIHALAKIS AND RICHARD L. BILLMEYER WHEREAS, the City of Dubuque on February 15, 1999, entered into an Agreement for the Exchange of Land with John P. MihalakJs and Richard b Billmeyer for the purchase of the following described real property in Dubuque County, Iowa: Lot 3 of Kerper Industrial Park in the City of Dubuque, Iowa, according to the recorded plat thereof, subject only to easements, resthctions, conditions and covenants of record; and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA, AS FOLLOWS: 1. The City of Dubuaue hereby accap[s the Deed from John P. Mihalakis and Richard L. Bil[meyer. a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed approved and adopted this 6~ day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an Assumption Agreemen[ for property located au 101-123 Main Street. presented and read. Buol moved that the communication be received and tiled. Secondec by Nicholson. Motion carded 7-0 RESOLUTION NO. 70-00 A RESOLUTION APPROVING AN ASSUMPTION AGREEMENT FOR PROPERTY LOCATED AT 101-123 MAIN STREET. Whereas, the City of Dubuque, Iowa, provided a Commercial/Industrial Building Rehabilitation Loan to William Hos and Sidney Wallace on May 7. 1996 for the exterior rehabilitation of proper~y located at 101-123 ~lain Street: and Whereas. the City of Dubuque approved Sidney and Colleen Wallace [o assume the mortgage ano promissory note liab~ity on February 15, 1999 by Resdiution 65-99: and Whereas. Sidney and Colleen Wallace are proposing to sell the property to Anthony Kemp and William Regular session, MarCh ~; ~b~0 69 Barrick; and Whereas, Sidney and Colleen Wallace have asked the City to transfer their liability for the mortgage and promissory note liability associated with said property to Anthony Kemp and William Barrick; and Whereas, the Assumption Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and condi~ons of the agreement. NOWi THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assumption Agreement is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Assumption Agreement. Passed, approved and adopted this 6t~ day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carded 7-0. City Manager recommending approval of a lease amendment with Flynn Ready-Mix Co., which extends their occupancy to September, 2001, presented and read. Bucl moved that the communication be received and filed and recommendation approved. Seconded by Nichoison. Motion carded 7-0. City Manager recommending acceptance of Bunker Hill Golf Course Wsstewater Pump Station and Force Main project, presented and read. Buo[ moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 71-00 ACCEPTING IMPROVEMENT WHEREAS, the contract for the BUNKER HILL GOLF COURSE WASTEWATER PUMP STATION AND FORCE MAIN PROJECT has been completed and the City Manager has examined the work and filed his cedJficata stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said ~mprovement 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 General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 72-00 FINAL ESTIMATE WHEREAS, the contract for the BUNKER HILL GOLF COURSE WASTEVVATER PUMP STATION AND FORCE MAIN PROJECT has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of sstJmatas, notices and inspection and ali 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 $39,534.94 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of March, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. March 1, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Engineering Assistant II was given. This exam Was evaluated by City staff and final scoring approved. We hereby certify that the following individual has passed this wdtten examination and the vacancy for this )osition should be made from this list We further state that this list is good for two (2) years from above date. ENGINEERING ASSISTANT II Todd Irwins Respecttully submitted, 70 Regular Session, March 6, 2000 /si Merle J. Duehr, Jr. Chairperson Is/Lores J. Kluesner. Civil Service Commission Buol moved that the above Civil Service ceYdflcation 3e made a matter of record. Seconded by Nicholson. Motion carded 7-0. C~ Manager recommending acceotance of the Greyhound Park HVAC Equipment Project, presented and read. Buol moved that the commumcation be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 73-00 ACCEPTING IMPROVEMENT Whereas the contract for the Dubuque Greyhound Park & Casino - Air-Conditioning Un[ts Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according [o The terms of the contract, clans and specifications and recommends its acceptance. 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 improvemen[ be ano 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 Dubuque Racing Association Fiscal Year 1998 Budge[ an amount equa~ to the amount of this contrac[, less any ratainec percentage provided for therein. Passed, approved and adooted this 6th day of March, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buol moved adoption of the resolution. Seconde(~ by Nicholson Motion carded 7~0. RESOLUTION NO. 74-00 FINAL ESTIMATE Whereas the contract for the Dubuque Greyhound Park & Casino - Air-Conditioning Units Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, r~ofices 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 cos[ of said improvement is hereby determined to be $148.248.00 and the said amount shall be paid fram the Dubuque Racing Association Fiscal Year 1998 Budget of the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of March 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the resolution. Seconded Dy NichoJson. Motion carried City Manager recommending acceptance of the 17th Street Curb Ramp installation Project, ~resented and reao. Buol movec that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 75-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Curb Ramp Installation - 17th Street Area has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. 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 accepteo BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay [o the contractor from the Fiscal Year 1999 ano 2000 Sidewalk Program City-Owned Property and Related Curb and Catch Basin Replacements in amount equal to the amount of this contract, [ess any retained percentage provided for therein. Passed, approved and adopted this 6th day of March, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buol moved adoptior of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO, 76-00 FINAL ESTIMATE Whereas, the contract for the Curb Ramp Installatior - 17th Street Area has 3eon completed and the City Engineer ~ss submitted his final estima[e showing the cost thereof including the cost of estimates, notices Reqular Session~ Ma£ch 6 2000 71 and inspection and ali 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 $75,596.22 and the said amount shall be paid from the Fiscal Year t999 and 2000 Sidewalk Program - City- Owned Property and Raia~ed Curb and Catch Basin Replacements of the City of Dubuque, iowa. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending appraval of a grant applicafion in the amount of $100,000 to the Iowa Department of Natural Resources for the Riprow Valley Project, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carded 7-0. City Manager recommending a funding agreement with the Iowa Department of Transportation for sidewalk repairs on the U.S. 20 Overpass, presented and read. Budi moved that the communication be received and filed. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 77-00 RESOLUTION APPROVING PROJECT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO REPAIRS TO THE NEWLY- CONSTRUCTED SIDEWALK AT THE APPROACHES TO THE GRANDVIEW AVENUE AND FREMONT AVENUE BRIDGES AT U.S. 20 Whereas; the Iowa Department of Transportation constructed overpasses at Grandview Avenue and Fremont Avenue as part of U.S. 20 Reconstruction Project; and Whereas, said bddge structures included the installation of sidewalks on both sides of each bridge structure; and Whereas, portions of the approach sidewalk have setfied in relation to the structural sidewalk on the bridges; and Whereas, the settlement of these public sidewalks is in need of immediate repair; and Whereas, the Iowa Department of Transportation has agreed to fund said repairs. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Agreement 93-3- 033 consisting of an agreement providing for repairs to the approach sidewalks to the Grandviaw Avenue and Fremont Avenue bridges on U.S. 20 be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this agreement providing for IDOT funding of the repairs and forward the executed copies to the Iowa DeparLment of Transportation for their approval. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk Buol moved adoption of the resolufion. Seconded by Nichaison. Motion carded 7-0. Copy of letter to State Legislators supporting the proposed change to the contribution rate for the Municipal Fire and Pdiice Reflrament System of iowa, presented and read. Buol moved that the communication be received and filed. Seconded by Nichdison. Motion carried 7-0. Copy of letter to State Legislators stating the City does not support new mandates regarding taxing authority for cities, presented and read. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. Communication from Dan LoBianco, Dubuque Main Street, Ltd., regarding revised direction for Main Street development, presented and read. Buol moved thst the communication be received and filed. Seconded by Nichdison. Motion carried 7-0. Communication from J. Steven Horman, Dubuque Area Chamber of Commerce, concerning the future of Town Clock Plaza, presented and read. Budi moved that the communication be received and filed. Seconded by Nicholson. Morion carried 7-0. City Manager recommending execution of a contract with the Iowa Department of Economic Development for a Local Housing Assistance 72 Regular Session, March 6, 2000 Program Award for the Maria House project, presented and reaa Buol moved that the communication received and filed. Seconded by 'Nicho[son. Motion carded 7-0. Communication from the owa Department of Transportation advising of their intent [o let an Asphaltic Cement Crack Sealing project on March 21, 2000 for portions of U.S. 61 presented and read. Buol moved that the communication De received and filed. Seconded by Nicholson. Motion carded 7-0. Communication from the Department of the Navy announcing that the "River of Dreams" Partnering Conference will be held June 15-17 2000 in St. Louis, Missouri, presented and read. Buol moved that the communication be received and flied Seconded by Nicholson Motion carded 7-0 RESOLUTION NO. 78-00 Whereas. applications for . Beer Permits have oeen 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, E~E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be aethodzed to cause to be issued the following named applicants a Beer Permit. CLASS "B' BEER PERMIT Kids World Pizza Place Kids World Pizza Place+(Sunday Sale) 3033 Asbury Rd 8th Inning LLC 8th Inning +(Sunday/Outdoor Sale) 1 Admiral Sheehy Dr CLASS "C" BEER PERMIT Lynn Kruser KC's Downtown Auto Center 205 Locust St Passed. approved and adopted this 6th day March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved aaoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 79-00 Whereas, applications for Liquor Licenses have been submitted [o this Council for approval and the same have been examined and approved; and Whereas. the premises [o be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have tiled 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 name(: applicants a Liquor License. CLASS "C' (COMMERCIAL) BEER/LiQUOR LICENSE Enke Investment Co~ Finney's Bar & Grill+(Sunday Sale) 2155 Southpark Ct Dubuque Racing Assoc. DBQ Greyhound Park/Casino +(Sunday/Outdoor Sale) 1855 Greyhound Park Neighbor's Inc Neighbor's Tap 1899 Rockdale Rd M & K Ltd The Yardarm+ (Sunday/Outdoor Sale) 1201 Shiras St Ex Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carded 7-0. Robbins moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Michalski. Motion carried 7-0. Proof of publication, certified to by the Publisher, on Notice of Public Headng to amend the ID Institutional Distdct for Lores College, presented and read. Robbins moved that the proof be received and filed. Seconded by Nicho[son. Motion carded 7-0. Mr. Jim Collins, VP of Loras, James Baird & Dennis Vogel, of Ho[abird & Root Architectural Firm. gave a short presentation of the proposed mew building. An Ordinance Amending the Zoning Ordinance of the City of Dubuque Code of Ordinances by Providing for the Amendment of Ordinance ~/'2-90 and Approving an Amended Campus Development Plan for the Loras College ID Inatitutiona! District. with first and second readings given on 2/21/00. now presented for final action. Regular Session, MatCfi 6, ~000 (OFFICIAL PUBLICATION) ORDINANCE NO. 18-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 2-90 AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE LOP, AS COLLEGE ID INSTITUTIONAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances and Ordinance 02-90 be amended by adopting a revised campus development plan, a copy of which is attached to and made a part hereof, for the Loras College ID Institutional District, to wit: Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of Mineral Lot 91; Lot 1 and Lot 2 of Lores College Place; Lot 1 and Lot 2 of City Lot 742; Lot 1, Lot 2 and Lot 3 of City Lot 741; City Lot 714; Lots 20 through and including Lot 33 of Levins Addition; all of the alleys in Levins Addition; Lot 15 through and including Lot 18 of Kdngle Addition; Lots 30 through and including Lot 43 of Yates SubdMsion; Lots 32A, Lot B and Lot C ail of Yates Subdivision; Lot 1 and Lot 2, and Lots 12 through and including Lot 15, all of Henion and Baird Subdivision; Lots 1 through and including Lot 8 of Hodgdon SubdMsion; Lot A of Hodgdon Subdivision; Lot 820 and Lot 821 cfA. McDaniels SubdMsion; the West 53 feet of Lot 20 of Morgan's SubdMsion; Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3, and Lot 2 of Lot 4, all of Yates and Pickett SubdMsion; Lot 2 of Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot 77, Eot 2 of Lot 78, Lot 2 of Lot 79, Lot 71A, Lots 69 through and including Lot 71, Lots 63 through and including Lot 67, Lot 80, and Lot 2 of Lot 81A, all of A.P. Woods Addition; and the alley from Blake Street East except the portion adjoining Lot 2 of Lot 73 of A.P. Woods Addition; all of Helena Street;, all in the City of Dubuque, Iowa. Section 2. That pursuant to Iowa Code Section 414.5(1993) and as an express condition of amending the Loras College ID Institutional District, the undersigned property owner(s) agree(s) to the following conditions, all ' of which the properly owner(s) further agree(s) 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 all uses made of land in the above described ID Institutional District: 1) PfinciDal permitted uses shall be limited to: a) Colleges and universities b) Vocational schools c) Seminaries d) Offices for administrative personnel or other institutional emptsyess and affiliates e) Churches, libraries, and museums f) Classrooms, laboratudes, lecture hails, and similar places of institutional assembly g) Off-street parking and loading h) Recreational or athletic facilites for the primary use and benefit of institutional residents or affiliates i) Single-family, two family or multi- family dwellings for the housing of institutional residents or affiliates 2) Accessory Uses. The fo[lowing uses shall be permitted as accessory uses in the above-described ID institutional District: a) Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b) Ali uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but notto include commercial use outside the principal building. 3) No conditional uses shall be allowed. B. Lot and ~ulk Re~]ulafions. Development of land in the ID Institutional District shall be amended as follows: The proposed Academic Resource Center shall be located in conformance with the attached campus development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1) New outdoor lighting for the proposed Academic Resource Center 74 Regular Session, March 6, 2000 shall use at least 90 degree cutoff light fixtures. 2) Landscaping shall be provided in compliance with Section 4.4 of the Zoning Ordinance. 3) All utilities including telephone and cable television shell be installed underground. 4) Final site development plans shall be submitted in accordance with Section 4.4 of the Zoning Ordinance. D. Parkina Reouiremants The off-street parking requirements for [he principal permitter uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use. as herein described: 1) A m,nimum of 1.045 off-street parking spaces shall be maintained for [he Lores College Institutional District 2) Any significant expansion or reduction in the number of off-street earking spaces must be reviewed Dy Planning Service~ Staff for compliance with the adopted Institutional distdct requirements. E. eden Snare and Recreational Areas Those areas not designated on the conceptual develooment plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. F. Sian Reaulafions The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Section 4-3.11 of the Zoning Ordinance. G. Additional Standards 1) That all previoueiy approved cart 3us development plans are hereby amended to allow for the attached conceptual development plan. H. Transfer of Ownership Transfer of ownership or lease of property in this D In~tutional District shall include the transfer or ease agreement a prows~on that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. I. ~/led~mfions Any modifications of this Ordinance must be approved by the C~ Council n accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recordinn A copy of this ordinance sha[ be recorded at the expense of the proper~y owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted es pan of this reclassification approval within ten (10) aays of the adoption of this ordinance This ordinance shall be binding upon the undersigned and all his/her heirs successors aha assignees. Section 3. That the foregoing amendment has heretofore tieer reviewed by the Zoning Commission of the City of Dubuque, iowa. Section 4. That the foregoing amendment shall take effect upon publicafion, as provided by law. Passed, approved, and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider. Cit7 Clerk ACCEPTANCE OF ORDINANCE NO. 18-00 I, Joachim Froehlich, President Lores College, having reea the terms and conditions of the foregoing Ordinance No.18-00 and being familiar with the conditions thereof, hereby accep~ the same anc agree to the conditions required therein. Dated this 28th day of February, 2000. By: /s/Joachim Froehlich President Lores College Published o~eieily in the Telegraph Herald newspaper this 10th day of March 2000. Jeanne F. Schneider City Clerk It 3/10 Robbins moved final consideration aha passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0 Proof of publication, certified to by the Publisher. on Notice of Public Headng to consider disposing of the City's interest in Lot C of Medical Associates Subdivision aha Lot C of Medical Associates Subdivision No. 2 and City Manager recommending to proceed with vacation and sale of property, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 80-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT C OF MEDICAL ASSOCIATES SUBDIVISION AND LOT C OF MEDICAL ASSOCIATES SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and Regular Session, March 6, 2000 75 published notice of time and place of headng, published in the Telegreph Here[d, a newspaper of generel circblation published in the City of Dubuque, Iowa on 'the 23rd day of February, 2000, the City Council of the City of Dubuque, Iowa met on the b-'th day of Mamh, 2000, at 6:30 p.m. in the Public Librery Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate dsscdbed as: Lot C of Medicat Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overrdied any and all obje~ons, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 in the City of Dubuque, Iowa to Medical Associates Realty, L.P. be and the same is hereby approved for the sum of $300 plus cost of publication, platting and tiling fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Medical Associates Rea[ty, L.P. upon receipt of the purchase price in full Sec~ea 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Robbins moved adoption of the Resolution. Seconded by Mishaiski. Motion carried 7-0. Proof of publication, certified to by the Publisher, on Notice of Public Hearing to consider disposing of the City's interest in Lot 22 of Glenview Addition in the City of Dubuque and City Manager recommending to proceed with sale of property, presented and read. Markham moved that the proof and communication be received and tiled. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 81-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 22 OF GLENVIEW ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of headng, published in the Telegraph Hereld, a newspaper of general circul~on published in the City of Dubuque, Iowa on the 25th day of February, 2000, the City Council of the City of Dubuque, Iowa met on the 6th day of March, 2000, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate dsscdbed as: Lot 22 of Glenview Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sail such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 22 of Glenview Addition in the City of Dubuque, Iowa to John C. and Margaret A. Hendry be and the same is hereby approved for the sum of $483.00 plus cost of publication, platting and tiling fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the fight of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, lows. Section 3. That an ingress and 76 Regular Session, March 6, 2000 egress easement be established over and across Lot 22 of Glenview Addition n the City of Dubuque for the benefit of Lot 1 of the Subdivision of Lots 1-20 1- 21. 1--22. 1-23. 1-24. and Lot 19 all in Shipton's Addition. Section 4. That the Mayor De authorized and directed to execute a Quit Craim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to John C and MargaretA. Hendry upon receipt of the pumhsse pdce in full. Section 5 That the City Clerk be and is hereby authorized and directec ro record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed. approved and adopted this 6th day of March, 2000 Terrance M. Duggan, Mayor Attes[: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. Proofs of publication, certified m by the Publisher, on Notice of Public Hearing on Plans and Specs ana Notice to Bidders on the Receipt of Bids for Construction of the Cox Street Storm Sewer Rehabilitation Project and City Manager recommending to award contract for project, presented and read. Michalski moved that the proofs and communication be received and tied. Seconded by Nicholson 'vlotion carded RESOLUTION NO. 82-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd aay of February, 2000, plans, specifications form of con[ract and estimated cos[ were filed with the City Clerk of ~ubuque, owa for the Cox Street Storm Sewer Rehabilitation Project. Whereas. notice of headng on plans, specifications, form of contract, anc estimated cost was published as required by law. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the said plans, specifications. form of contract and ~stimated cost are hereby approved as the plans, specifications, form of contract ana estimated cost for said improvements for said project. Passed, adopted and approved this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adopuon of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 83-00 AWARDING CONTRACT Whereas sealed 9roposa[s have been submitted by contractors for the Cox Street Storm Sewer Rehabilitation Project pursuant to Resolution No. 44- 00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of February, 2000. Whereas, said sealed proposals were opened and read on the 24th day of February, 2000. and it has been determined that the bid of Insituform Technologies, Inc. of Lemont. Illinois. in me amount of $32,956.00 was tne lowest bic for the furnishings of all labor and materials and 9erforming the work as provided for in the clans and specifications. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the contract for the above 'mprovemen[ be awarded to Insituform Technologies, Inc. and the Manager be and is hereby directed [o 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 'eturn the bid deposits of the unsuccessful bidders Passed. approved and adopted this 6th day of March, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of pubiicetion, certified to by the Publisher. on Notice of Public Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Expansion of the Fifth Street Parking Ramp and recommending ro award contract for project, presented and read. Buo] moved that the proofs and communication be received anc filed Seconded by Nicholesn. Motion carried 7-0. RESOLUTION NO. 84-00 ADOPTING PLANS AND SPECIFICATIONS Whereas. on the 7~ day of February, Reqular Session, March 6~ 2000 ' . 77 2000, plans, specifications, form of contract and esfimated cost were filed with the City Clerk of Dubuque, Iowa, for the expansion of the Fifth Street Ramp phase two. 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 plans, specifications, form of contract and cost in the amount of $1,987,042.00 are hereby approved for said project. Passed, approved and adopted this 6~ day of March, 2000, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 85-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contrastom for the expansion of the Fifth Street Ramp phase two and notice to bidders has been published in a newspaper published in the City of Dubuque, Iowa on the 25~h day of February, 2000; and Whereas, said sealed proposals were opened and read on the 29~ day of February, 2000 and it has been determined that the bid of Conlon Construction Company in the amount of One million nine hundred eighty- seven thousand and forty-two dollars ($1,987,042.00) was the lowest bid for furnishing materials as provided for in the ptans and specifications. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above construction be awarded to Conlon Construction Company and the Manager is hereby authorized to execute a contract on behalf of the City of Dubuque. Passed, approved and adopted this 6~h day of March, 2000. Terrance M. Duggan, Mayor Attest Jeanne Schneider~ City Clerk Buol moved adoption of the resolution. Seconded by Nicholecn. Motion carried 7-0. Proof of publication, cedJfied to by the Publisher, on Notice of Public Headng to consider two agreements to enable shadng of City-owned communication conduit, presented and read. Buol moved that the proof be received and flied. Seconded by Markham. Motion cafiied 7-0. Michalski moved that the rule be reinstated limiting discussion to the Council. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Section 4- 46(a) of the City of Dubuque Code of Ordinances providing for the membership of the Airport Commission, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 19-00 AN ORDINANCE AMENDING SECTION 4-46{a) OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE MEMBERSHIP OF THE AIRPORT COMMISSION NOW, THEREFORE, BE El- ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. Sec. 4-4B(a) of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 4-46. Appointment; Terms: (a) The Airport Commission shall have a membership of five (5) persons: four members appointed by the City Council for four (4) year terms and one member of the City Council whose term shall be for one year. The initial appointment of the City Council member shall expire on January 15, 2001. Such members shall serve without compensation. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 6th day of March, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 2000. Jeanne F. Schneider, City Clerk It 3/10 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 )assed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Buol moved that City Council Member John Markham be appointed for a one year term to the Airport Commission which will expire 1-15-01. 78 Regular Session, March 6, 2000 Seconded by Nicholson. Motion carded 7-0. City Manager recommending that parking be removed on the south side of Overview Court to the cul-de-sac, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending the Code of Ordinances prohibiting parking on designated streets or portions thereof adding Overview Court, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 20-00 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF ADDING OVERVIEW COURT NOW, THEREFORE BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding to Subsection (d) of Section 32-262 the following: Overview Court, south side. from South Grandview Avenue to its westerly terminus. Passed. approved and adopted this 6th day of Mamh. 2000 Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March 2000. Jeanne F. Schneider, City Clerk It 3110 Micha[ski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pnor to the meeting at which it is to be finally passed be suscended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. City Manager recommending approval of a request from Farmland Foods to close out the job creation portion of the CEBA and CDBG loans with FDL Foods, Inc. presented and read. Markham moved that the communication be received and filed anc recommendation approved. Seconded by BuoL Motion carded 7-0. City Manager recommending approval for a grant application for an additional traffic specialist for the Police Depar[ment, presented and read. Nicholson moved that the communication be received and ti~ed and recommendation approved. Seconded by BuoL Motion carried 7-0. City Manager submitting documents providing for construction of the Skateboard Park Concrete Slab, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. VJotion carded 7-0. RESOLUTION NO. 86-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the 3roposed 3lans: specifications, form of contract and estimated cost for the SKATE PARK CONCRETE SLAB CONSTRUCTION, in the estimated amount of $35,000 are hereby approved and ordered filed in the office of the City' Clerk, for public inspection. Passed, approved and adopted this 6th day of March, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson Motion carried 7-0. RESOLUTION NO. 87-00 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 public inspection of the SKATE PARK CONCRETE SLAB CONSTRUCTION. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 3rd day of Apdl, 2000. a public hearing will be held at 6:30 3.m in the :ublic Library Auditorium. at which time interested ~)ersons may appear and be heard for or against the proposed plans and specifications form of contract and cost of said improvement, ano the City Clerk be and is hereby directed to cause a notice of time and place of such Regular Session, March 6~ 2000 79 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, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 88-00 ORDERING BIDS BE tT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the SKATE PARK CONCRETE SLAB CONSTRUCTION is hereby ordered to be adveCdsed 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 t~venty days prior to the receipt of said bids at 2:00 p.m. on the 21st day of March, 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 3rd day of Apdl, 2000. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager submitting documents providing for improvements at the intersection of Fengler Street and Kerper Boulevard, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 89-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the preposed plans, specifications, form of contract and estimated cost for the Fengler and Kerper Intersection Project, in the estimated amount of $264,092.09, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 90-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary apprcval 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 Fengler and Kerper ' Intersection Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of April, 2000, a public hearing will be held at 6:30 ~.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 pdor to the day fixed for its consideration. At the headng, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robb[ns moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. 80 Regular Session, March 6, 2000 RESOLUTION NO. 91-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, OWA: That the Fengler and Kerper Intersection Project is hereby ordered to be advertisec for bids for construction. BE IT FURTHER RESOLVED. that the amount of the security to accompany each bid shall 3e In a~ amount which shall conform to the provisions of the not[ce to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adverse 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 [ess than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6th day of April, 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 7:00 9. m. on the 17th day of Apdl, 2000. Passed, adopted and approved this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0 City Manager submi~ng documents providing for asbestos removal and demolition of the Dolan Building, presented and reaa Robbins moved that the communication be received and filed Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 92-00 RESOLUTION ORDERING BIDS AND FIXING DATES OF HEARING ON PLANS AND SPECIFICATIONS FOR ASBESTOS REMOVAL FROM THE DOLAN BUILDING (330-336 MAIN STREET) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk [s hereby authorized and directed to advertise for bids for asbestos removal from the Dotan building, in the form of Exhibit "A" attached hereto and made a par[ hereof. Section 2. That on the 20th day of March. 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 eians and specifications and form of contract for the removal of asbestos From the Dolan Building (330-336 Main Street). Section 3. That the City Clerk s hereby directed to cause notice of the time an(] place of such headng [o be published in a newspaper having general circulatior in the City of Dubuque, owa. which notice shaJl be not less than four days nor more than ~venty days 9dor to the day of the headng. Passec. adopted and approved this 6'" day of March. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resoJution. Seconded by Nicholson. ~ot~on carded 7-0. RESOLUTION NO. 93-00 RESOLUTION ORDERING BIDS AND FIXING DATES OF HEARING ON PLANS AND SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF THE DOLAN BUILDING (330-336 MAIN STREET) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the City Clerk is hereby authorized and directed to advertise for bids for demolition and site clearance of the Dolan building, in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That on the 3rd aay of April, 2000. ~ public headng will be held at 6:30 9.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications and form of contract for the demolition and site clearance of the Dolan Building (330-336 Main Street). Section 3 That the City Clerk is hereby directed to cause notice of the time and pl~ce of such headng to be eubiished in a newspaper having general circulation in the Cb of Dubuque, iowa, which notice shall be not less than four days nor more than [wenty days prior to the day of the hearing. Passed. adopted ant approved this 6~" day of March. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Regular Session, March 6~2000 81 City Manager recommending that a public headng be set for March 20, 2000, to consider a request to vacate a portion of Front Street, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 94-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED A PORTION OF FRONT STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 18~ 2000, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Front Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE~ IOWA: Section 1. That the plat dated January 18~ 2000, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. Thatthe City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, flood,vail levee, and electric lines as may be authorized by the City cf Dubuque, Iowa: Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholsen. Motion carded 7-0. An Ordinance Vacating a portion of Front Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 21-00 ORDINANCE VACATING A PORTION OF FRONT STREET Whereas, Dubuque Boat Club, Inc. has requested the vacating of a portion of Front Street;, and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated posen of Front Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 356A of Ham's Addition in the C~ of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that this poRtion of Front Street is no longer required for public use, except for utility easements as noted, and vacating of said portions of Front Street known as Lot 356A of Ham's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the real estate described as Lot 356A of Ham's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. Thatthe City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operalJng, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, floodwal[ levee, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 6th day of Marchl 2000 Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of March, 2000. Jeanne F. Schneider, City Clerk It 3/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Mee~ngs prior to the meeting at which it is to be finally ~asesd be suspended and further moved final consideration and passage of the Ordinance. Seconded by Niche[son. Motion carded 7-0. RESOLUTION NO. 95-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 356A OF HAM'S ADDITION, DUBUQUE, IOWA Regular Session, March 6, 2000 Whereas, Dubuque Boot Club, Inc. nas requested the vacating of a portion of Front Street. Whereas IIW Engineers & Surveyors. P.C. nas preparec ano submitted to the City Council a showing the vacated portion of Front Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 356A of Ham's Addition in the City of Dubuque, iowa; and Whereas. the City Council of the City of Dubuque Iowa has determined that this portion of Front Street is no longer required for public use, except for utility easements as noted and vacating and sale of said portion of Front Street known as Lot 356A of Ham's Addition in the City of Dubuque, Dubuque County, Iowa shourd be approvea NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1. Thstthe City of Dubuque intends to dispose of its interest in Lot 356A of Ham's Addition in the City of Dubuque, rowa. Section 2. That the conveyance of Lot 356A of Ham's Addition in the City of Dubuque, Iowa to the Dubuque Boat Club, Inc. be contingen[ upon the rec~pt of deeds for Lots 350. 351. 352. and 353 of Ham's Addition in the C~ of Dubuque, Iowa. plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, nstalling, . constructing, reconstructing, repa~nng, owning, operating, and maintaining water. sewer, drainage, gas, telephone, t_v. cable, floodwall levee, and electric lines as may be authorized by the City of Dubuque, iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed. appreveo and adopted this 6th day of March, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moveo adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 96-00 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON VOLUNTEER DRIVE TO THE C~Y OFDUBUQUE Whereas, the City of Dubuque entered into an agreement with Dubuque Boat Club, inc., Dursuan~ m which Dubuque Boat Club, inc. agreed [o convey Lots 350. 351,352, and 353 of Ham's Addition in the City of Dubuque, Iowa; and Whereas. Dubuque Boat Club. Inc. nas 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. acceprs and consents to the Warranty Deed from Dubuque Boat Club, Inc., copies of which are attached hereto, as required Dy iowa Code Section 569.7. Section2. The Mayor is hereby authorized and directed to execute and acKnow~eoge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution Seconded by Nichoison. Motion carded 7-0. City Manager recommending acceptance of the Southfork Interceemr Sewer - Phase I project and that a public hearing be set for Apdl 3, 2000, [o establish connection fees for the sanitary sewer, presented and read. Buol moved that the communication be received and flied. Seconded by Niche[son Motion carried 7-0. RESOLUTION NO. 97-00 RESOLUTION PROVIDING FOR NOTICE OF THE DATE, TIME AND PLACE OF A PUBLIC HEARING ON AN ORDINANCE ESTABLISHING THE SOUTHFORK SANITARY SEWER INTERCEPTOR DISTRICT - PHASE I AND A SCHEDULE OF CONNECTION FEES Whereas, the City Council of the City of )ubuque, owa proposes to establish, by Ordinance after notice of a public headng, the Southfork Sanitary Sewer Interceptor District - Phase I and to provide a schedule of connection fees therefor, and Whereas, Iowa Code Section 384.38(3) requires notice and a public headng on such Ordinance: NOW, THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL Regular Sessioni March 6;,2000 8~ OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to publish notice of the date, time and place of the headng on said proposed Ordinance, which headng shall be on Apdl 3, 2000, at 6:30 p.m. in the Public Library Auditorium in the City of Dubuque, Iowa, such publication to be once each week for two consecutive weeks in the manner provided by Section 362.3, the first publication of which shall not be less than ten (10) days before the date of the hearing. Section 2. The notice shall be in substantially the following form: Notice to Property Owners Notice is given that there is now on file for public inspection in the office of the Clerk of the City of Dubuque, City Hall, Dubuque, Iowa, a proposed Ordinance establishing the Southfork Sanitary Sewer interceptor District - Phase ! and providing for connection fees. The Council will meet at 6:30 p.m, on April 3, 2000, at the Public Library Auditorium in the City of Dubuque, iowa, at which time the owners of property subject to connection fees in the Southfork Sanitary Sewer Interceptor District - Phase ~ or any other person having an interest in the matter may appear and be heard for or against the establishment of the Diatdct, or the schedule of connection fees. A person subject to such connection fees will be deemed to have waived all objections unless at the time of hearing, the person has filed objections with the Clerk. Section 3. Not lees than fifteen (15) days before the headng, the Clerk shall also send a copy of the notice by mail to each person whose property will be served by connection to City sewer and be subject to a connection fee at the address as shown bythe records of the County Auditor. Passed, approved and adopted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. An Ordinance Establishing the Southfork Sanitary Sewer Interceptor District - Phase I and a schedule of fees for the connection of property to City sewer, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 3rd day of Apdl, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a Reimbursement Agreement with NICC and that a public hearing be scheduled for March 20, 2000 to consider an easement agreement and advising of the City's intent to dispose of property and Communication of Kathryn Gullgot, Region .I Telecommunications Council, expressing support for the proposed agreement, presented and read. Buol moved that the communications be received and tiled. Seconded by Nicholscn. Motion carried 7-0. RESOLUTION NO. 98-00 A RESOLUTION ADVISING OF THE CITY'S INTENT TO DISPOSE OF ITS INTEREST IN PROPERTY BY EASEMENT AGREEMENT BE'I'WEEN THE CITY OF DUBUQUE, IOWA, AND AT&T CABLE SERVICES, INC. FOR THE INSTALLATION AND OPERATION OF AN OPTICAL FIBER COMMUNICATION CABLE WITHIN SPECIFIC SECTIONS OF CITY- OWNED CONDUIT. Whereas, the City Council of the City of Dubuque, Iowa encourages the extension of the distance learning Capabilities and services of the Iowa Communications Network (ICN) to schools, colleges, libraries, government, and other public entities within the corporate limits of the City of Dubuque, and Whereas, Northeast Iowa Community College (N.I.C.C.) has invested considerable resources and institutional commitment to the remodeling and maintenance of a Dubuque Downtown Leaming Center which will include an ICN distance- leaming classroom, and Whereas, pursuant to its franchise and other agreements with the City of Dubuque, AT&T Cable Services, Inc. has installed and maintains specific optical fiber links between the Iowa Communications Network point-of- ~resence at 1515 W. 3rd St. and a colle~on of schools, colleges, libraries and other public entities located throughout the City; and 84 Regular Session, March 6, 2000 Whereas. representatives of the City of Dubuque, the ICN N.I.C.C.. and AT&T Cable Services, ]nc. have jointly proposed a 9hysical mute and terms of agreement which wi[ connect the N.I.C.C. Downtown Learning Center to the Iowa Communications Network via AT&T oetical fiber including an approximate 500 ft. segment to be carded within City-owned conduil between the Dubuque Law Enforcement Center and the N.I.C.C. Learning Center. and Whereas the City Council finds the terms of the proposed agreement to be reasonable, [air to all the ~arties and beneficial to the community. NOW THEREFORE: BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. Thatthe City of Dubuque, Iowa intends to dispose of its interest in the property described in the eroposed easement agreement with AT&T Cable Se~ces [nc. under the condi~ons stipulated in the easement agreement. a copy of which is now on die at the office of City Clerk, CitY Hall, Dubuque, Iowa. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution ano a notice to be published as prescribed by Iowa Code Section 364.7 of a public headng on the City's intent to dispose of the foregoing- described real property, to be held on the 20th day of March, 2000 au 6:30 o'clock p.m. at the public libra~ auditedum. 11th & Locust. Dubuque, iowa. Passed, approved and adoeted this 6th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0 There being no further business, Buol moved to adjourn. Seconded by Nicholson Motion carded 7-0. Motion carried 7-0. The me~ng adjourned at 7:19 P.M. ~si Jeanne F. Schneider Cit7 Clerk Approved Adopted Council Members Attest: City Clerk 2000 2000 Special Session; MaFch 7; ~:d00 ' 8~ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Mamh 7, 2000 Council Met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Micha~ki, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry LindahL Mayor Duggan read the call and stated this is a Special Session of the City Counc~ called for the purpose of conducting a Public Headng on the Fiscal Year 2001 Budget and Five Year Capital Improvement Program. Proofs of publication ced~ed to by the Publisher on Notice of Public Headng on Budget Estimate for Fiscal Year 2001 and Notice of Public Headng on Five Year Capital Improvement Program beginning Juiy 1, 2000 through the fiscal year ending June 30, 2005, Communication from the Environmental Stewardship Adv~ory Commission regarding volume-based fees for refuse collection, Communication from Betty Weiland, 2324 Maplewood Ddve, regarding the increase in fees for monthiy parking in downtown Dubuque, Communication of the Long Range Planning Advisory Commission regarding their review of the Fiscal Year 2001 - 2005 Capital Improvement Program, and Communication of the City Manager regarding the Fiscal Year 2001 Budget, presented and read. Michalski moved that the proofs and communications be received and filed. Seconded by Robbins. Motion carded Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carried 7~0. Public input and discussion on departments in the following order: Police Dept. No Comments; Emergency Communications - No I Comments; Emergency Management- No Comments; Fire Dept. - No Comments; Health Services - No Comments; Parking - No Comments; Finance ~ No Comments; City Manager - No Comments; City Councl ~ No Comments; City Clerk - No Comments; Legal Dept. - No Comments; Building Services - No Comments; Water Pollution Control - No Comments; Engineering No Comments; Operations and Maintenance - No Comments; CMc Center No Comments; Recreation - No Comments; Park - No Comments; Information Services - No Comments; Cable TV - No Comments; Community and Economic Development - No Comments; Planning Services - No Comments; Housing Services - No Comments; Human Rights - No Comments; Water ~ No Comments; Library - No Comments; Airport - No Comments; Transit - No Commentsl Purchase of Services - No Comments. MichalskJ moved to dose the public hearing portion of the Budget. Seconded 'by Nicholson. Motion carded 7-0. RESOLUTION NO. 9g-00 A RESOLUTION ADOPTING THE ANNUAL BUDGET, AS AMENDED, FOR THE FISCAL YEAR ENDING JUNE 3O, 2001 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget, as amended, for the fiscal year ending June 30, 2001, as set forth in the Adoption of Budget and Certification of Taxes summary and supporting state budget forms and in the detailed budget in support thereof showing the revenue estimates and appropriation expenditures and allocations to programs and activities for said fiscal year is adopted, and the City Clerk is directed to make the filings required by law and to set up the books in accordance with the summary and details as adopted. Passed, approved and adopted this 7th day of Mamh, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 100-00 ADOPTION OF FIVE YEAR CAPITAl-IMPROVEMENT PROGRAM 86 Special Session, March 7, 2000 WHEREAS a recommended five year Capital Improvement Program for the period beginning July 1, 2000, ano ending June 30, 2005, for the City of Dubuque has deen prepared and submitted to the City Council; and WHEREAS. the tive year Capital Improvemem Program: (1) describes specific capital improvemen[ projects; (2) provides estimated costs for those projects; (3) proposes sources of funds for each of them; ant (4) schedulesthe year during which each project will be undertaken; and WHEREAS, the capital improvemem projects for the first year are included in the Fiscal Year 2001 budge[ for the City of Dubuque: and WHEREAS the five year Capita] Improvement Program will be reconsidered annually by the City Council and appropriately revised; and WHEREAS, the adoption of the five year Capital Improvement Program is a prudent measure to provide continu~ of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the five year Capital Improvemen[ Program for the pedod beginning July 1, 2000, set out in the Fiscal Year 2001-2005 Recommended Capital Improvement Budget, is hereby approved, anb adoptec as the proposed allocation of the City resources for capital improvements as scheduled in the years snown, subject to annual review and revision. Passed. approved and adopted this 7th day of Mamh, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ movec adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 101-00 A RESOLUTION ADOPTING THE PROGRAM YEAR 26 [FISCAL YEAR 2001] COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET. Whereas. the City of Dubuque has. through a sedas of public meetings and hearings, finalized a Program Year 26 (Fiscal Year 2001) Community Development- Block Grant budge[ addressing both housing and non- housing needs in the community; and Whereas. copies of the draft Program Year 26 CDBG budget have been available for public comment 30 days prior to City Council action: and Whereas, the City's Community Development Advisory Commission has recommended the adoption of this budget. NOW THEREFORE. BE IT RESOLVED BY THE C~TY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Program Year 26 (Fiscal Year 2001}Community Development Block Grant budget attached hereto and by this reference made a par~ hereof is hereby aeopted Section 2 That the City Manager is hereby authorizec and directed to prepare the Program Year 26 (Fiscal Year 2001 ) Annual Action Plan for the use of Community Development Block Grant funds ~ased on this adopted budget. Passed. approved and adopted this 7th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Vtichalski moved adoption of the rasolutior~. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Sections 32-279(1), establishing fines for oveddme parking, double parking, and any other standing or parking violation by increasing the tine therefore; amending Section 32-314(6) establishing the time and schedule for parking lot #10 by ~creasing the fee therefore: and amending Section 32- 337 of the Code of Ordinances establishing the fee schedule for parking meters by increasing the fees therefore, presented and read. {OFFICIAL PUBLICATION) ORDINANCE NO. 22-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-279(1) ESTABLISHING FINES FOR OVERTIME PARKING, DOUBLE PARKING AND ANY OTHER STANDING OR PARKING VIOLATION BY INCREASING THE FINE THEREFOR; AMENDING SECTION 32-314(6) ESTABLISHING THE TIME AND FEE SCHEDULE FOR PARKING LOT #10 BY INCREASING THE FEE THEREFOR; AND AMENDING 32-337 OF THE CiTY OF DUBUQUE CODE OF ORDINANCES ESTABLISHING THE FEE SCHEDULE FOR PARKING METERS BY INCREASING THE FEES THEREFORE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Seddon 1. Sec. 32-279(1) ofthe City Special Session, March 7~ 2000 87 of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-279(1} Parking Violations - Fines: Overtime Parking; Double Parking end Any Other Standing or Parking Violation: If paid within one hundred sixty eight (166) hours from time of violation as indicated on the notice, such fine shall be the sum of four dollars ($4.00); if not paid within one hundred sg'~:y eighty (168) hours, such fine shall be the sum of six do,ars ($6.00). Section 2. Sec_ 32-314(6) of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-314 (6) Meters - Time and fee schedule for specific Iota: On Parking Lot No. 10, reserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00 A.M.) and six o'clock (6:00 P.M.) daily, excluding Saturdays, Sundays and holidays at a monthly rate of thirty-five do,ars ($35), payable each month. Section 3. Sec. 32-337 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-337. Fee Schedule: Subject to the limitations provided in this Division, parking meters, when installed and propedy operated shall show legal parking upon and after deposit of United States coin in accordance with the following schedule: (1) One (1) hour parking meters shall show legal parking for thirty-five centa ($0.35) per hour, but not more than a total of sixty (60) minutes at any one time. (2) Two (2) hour parking meters shall show legal parking for thitty-five centa ($0.35) per hour, but not more than a total of one hundred twenty (120) minutes at any one time. (3) Four (4) hour parking meters shall show legal parking for thirty-five centa ($0.35) per hour, but not more than a total of four (4) hours at any one time. (4) Ten (10) hour parking meters shall show legal parking for twenty-tive cents ($0.25) per hour, but not more than a total of ten (10) hours at any one time. (5) Twenty (20} minute parking meters shall show legal parking for sixty-five cents ($0,65) per hour, but not more than a total of twenty (20) minutes at any one time, Section 4. This Ordinance shall take effect July 1, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider Published officially in the Telegraph Herald newspaper this 17th day of March, 2000. Jeanne F. Schneider, City Clerk It 3/17 Buoi 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 Robbins. Carried bythe following vote: Yeas--Duggan, Buol, Cline, Markham, Nicholson, Robbins. Nays--Michalski. An Ordinance Amending Section 40- 37 Paragraph (a) of the Code of Ordinances establishing charges for the collection and disposal of solid waste and recyclable materials ! increasing the monthly fee from $7.00 per dwelling unit per month to $7.44, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 23-00 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 40-37 PARAGRAPH (a) ESTABLISHING CHARGES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE AND RECYCLABLE MATERIALS INCREASING THE MONTHLY FEE FROM $7.00 PER DWELLING UNIT PER MONTH TO $7.44. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 40-37(a) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 40-37. Charges-Amounta: Exceptions: (a) Claes I premises. Except as qualified below, a fee of seven ddilars and forty-four centa ($7.44) per dwelling unit per month shall be paid to the City by the property owner of each Claes I premises for such services. Said fee shall be in payment for collection and disposal of solid waste and recyclable materials as defined. Exceptions to the collection charges for Class I premises are as follows: (1) When a Class I premises has been vacant for a pedod not less than three (3) consecutive months, the 88 Special Session, March 7, 2000 owner may apply to the City Manager for a credit under procedures to be established bythe City Manager. Such credit shall continue only so long as the Claes promises is vacant. (2) Class r premises when the head of the household is sixty-five (65) years of age or older ane has an annual income equal to or less than the income standards used by HUD for its "Section Eight (8) Housing Program" for one and two person households may, upon application to the City Manager, be exempted from one-half (1/2~ the established collection charge. Atter the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. (3) In cases of ex[rome financial hardship, the City Manager, may, and is heroby authorized and empowered [o, make adjustments in the monthly collection charges as the City Manager may deem appropriate. In such cases. the City Manager shall have the authority to-roqulro such proof of vacancy, financial status, age or exzreme hardship as the City Manager may deem necessary. Section 2. This ordinance shall take effect on the first day of July, 2000. Passed. approved and adopted this 7th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 17th day of March. 2000. Jeanne F. Schneider. City Clerk It 3/17 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings odor to the meeting az which it is to be finally passed be suspended and further moved final consideration anr~ passage of the Ordinance. Seconded by Nicho[son. Motion carded 7-0 An Ordinance Amending Section 44- 201(a) of the Code of Ordinances fixing water rates for residential, commercial, and industrial uses and all other uses, by increasing such wamr rates, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 24-00 AN ORDINANCE AMENDING SEC. 44-201(a) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, FIXING WATER RATES FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL USES AND ALL OTHER USES, BY INCREASING SUCH WATER RATES. NOW, THEREFORE, BE ORDAINED BY THE CITY COUNC[L FOR THE CITY OF DUBUQUE IOWA: Section 1. Section 44-201(a), ortho code of Ordinances. City of Dubuque, Iowa is hereby amenaec to read as follows: *Section 44-201 (a), Residential Commercial= Industrial and ali other uses. (a) Commencing July 1, 2000 the rates to be charged for water for residential, commercial industrial and all other uses and purposes by person, firrr or corporation within the city shall be fixed and determined as follows: Monthlv Consumption Charne Per Hundred Cubi~ FoR First 3,000 $1.50 Next 12.000 $1.24 Next 35,000 $1.14 Next 50,000 $1.02 Next 100.000 $ .88 :~ates shall be subject to the following minimum monthly charge according to the size of the meter. Meter Size (Inches) New Charge (Cubic Feet) 5/8 $ 3.00 200 3/4 $ 7.50 500 I $ 12.00 800 1~ $ 39.00 2,600 2 $ 64.84 4,600 3 $139.24 10.600 4 $ 214.32 16.800 6 $ 442.32 36,800 8 $ 720.30 62.500 Secfion 2. This ordinance shall take effect on the first day of July, 2000. Passed, approved and adopted this 7th day of March, 2000. Terrance ~I. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 17th day of March, 2000. Jeanne F. Schneider, City Clerk It 3/17 Robbins moved that the requirement Special SeSsionl Matbh 7i 2000 89 that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Section 44- 202 of the Code of Ordinances fire sprinkler service by increasing the rates for such service, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 25-00 AN ORDINANCE AMENDING SEC. 44202 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, FIRE SPRINKLER SERVICE BY INCREASING THE RATES FOR SUCH SERVICE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 44-202, of the Code of Ordinances, City of Dubuque, iowa is hereby amended to read as follows: *Section 44-202. Fire Sprinkler Service. (a) Commencing July 1, 2000, customers who have fire sprinkler service shall be billed for this service on a monthly basis. This monthly charge shall be included on the customer's regular monthly bill for which charges are tixed and determined as follows: Number of Heads Monthly Charges Curr~lt Up to 200 (minimum monthly charge) ........................ $ 9.02 200-300 ...................................... $10.82 300-400 ...................................... $12.63 400-600 ...................................... $14.42 600-800 ...................................... $16.23 800-1,000 .................................. $18.04 1,000-1,200 ............................. $19.84 1,200-1,400 ................................ $21.64 1,400-1,600 ................................ $23.45 1,600-1,800 ................................ $25.25 1,800-2,000 ................................ $27.05 2,000-2,000 ............................... $28.86 2,200-2,400 ............................ $30.65 2,400-2,600 .............................. $32.46 2,600-2,800 .............................. $34.27 2,800-3,000 ............................ $36.07 3,000-3,500 .............................. $37.86 Over 3,500 (for each additional 500 heads or fraction thereof) ............ $1.81 Sec~on 2. This Ordinance shall take place on the first day of July, 2000. Passed, approved and adopted this 7th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 17th day of March, 2000. Jeanne F. Schneider, City Clerk It 3/17 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 Markham. Motion carded 7-0. There being no further business, Buol moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 6:51 P.M. /si Jeanne F. Schneider City Clerk Approved ,2000 Adopted ,2,000 Council Members Attest: City Clerk 90 Special Session, March 8, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Wednesday, March 8, 2000 Council met at 5:15 P.M. in Conference Room B, City Hall. Present: Mayor Duggan (by electronic means), Council Members Buol, Cline, Markham, Michalsld, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry' Lindah[. Mayor Pro-Tern Nicholson read the call and stated that this is a Special Session of the City Council called for the purpose of going into Closed Session to discuss the purchase of property in accordance with Chapter 21.5(1)(j) of the Code of Iowa. Markham moved to go into Closed Session in accordance with Ch. 21.5(1)(j). Seconded by Robbins. Motion carried 7-0. At 6:21 P.M. Council reconvenea Regular Session with statement that Staff had been given proper direction. There being no further business ~lichalski moved m adjourn the meeting. Seconded by Robbins Motion carded 7-0. The meeting adjourned at 6:22 P.M. Isl Jeanne F. Schneider City Clerk Approved ,2000 Adopted ,2000 Council Members Attest: City Clerk Reqular Session, March 20, 2000 91 DUBUQUE cITY COUNCIL OFFICIAL PROCEEDINGS March 20, 2000, City Council, Special Session followed by Regular Session. At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library. At 5:45 P.M. Council convened for the meeting in the Public Library Auditorium. Present: Mayor Duggan, Council Members Buot, Cline, Markham, Mlohalski, Nicholson, Robbins, City Manager Michaet Van MiIligen, Corporation Counsel Barry LindahL Mayor Duggan read the call and stated this is a Special Session of the City Council followed by the Regular Session called for the purpose to go into Closed Session re: Purchase of Real Estate (Iowa Code §21.5(1)(j) and also to act upon such business which may properly come before the City Council. Council Adjourned the Special Session at 6:25 with Statement that Staff had been given proper direction. At 6:30 P.M., Council convened Regular Session in the Public Library Auditorium. The Invocation was given by Father Mark Ressler, Professor at Loras College and Chaplain of Clarke College. Proclamations: "Census Week and Day" received by Susan Gwiasda, City Public Information Officer and "Square Dance Week~ received by Bill and Barb Zubler and other square dancers. Minutes Submitted: Building Code Board of Appeals of 3/2; Community Development Advisory Commission of 2/15; Hiatodc Preservation Commission of 2/17 and 3/2; Long Range Planning Commission of 2/23; Transit Board of 3/2; Zoning Advisory Commission of 3/1; Zoning Board of Adjustment of 2/24, presented and read. Buol moved that the minutes be received and flied. Seconded by Nicholson. Motion carded 7-0. Proof of Publication and Ust of Claims and Summary of Revenues for the month ending January, 2000. Finance Director submitting financial report for month ending February, 2000, presented and read. Buol moved that the proof and report be received and flied, Seconded by Nicholson. Motion carried 7-0. Proofs of Publication of Council Proceedings for 2/14, 2/26, 2/211 and 2/28/00, presented and read. Buol moved that the proofs be received and filed. Seconded by Nichdison. Motion carded 7-0. Claims/Suits: BFI of Dubuque in estimated amount of $7,431.63 for property damage; Michael E. Conklin in unknown amount for personal injuries; Justin Helm in estimated amount of $575.16 for vehicle damage; Morse Electric, Inc. in unspecified amount for labo~ and materials provided on City project, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and repo~ Seconded by Nichdison. Motion carded 7-0. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: personal injury claim of Ginnie Backer; vehicle damage claim 6f Dan Kruse Pontiac; vehicle damage claim of D. Ron McClain; )ersonal injury claim of Theresa A. Pierce, presented and read. Buol moved that the communications be received and flied. Seconded by Nicholson. Motion carded 7-0. Communications of City Manager to State Legislators urging support of House File 2528; and communication urging opposition to House File 2503, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carded 7-0. Communication of City Manager to Senators Haddn and Grsssley opposing HR 1000 on FAA Re- authorizafion, presented and read. Buol moved that the communication be received and filed, Seconded by Nicholson. Motion carded 7-0. 92 Regular Session, March 20, 2000 Communication of Iowa Department of Transportation advising of their intent to begin a traffic/location study of U.S. 20 from the Peoata Intemhange to its ihtersection with Devon Drive, presented and read. Buol moved that the communication be received and ~led. Seconded by Nicholson Motion carried 7-0. Public notice fram U.S. Army Corps of Engineers regarding proposal to realign a portion of John's Creek in Dubuque County, presented and read. Buol moved that the communication be received and ~i[ed. Seconded by Nichoison. Motion carried 7-0. City Manager recommending approval of a lease agreement with the Dubuque Children's Zoo Boosters for operation of the Storybook Hill Children's Zoo, Buol moved that the communication be 'eceived and filed and approved the recommendation. Seconded by Nicholson Motion carded 7-0. Zoning Advisory Commission advising of their approval of plat of survey for Lots 16, 'I7, E and F, Loras Estates (requested by Ron Smith), presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 102-00 RESOLUTION APPROVING THE PLAT OF SURVEY LOTS 16, 17, E AND F, LOP, AS ESTATES, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been flied With the City Clerk a plat of survey Lots 16, 17, E and FLoras Estates in the City of Dubuoue, Iowa: and Whereas. said survey plat has been examined by the Zoning Advisory Commission and had its approval eneorsed thereon; and Whereas. said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. ~[OW THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the plat of survey Lots 16. 17, E and FLoras Estates 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 plat of survey. Passed, approved and adopted this 20th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F Schneider City Clerk Buol moved adoption of the resolution. Seconded Dy Nicholson. Motion carded 7-0 City Manager recommending approval of a 180 day extension for Jaeger Heights Subdivision No. 2, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicho[son. Motion carded 7-0 RESOLUTION NO. 103-00 A RESOLUTION RESCINDING RESOLUTION NO. 540-99 AND APPROVING REAFFIRMING THE FINAL PLAT OF LOTS I THRU 4 OF BLOCK 4, LOTS 1 AND 2 OF BLOCK 5, AND LOTS '1 THRU 3 OF BLOCK 6 OF JAEGER HEIGHTS SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a tinal plat of Lots 1 thru 4 of Block 4: Lots I and 2 of Brock 5 and Lots 1 thru 3 of Block 6 of Jaeger Heights Subdivision No. 2 in the City of Dubuque, iowa; and Whereas, upon safd fihal plat appears, streets to be known as Jaeger Ddve and Bianca Drive (Lot A), together with certain public utility and sanitary sewer and storm sewer easements which the owners by said final plat have dedicated to the public forever: and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said fina plat has been reviewed by the City Planner anci had her approval endorsed thereon, subject [o the owners agreeing to the conditions noted in Section 2 below; and Whereas, said fina plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. except that no streets or public utilities have yet been constructed or installed; Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner. NOW. THEREFORE, BE RESOLVED 9Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Section 1. That Resolution No. 540- 99 is hereby rescinded. Reqular Session; M~J~ 20i~2000 93 Section 2. That the dedication of Jaeger Drive and Bianca Ddve (Lot A) together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3. That the final plat of Lots 1 thru 4 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 3 of Block 6 of Jaeger Heights Subdivision No. 2, is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the reaffirmation of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Jaeger Drive and Bianca Ddve to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the Cb 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. b. To install sanitary sewer mains and sewer service laterals into each indMdual tot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, alt in a manner acceptable to the City Engineer~ and in accordance with construction improvement plans approved by the C~y Engineer, and inspected by the City Engineer. c. To construct said improvements prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future d. To maintain the public improvements for a pedod of two (2) years from the date of acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners or future owners. And further provided that said Al Gudenkauf, 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 4. Sidewalk installation shall be the responsibility of the owner abutiJng the public tights-of-way, including Lots with multiple frontages, as required by City Code 41-161 through 41-164. The responalbility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the [et 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 5. Thatthe final acceptance of all public improvements shall occur upon certification Of the City Engineer that all public improvements have been completed in accordance with the Improvement plans and City standard specifications. Section 6. That in the event Al Gudenkauf shall fail to execute the acceptance and furnish the guarantees )rovided 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 20th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nichalson. Motion carried 7-0. ACCEPTANCE OF RESOLUTION NO. 103-00 I, the undersigned, Al Gudenkauf, having read the terms and conditions of the Resolution No. 103 -00, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of 2000. NOT SIGNED AS OF APRIL 20, 2000 By; Al Gudenkauf Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of Dubuque Greyhound Park and Casino Parking Lot Improvements 1997 Project, )resented and read. Buel moved that the communication be received and flied. Seconded by Nichblson. Motion carried 7-0. 94 Regular Session, March 20, 2000 RESOLUTION NO. 104-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Greyhound Park & Casino Parking Lot Improvements - 1997 has been completed and the City Manager has examined the work and filed his ceCdficate stating that the same has been completad according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 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 $297~519.41 in amount equal [o the amount of this contract, less any retained percentage provided for therein. ~assed, approved and adopted this 20th day of March: 2000. -'errance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of [he resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 105-00 FINAL ESTIMATE Whereas. the contract for the Dubuque Greyhound Park & Casino Parking Lot Imorovemems - 1997 has been completed and the City Engineer has submitted his final estimate showin~c the cost thereof including the cost of estimates, notices and inspection and all miscellaneous cos[s: NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cos[ of said improvement is hereby detarm[ned to be $297,519.41 and the said amount shall be paid from the Depreciation and Improvement Funds of the Greyhound Park & Casino of the City. of Dubuque, Iowa. Passed, approved and adocted this 20th day of Mamh, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending an amendment [o the approved Urban Revitalization Applications remowng four ineligible properties, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 106-00 RESOLUTION AMENDING RESOLUTION NO. 57-00 BY REMOVING CERTAIN RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS FROM THE LIST OF APPROVED APPLICATIONS FOR TRANSMITTAL TO THE CITY TAX ASSESSOR Whereas, by Resolufion 57-2000, the City Council approved a list of residential property tax exemption applic~ons and directed that said list be forwarded to the City Assessor as provided in Chapter 404 of the Code of Iowa, the Urban Revitalization Act and Whereas, the City Assessor ~es advised that certain of the applications may not qualify for exemption under the City's Urban Revitalization Plans which limit exemptions to residential property and to commercial properly consisting of three or more residential units with not less than seventy-five percent of the space used for residential purposes: and Whereas, upon rewew by me Housing Ser,,ices Department, it has been determined that the following applications do not qualify for exemption under [he City's Urban Revitalization Plans: West 11~ Street Urban Revitalization Area J. Thomas Zaber, 1005 Locust Street Weshineton Street Urban Revitalization Area Upholsterers Credit Unior 1402 White Street Pablo and Julie Ramirez, 1564 Central Avenue Maximo Damaso, 1876 & 1876 ~ Central Avenue ~lOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the above-described tax exemption applications do not meet the eligibility requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That Resolution No. 57- 00 is hereby amended by deleting the above-described tax exemption applicafions from said Resolufion as approved by the City Council. Section 3. That the City Clerk is hereby authorized ane directed to forward a copy of this Resolution to the Regular Session,*Marcll 20~ 2000 9"; City Assessor. Passed, approved and adopted this 20= day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending an amendment to the Fiscal Year 2000 Human Rights Department Budget in response to a $44,000 con~act with HUD, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. Communication from U.S. Department of Housing and Urban Development, upon motion received and filed and refer to the City Manager. Budi moved that the communication be received and filed and matter referred to the City Manager. Seconded by Nicbolson. Motion carded 7~0. Request of Dubuque Golf and Country Club to display fireworks on Ju~y4, 2000, prssented and read. Buol moved that the communication be received and filed and request approved. Seconded by Nichdison. Mofion carded 7-0. Refund requested by Smoke Shack Bar-B-Q, Inc. in amount of $150.00 for unexpired Class B Beer Permit. presented and read. Budi moved that the refund be approved and Finance Director to issue proper check. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO. 107-00 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 tiled 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. CEASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE Lana LuGrain P.J?s Tap +(Sunday Sale) 500 Rhomberg Ave Fraternal Order of Eagles #568 Eagles Club+(Sunday Sale) 1175 Century Dr Passed, approved and adopted this 20th day of March, 2000. Terrance M. Duggan~ Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolufion. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the fullowing Bcards/Commiesions: AIRPORT COMMISSION: Applicants - R.J. Blocker, Don Hedeman, Nancy Ann Hailing, Jim O'Neill, Richard Wertsberger. R.J. Blocker, Don Hedeman, Nancy Ann Hailing, Jim O'Neill and Richard Wertsberger all spoke requesting consideration for appointment. ZONING BOARD OF ADJUSTMENT: Applicant - Michael A. Ruden. No one spoke. Micha[ski moved to suspend the rules to allow anyone present to address the Council. Seconded by Robbins. Motion carried 7-0. Proof of Publication on Notice of Public Headng to consider disposing of City's interest in property by easement agreement, Communication of City Manager recommending apprevai of an easement agreement between the City and AT&T Cable Services, !nc., for the installation and operation of an optical fiber communication cable within sections of City-owned conduit, and communication of Linus F. Rothmeyer, N[CC Board of Trustees, in support of agreement, presented and read. Buol moved that the proof and communications be received and filed. Seconded by Nichdison~ Motion carded 7-0. RESOLUTION NO. 108-00 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF AN EASEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AT&T CABLE SERVICES FOR THE INSTALLATION AND OPERATION OF A FIBER OPTIC COMMUNICATION CABLE WTFHIN SPECIFIC SECTIONS OF CITY-OWNED CONDUIT. Whereas, the City Council of the City of Dubuque, Iowa encourages the 96 Regular Session, March 20, 2000 extension of the distance learning capabilities and services of the Iowa Communications Network (ICN) ro schools, colleges, libraries govemment and other public entities within the corporate limits of the City of Dubuque, and Whereas, Northeast Iowa Community College (N.I.C.C.) has invested considerable resources and institutional commitment to the remodeling and maintenance of a Dubuque Downtowr Learning Center which wil[ include an ICN distance- earning classroom, and Whereas, pursuant to its franchise and other agreements with the City of Dubuque, AT&T Cable Services installed and maintains optical fiber links between the Iowa Communications Network point-of- presence at 1515 W. 3rd St., and schools, colleges, ibrariss and other public entities through the c~, anc Whereas representatives of the C~, ICN, N.I.C.C.. and AT&T ~ropose a physical route and terms of an Easement Agreement to connect the N.I.C.C. Downtown Learning Center to the Iowa Communications Network via AT&T optical fiber, including an approximate 500 ft. segment within City-owned conduit from the Dubuque Law Enforcement Center (DLEC) and the N.I.C.C. Learning Center. and Whereas. the City Council finds the terms of the proposed Easement Agreement to be reasonable, fair to all parties and beneficial to the community. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OFTHE ClTYOF DUBUQUE IOWA: Section 1. That the attached Easement Agreement is hereby approved and the City Manager is authorized to sign and administer this agreement on behalf of the City of Dubuque. Passed. approved and adopted this 20th day of March, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Headng om City's intent to dispose of /he City's interest in Lot 356A of Ham's Addition. and City Manager recommending to oroceed with vaca~ng and disposal of rea[ estate to Dubuque Boat Club, Inc presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nicho[son. Motion carried 7-0. RESOLUTION NO. 109-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 356A OF HAM'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of headng published in the Telegraph Herald. a newspaper of general circulation published in the City of Dubuque iowa on the 10th day of March. 2000, the City Council of the City of Dubuque, Iowa met on the 20th day of March, 2000, at 6:30 p.m. in the Public Library Auditorium 11th and Locust. Dubuque, Dubuoue, County, Iowa to consider the proposal for the sale of real estate eescribed as: Lot 356A of Ham's AddiSon in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque. Iowa overruled any and all objections, oral or writta~ to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the sale of City of Dubuque real properly described as Lot 356A of Ham's Addition in the City of Dubuque, Iowa to Dubuque Boat Club. inc. Oe and the same is hereby approved for the exchange of deeds for Lots 350, 351,352. and 353 of Ham's Addition. plus cost of publication, olatting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repainng owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cadie, floodwa[] levee and electric lines as may be authorized by the C~ of Dubuque. Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed. and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Dubuoue Boat Club. Inc. upon receipt of the purchase price in full. Section 4. 'That the City Clerk be and is hereby authorized and directed to record a ce~fied copy of this Regular Session, March 20~2000 97 resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of Mamh, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution: Seconded by Nichoison. Motion carded 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Highway 20 Landscape Design Bid Package #1 and City Manager recommending to award contract for project, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 110-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 21st day of February, 2000, plans, spec'r~cations, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1. WHEREAS, notice of headng 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, spec'r~cations, 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, approved and adopted this 20th day of March, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carded 7-0. RESOLUTION NO. 111-00 AWARDING CONTRACT WHEREAS, sealed proposals have been subm~ed by contractors for the HIGHWAY 20 LANDSCAPE DESIGN BID PACKAGE #1 pumuant to Resolution No. 66-00, and notice to biddem published in a newspaper published in the City of Dubuque, Iowa, on the 10th day of March, 2000. WHEREAS, said sealed proposals were opened and read on the 7th day of March, 2000, and it has been determined that the bid of THE NAUMAN NURSERY in the amount of $446,774.42 was the lowest bid for the furnishings of all labo~ and msterials 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 THE NAUMAN NURSERY, 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 20th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Proofs of Publication on Notice of Headng on Plans and Specs and Notice to Bidders on the Receipt of Bids for Asbestos Remova~ from the Dolan Building and City Manager recommending to award contract for project, presented and read. MichaiskJ moved that the proofs and communications be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 112-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS FOR ASBESTOS REMOVAL FROM THE DOLAN BUILDING (330-336 MAIN STREET) Whereas, on the 15"' day of March, 2000, plans, specifications, form of contract and estimated cost were flied With the C~ Clerk of Dubuque, iowa for the Dolan Building (330-336 Main Street) asbestos removal. Whereas, notice of headng 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 98 Regular Session, March 20, 2000 hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 20th day of Mamh, 2000; Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 113-00 RESOLUTION AWARDING CONTRACT FOR THE DOLAN BUILDING (330-336 MAIN STREET) ASBESTOS ABATEMENT PROJECT. Whereas, sealed proposals have been submitted by contractom for the Dolan Building (330-336 Main Street) Asbestos Abatement Project pursuant to :~esolution No. 92-00 and notice re bidders published in a newspaper 3ublished in the City of Dubuque_ Iowa on the 8th day of Mamh, 2000. Whereas, said sealed proposals were opened and read on the 15~ day of March, 2000 and it has been determined that the bid of Active Thermal Concet~ts, Inc., of Cedar Rapids, Iowa ~F the amount of $12.904.00 was the lowest bid for the furnishings of al; labor and materials and performing the work as provided for in the ptans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe contract for the above 'mprovement be awarded to Active Thermal Concepts, Inc., and the City Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. Section 2. That upon the s~gning of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits ct the unsuccessful bidders. Passed. approved and adopted this 20~ day of March. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoetion of the Resolution. Seconded Dy Robbins Motion carried 7-0. Buo] moved that the rules be reinstated limiting discussion to Council. Seconded by Robbins Motion carried 7-0. Jeff Mozena gave a verbal reaor~ on the Historic Preservation Seminar. City Manager recommending approval of construction ordinance allowing Ka[mes Breaktime Bar and Grill to encroach in public right-of-way at 1097 Jackson Street, presented and read. Buol moved that the communication be received and filed. Seconded by N[choison. Motion carried 7-0~ An Ordinance Authorizing Michael H. Kalmes to construct two door openings (one with ramp, railing, and landing), presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 26-00 AN ORDINANCE AUTHORIZING MICHAEL H. KALMES TO CONSTRUCT TWO DOOR OPENINGS (ONE WITH RAMP, RAILING, AND LANDING) NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Michael H. Kalmes as the owner of the premises known as Kalmes Brea~me, Dubuque, Iowa, and legally described as 1097 Jackson - N ½ CL388 be and they are hereby granted the revocable permit ane authority to construct and maintain two door openings (one w~th ramp, railing, and landing) under 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 approvea by the City Manager, uneer the supervision ano direction of the C~ Manager, ano iF accordance with all applicable state and federa ~aws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly cond~oned 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 two door openings (one with ramp, railing, anc landing); 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, ail sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages Regular Session, March 20i 2000 9q of any kind resulting from the location, installation, existence, construction or maintenance of said two door openings (one with ramp, railing; and ~anding) 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 adaing out of the location, installation, existence, construction or maintenance of two door openings (one with ramp, railing, and landing) 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 death and/or injudes 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, existence, construction, maintenance and repair of the facility, work or improvement permitted heroin. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the dght and privilege herein granted be rescinded or revoked by the City Council, permit'tees, 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 ramp/landing/ /door opening and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said two door openings (one with ramp, railing, and landing) 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 two door openings (one with ramp, railing, and landing). 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 aeser~ed for death, personal injuries and/or property damage against the permittees adaing out of or in any way connected with the location, instailstion; construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the dghts hereunder accrue to Michael H. Kaimes when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittsas by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to fie 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 20th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO; 26-00 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 26-00 hereby, for themsaives, 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: Michael H. Kaimes Owner Dated: 02-29-00 Published officially in the Telegraph Herald newspaper this 24th day of March, 2000. Jeanne F. Schneider, City C~erk It 3/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. City Manager recommending adoption of the 1997 Uniform Building Code with amendments, presented and read. Buol moved that the communic~on be received and filed. Seconded by Nichdison. Motion carried 7-0. A~ Ordinance Amending the Code of Ordinances, City of Dubuque, Iowa by repealing Section 11-1 and Section 11- 2 and enacting new Sections 11-1 and 11-2 in lieu thereof adopting the 1997 Uniform Building Code for the City of Dubuque, Iowa and providing for the issuance of permits and collection of fees therefor, presented and read. tOO Regular Session, March 2{), 2000 (OFFICIAL PUBUCATION) ORDINANCE NO. 27-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA BY REPEALING SECTION 11-1 AND SECTION 11-2 AND ENACTING NEW SECTIONS 11- 1 AND 11-2 IN LIEU THEREOF ADOPTING THE 1997 UNIFORm1 BUILDING CODE FOR THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Section 11-1 of the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Section 11-1 and enacting a new Section 11~1 in lieu thereof as fallows: Sec. 11-1 Uniform Building Code - Adopted. Except as hereinafter added to. deleted, modified or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the Uniform Building Code. 1997 Edition Volumes 1-3 and as prepared and edited by the International Conference of Building Officials of Whittier. California, and the provisions of such building coco shall be controlling in the construction of buildings and other structures and in all matters covered by such .building code within the corporate limits of the city and shall be known as the "Dubuque Building Code." A copy of the Uniform Building Code. 1997 Edition as adopted, shall be on tile in the office of the city clerk for public inspection. Section 2 That the Code of Ordinances of the City of Dubuque, Iowa be amended by repealing Sedan 11-2 and enacting a new section 11-2 in lieu thereof as follows: Section 11-2. The code adopted by Section 11-1 of this chapter is hereby amended as follows: Sec. 101.3 Section 101.3 "Scope" is hereby amended by repealing Sec. 101.3 and enacting a new Sec. 101.3 to read as follows: Sec. 101.3 Scope. The provisions of this code shall apply to the construction, alteration, moving, demolition repair, maintenance and use of any building or s~ruc[ure within this jurisdiction, e×cec[ work located primarily in a public way, public utility towem and poles mechanical equipment not specifically regulated in this code, an(: nydraulis flood control struouJres. For additions alterations, moving and maintenance of buildings and structures, see Chapter 34. For temporary buildings and structures see Section 3103 and Appendix Chapter 31. Histodc buildings. ReBaits alterations and additions necessary for the preservation, restoration rehabilitation= continued use or change of use of a histodc building may ~e made in compliance with the provisions of the 1997 Edition of the Uniform Code for Building Conservation (UCCC). Where, in any specific case, different sections of this code specify different materials methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specificaliy adopted. Sec. 104.1 Section 104.1. "Creation of Enforcement Agency," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 104.1 Creation of Enforcement Agency (a) Creation of depar~men[. There is hereby established in the city the building services department, which shall De under the jurisdictio~ of the building official. (b) Appointment of Building Official. The building official shall be appointed by and serve at the pleasure of the city manager. Sec. 102. Section 102, "Unsafe Buildings or Structures" is hereby amended by repealing such sec'don and replacing such section with a new section in lieu thereof as follows: Sec. 102. Unsafe Buildings or Structures All buildings or structures regulated r~y this code which are structurally unsafe or not provided with adequate egress or which constitute a tire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard disaster r~amage or abandonment is Reqular Session~ March 20~ 2000 101 for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which-are supported by, attached to, or a part of a building and which are in deteriorated conditon or othec,vise unable to sustain the design loads which are specified in this cede are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in ACdcfe II of Chapter 11 of the Code of Ordinances. Sec. 105. Section 105, "Board of Appeals," is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 105. Building Code and Advisory Appeals Board. (a) Board Established. In order to determine the suitability of alternative building materials and methods of building construction, to provide for reasonable interpretation of the provisions of the building code, and to advise the city council on all building construction regulations and procedures, there is hereby created the building code advisory and appeals board. (b) Msmbership. The building code advisory and appeals board shall consist of tive (5) members appointed by the city council One (1) member shall be an architect or engineer registered in the State of Iowa, one (1) member shall be a general building construction contractor, one (1) member shall be a journeyman carpenter, and two (2) members shall be from the public at large. (c)Term of Office. Thetarm of office of all board members shall be for three (3) years, except that initial appointments of one (1) member shall be for a term ef one (1) year, two (2) members for two-year terms and two (2) members for three-year terms. (d) Rules and Regulations. The board shall make such rules and prescribe such procedures as may be reasonably necessary for its operation, except that such rules shall include the following: (1) Board Chairperson. The chairperson of the board shall be a member of the board elected annually by a majodty of the board. (2) Secretary of the board. The building official, or designee, shall be secretary of the board: The secretary shall arrange for meetings and prepare and keep such minutes and records and perform such other cledcal work as the board may direct. (3) Quorum. Three (3) members shall constitute a quorum. The concurring vote of three (3) members of the board shall be necessary to pass any motion. (4) Service until appointment of successor. Upon completion of the term of office, members of the bUilding code board shall continue to serve in I their fu capacity uffidl their successor has been duly appointed. (5) Meetings. The building code board shall meet upon call of the chairperson, secretary or city manager. Members of the building code board shall attend at least two-thirds of all scheduled meetings within a twelve~ month pedod. If any member does not attend such prescribed number of mes'~ngs, it shall constitute grounds for the board to recommend to the city council that said member be replaced. (6) Attendance. The attendance of all members shall be entered on the minutes by the secretary. (7) Conformity with open meetings law. All meetings shall be held in conformance with provisions of the Iowa Open Meetings Law. (8) Minutes. The building code board shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after such meeting. (9) Administrative policies. All administrative, personnel, accounting, budgetary, and procedural policies of the city shall govern the building code board in all of its operations. (10) Duties when serving as an appeals board. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforcement of the building code, may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the appeal is 102 Regular Session, March 20, 2000 taken. The building code board sitting as an appeal board shall meet within ten (10) working days after receMng such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code: b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures specified in this code. (e) Limitations of Authority. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of this code nor shall the Board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the boarc of appeals may authorize any alternate to the decision of the building official anc~ the pro~s~ons, provided it finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this code. aha that the material, method or work offered is. for the surpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire resistance and safety. Sec. 103 Section 103, "Violations" is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: Sec. 103 Violations It shall be unlawful for any person, firm or corporation to erec~ construct, enlarge, alter, repair, move, ~mprove, remove, convert or demolish, equip, use. occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any ac~. or the emission of any act. declarea to be un[awful by this code. or any coae or ordinance herein adopted by reference shall be deemed a separate offense for each and evep/day or portion thereof during which any such unlawful act is committed, continued or permitted and upon conviction shall be punishable as provided in Chapter I of the Code of Ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereo, f,. ,, Sec. 106 Section 106, Permits, is hereby amended by repealing subsection 106.2 and replacing such subsection with a new subsection in lieu thereof as follows: Sec. 106.2 Exempted Work. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred frfty (150) square feat 2. Fences. 3. Oil derricks. 4. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. 5 Retaining wails which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I. II or III-A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed five thousand (5,000) gallons and the ratio of height to diameter or width does not exceed two [o one (2:1). 7. Platforms. walks and driveways not more than thirty (30) inches above grade and not over any basement or story below 8 Painting, papering and similar finish work. 9. Temporary motion 3icture television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R Division 3~ and Group U occupancies when projecting not more than fifty-four (54) inches. 11. Prefabdcatec swimming pools accessory to a Group ~. Division 3 occupancy in which the pool walls are entirely above the adjacent graee and if the capacity does not exceed five thousand (5,000) gallons. Unless otherwise exempted seoarate plumbing, electrical anc mechanical permits will be required for the above exempted items Exemption t~rom the permit Reqular Session, March 20~ 2000 requirements of this code shall not be deemed to grant aothor~zation for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Sec. 106.4 Section 106.4, "Permits Issuance," is hereby amended by repealing subsection 106:4.1, "issuance," and replacing such subsection with a new subsection in lieu thereof as follows: Sec. 106.4.1 Issuance. The application, plans and spealficaitons and other data, filed by an appficant for a permit shall be reviewed by the building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under this jurisdiction. If the building official finds that the work described in an application for a permit and the plans, specifications and other data flied therewith conform to the requirements of this code and other pertinent laws and ordinances, and that the fees specified in Section 107 have been paid, he sharl issue a permit therefor to the applicant Exception: Approval of the applicafion, plans and specifications, and other data, filed by an applicant for a permit shall in no way constitute an appreval of the structural sufficiency of any building or structure and it is incumbent upon the applicant and/or owner to seek independent review of the building plans in order to insure adequate building integrity and structural sufficiency~ When the building official issues the permit where plane are required, he shall endorse in writing or stamp the plans and specifications "APPROVED." Such approved plans and specifications shall not be changed, modified or altered Without authedzafion from the building official, and all work regulated by this code shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted or approved, provided adequate information and detailed statements have been t'ded complying with all pertinent requirements of this code. The holder of such permit shall proceed at his own dsk without assurance that the permit for the entire building or structure will be granted. Sec. 107 Section 107, "Fees," hereby is amended by repealing subsection 107.2, "Permit Fees," and subsection 107.3, "Plan Review Fees," and replacing such subsections with new subsections in lieu thereof as follows: 107.2 Permit Fess. Thefeefor each ~ermit shall be as set forth in Table No. l-A. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the budding permit fee for new construction shall be the cost of all building materials and the usual cost of labor whether such labor ia performed by the owners at others. Such valuation may exclude the cost of the lot or improvements to the/at such as grading, landscaping, walks or drives, and/or the cost of the air conditioning, electrical, heating, plumbing or ventilation systems, for which separate inspecfion fees are charged; however, the approximate value of these items shall be shown on the permit in the space provided for that purpose. The valuations for alterations, repairs, replacement or remodeling shall include the cost of matadals and the usual cost of labor, whether such labor is performed by the owner or by others, for the installation or construction of any repair, replacement or remodeling which becomes an integral part of the building or structure. The payment of fees under this section of the code shall not relieve the applicant, permit holder or other ~ersons from the payment of any other fee or fees that may be prescribed by this code, by law or by ordinance. No fee shall be required for buildings owned and used exclusivaly by the city. 107.3 Plan Review Fees; When a plan or other data is required to be submitted by subsection 106.3.2 of this code, a plan review fee shall be due and payable prior to the issuance of a ~ermit. Such plan review fee shall be esset forth in Table No: 1-A. The plan review fees specified in this subsection are separate fees from the )ermit fees specified in Section 107.2 and are in addition to the permit fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as set forth in Tabla No. I-A. Table No. I-A - BUILDING PERMIT FEES 1. Permit Issuance Fee for each permit $5.00 2. Valuation Fee Schedule (in addition 104 Regular Session, March 20~ 2000 to permit issuance fee) $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10;00 for the first $500.00, plus $1.'60 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $34.00 for the first $2,000.00, plus$6.40 for each additional $1,000.00 or fraction thereof, to and including $25,000;00. $25,001.00 to $50,000~00 $181.20 for the first $25,000.00, plus $4:80 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. $50,001.00 to $100,000:00 $301.20 for the first $50;000.00, plus $3.20 for each additional $1000.00 or fraction thereof, to and including $100,000.00. $100,001.00 and up $461.20 for the first $100,000.00, plus $2.70 for each additional $1000.00 or fraction thereof. Other Inspections and Fees (1) PIan review fees when a plan is required by section 302(b) of the code, per hour of reviewtime . ~... $30.00* (minimum of one-hour charge and charged in 1/2-hour increments beyond the first hour) (2) Inspections outside of norma~ business hours, per hour ... $30.00* (minimum charge of two (2) hours) (3) Reinspection fee assessed under provisions of Section 305(g), each ... ...................... $30.00* (4) inspections for which no fee is specifically indicated, per hour ...... ........................ $30.00* (minimum charge of 1/'2-hour) (5) Additional plan review re~l~ired by changes, addrdons or rews~ons to approved plansl perhour ... $30.00* (minimum charge of 1/2-hour) * Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include outside plan review expense, supervision, overhead, equipment, hourly wages and fringe benef'~ of the employees involved. Sec. 310. Section 3101 "Requirements for : Group R Occupancies" is hereby amended by repealing subsection 310.4 "Access and Means of Egress Facilities and Emergency Escapes" and replacing such secflon with a new subsection in lieu thereof as follows: Sec. 310 Requirements For Group R Occupancies Section 310.4 Access and Means of Egress Facilities and Emergency Escapes. Means of egress sl~all be provided as specified in Chapter 10. (See als0 Section 1007.6.2 for exit markings.) Access to, and egress from, buildings required to be accessible shall be provided as specified in Chapter 11. Basements in dwelling units and every sleeping room below the fourth story shall have at least one operable window or door approved for emergency escape or rescue that shall open directly into a public street, public alley, yard or exit court. The emergency door or window shall be operable from the inside to provide a full, clear opening without the use of separate tools. EXCEPTIONS: 1. The window or door may open into an atrium complying with Section 402 provided the window or door opens onto an exit- access balcony and the dwelling unit or guest room has an exit or exit-access doop, vay that does not open into the atrium. 2. Basements within Group R, DMsion 3 Occupancies without bedrooms that provide a second stai~vay that terminates in a room separate from the first stairway. Escape or rescue windows shall have a minimum net clear openable area of 5.7 square feet (0~53 m2). The minimum net clear openable height dimension shall be 24 inches (610 mm). The minimum net clear openable width dimension shall be 20 inches (508 mm). When windows are provided as a means of escape or rescue, they shall have a finished sill height not more than 44 ir~ches (1118 mm) above the floor. EXCEPTION: The finished sill height may exceed 44 inches (1118 mm) above the floor if approved by the building ofl'~cial and the following conditions are met: 1. The exterior finish grade is more than 36 inches (914 mm) above the intedor floor level of the room, OR afiedng the exterior configuration of the building would adversely affect the historica] significance of the building. 2. A platform capable of supporting a live load of 300 pounds shall be permanently afl'[xed at the intedor of the window. ~This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inches (914 mm) above thefloor. The distance from the platform to the finished sill height shall not exceed 36 inches (914 mm). The platform shall extend out, Yard from the wall a minimum of 24 Regular Session, March 20; 2000 105 inches (610 mm) and shall be at least as wide as the clear openable width of the window. 3. The escape or rescue window shall have a minimum clear cpenable area of 9 square feet (0.84 m2), with a minimum dimension of 36 inches (914 4. The building is equipped with smoke detectors installed in accordance with Section 310.9. finished sill height below the adjacent ground elevation shall have a window well. Window wells at escape or egress windows shall comply with the following: 1. The clear horizontal dimensions shall allow the window to be fully opened and provide a minimum accessible net clear opening of 9 square feet (0.84 m2), with a minimum dimension of 36 inches (914 mm). 2. Window wells with a vertical depth of more than 44 inches (1118 mm) shall be equipped with an approved permanently affixed ladder or stairs that are accessible with the window in the fully open position. The ladder or stairs shall not encroach into the required dimensions of the window well by more than 6 inches (152 mm). Bare, grilles, grates or elmilar devices may be inatailed on emergency window wells, provided: 1. The devices are equipped with approved release mechanisms that are openable from the inside without the use of a key or special knowledge or effort; 2. The building is equipped with smoke detectors installed accordance with Section 310.9. Sec. 509. Section 509, "Guardrails" is hereby amended by repealing subsection 509.3 "Openings" and replacing such section with a new subsecfion in lieu thereof as follows: Sec. 509 Guardralls Section 509.3 Openings. Qpen guardralls shall have intermediate rails or an ornamental pattern such that a sphere 4 inches (102 mm) in diameter cannot pass through. EXCEPTIONS: 1. The open space between the intermediate rails or ornamental pattern of guardrails in areas of commercial and industrial4ype occupancies which are not accessible to the public may be such that a sphere 12 inches (305 mm) in diameter cannot pass through. 2. The triangular openings formed by the dser, tread and bottom element of a guardrail at the open side of a stairway may be of such size that a sphere 6 inches (152 mm) in diameter cannot pass through. 3. The measurement within Group R, Division 3 OccuPancies and within individual units of Group R, Division 1 Occupancies shall be made at 18 inches (462 mm)above the surface of the stair tread. For guardrail requirements at grandstands, bleachers or other elevated seating facil~es, see Section 1008.5.7. Sec. 1003. Section 1003, "GenereF is hereby amended by repealing subsection 1003.3.3:6 "Handrails' and replacing such section with a new subsection in lieu thereof as follows: Sec. 1003 General Section 1003.3.3.6 Handrails. Stairways shall have handrails on each alde~ and every stairway required to be more than 88 inches (2235 mm) ih width shall be provided with not less than one intermediate handrail for each 88 inches (2235 mm) of required width. Intermediate handrails shall be spaced approximately equally across with the entire width of the stairway. EXCEPTIONS: 1. Stairways less than 44 inches (.1118 mm) in width or stairways serving one individual dwelling unit in Group R, Division 1 or 3 Occupancy or a Group R, Division 3 congregate residence may have one handrail. 2. Private stairways 30 inches (762 mm) or less in height may have a handrail on one side only. 3. Stairways having less than 4 dsers and serving one individual dwelling unit in Group R, DMelon 1 or 3, or a Group R Division 3 congregate residence or Group U Occupancies need not have handrails. The top of handrails and handrail extensions shall not be placed less than 34 inches (864 mm) nor more than 38 inches (965 mm) above landings and the nosing of treads. Handrails shall be continuous the full length of the stairs and at least one handrail shall extend in the direction of the stair run not less than 12 inches (305 mm) beyond the top dser nor less than 12 inches (305 mm) beyond the bottom riser. Ends shall be returned or shall have rounded terminations or bends. EXCEPTIONS: 1. Private stairways do not require handrail extensions. 2. Handrails may have staffing or volute newels within the first tread on stairways in Group R, Division 3 106 Regular Session, March 20, 2000 Occupancies and within individual dwelling units of Group R, DMsion 1 Occupancies. 3 Top rails may be interrupted by newel posts or walls in Group R, Division 3 Occupancies and within thdividual dwelling units of Group R, DMsion I Occupancies. The handgdp portion of handrails shall not be less than 1 1/4 inches (32 mm) nor more than 2 inches (51 mm) in cress-sectional dimension or the shape shall provide an equivalent gripping surface. The handgrip portion of handrails shatl have a smooth surface with no sharp corners. HandraiFs projecting from a wall shall have a space of not less than 1 1/2 inches (38 mm) between the wall and the handrail Sec. 1203. Section 1203, "Light, Ventilation in Group R Occupancies" is hereby amended by repealing subsection 1203.2 "Light" and replacing such section with a new subsection in lieu thereof as follows: Sec. 1203 Light, Ventilation in Group R Occupancies Sec. 1203.2 Light. Guest rooms and habitable rooros within a dwelling unit or congregate residence shall be provided with natural light by roeans of extedor glazed openings with an area not less than one tenth of the floor area of such rooms with a minimum of 10 square feet. EXCEPTIONS: 1 in detached one and two family d~vellings, all habitable rooms shall be provided natural light by means of extedor glazed openings with an aggregate glazed area of not less than eight (8) percent of the floor area of such rooms. 2. ~tchens in Group R Occupancies may De provided with artificial light. Sec. 1806. Section 1806, "Footings" is r~ereby amended by repealing subsection 1806.3 "Bearing Walls" and replacing such section with a new subsection in lieu thereof as follows: Sec. 1806 Footings Sec. 1806.3 Beadng WaiFs. Beadng waifs shall be supported on masonry or concrete foundations or piles or other approved foundation system that shall be of sufficient size to support all loads. Where a design is not provided, the minimum foundation requirements for stud bearing walls shall be as set forth in Table 18-I-C, unless expansive soils of a severity to cause differential movement are known to ex[st. EXCEPTIONS: 1. A one-story wood- or metal-frame building not used for human occupancy and not over 400 square feet (37~2 m2) in floor area may be constructed with walls supported on a wood foundation plate when approved by the building official. 2. The support of buildings by posts embedded in earth shall be designed as specified in Section 1806.8. Wood posts or polss embedded in earth shall be pressure treated with an approved preservative. Steel posts or poles shall be protected as specified in Section 1807.9. 3. Group R, Division 3 Occupancies may use the following reinforcement requirements for 8" (204 mm) thick concrete foundation walls between 96 (2438 mm) and 120 inches (3048 mm) in height: ~ bars 20 inches (508 mm) on center ve~cally and #4 bars 24 inches (610 mm) on center horizontally. Section 3. This Ordinance shall be in effect after its final passage, approval and publication as required by law, Passed, approved and adopted this 20th day of March, 2000. Terrence M. Duggen, Mayor Attest: Jeanne Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 24th day of March, 2000. Jeanne F. Schneider, City Clerk 1 t 3/24 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by NichoFson. Motion carded 7-0. City Manager requesting direction on whether to proceed with plans; specifications and assessments for the installation of sidewalks on Cedar Cross Road and Center Grove Drive, presented and read. Michalski moved that the communication be received and filed and directed staff to proceed with the project. Seconded by Markham. Motion carried 7-0. City Manager recommending the addition of a tenth Housing Commissioner position in accordance with HUD requirements, presented and read. Michalski moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. An Ordinance Amending the Code of Ordinances by repealing Subsection 15-23(a) relating to membership of the Regular Session~ March 20~ 2000 107 Housing Commission and adopting in lieu thereof a new Subsection 15-23(a) relating to membership of the Housing Commission; and adopting a new Subsection t5-23(e) relating to membership on the Commission by a member of a Section 8 programs resident board representative, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 28-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, CHAPTER 15, COMMUNITY DEVELOPMENT, BY: REPEALING SUB-SECTION 15-23(A) RELATING TO MEMBERSHIP OF THE HOUSING COMMISSION AND ADOPTING IN UEU THEREOF A NEW SUB-SECTION 15-23(A) RELATING TO MEMBERSHIP OF THE HOUSING COMMISSION; AND ADOPTING A NEW SUB-SECTION 15-23(E) RELATING TO MEMBERSHIP ON THE COMMISSION BY A MEMBER OF A SECTION 8 PROGRAMS RESIDENT BOARD REPRESENTATIVE. Now, therefore, be it ordained bythe City Council of the City of Dubuque, Iowa: Section 1. Section 15-23(a) of the City of Dubuque Code of Ordinances is hereby repealed, and the following new Section 15-23(a) is hereby adopted in lieu thereot a) The Housing Commission shall be comprised of a membership of ten (10) persons. Section 2. Section 15-23 of the City of Dubuque Code of Ordinances is hereby amended by adding the following sub-seotion (e): (e) One member of the Commission shall be a person who is a recipient of tenant-based rental assistance under Section 8 of the United States Housing Act of 1937 (42 USC 14370 whose name appears on a lease of Section 8 property and who is eighteen years of age or older. If such member ceases to be a recipient of rental assistance under Section 8, the term of such member shall be deemed terminated and a new member who meets the requitements of this paragraph (e) shall be appointed for the remainder of the term. Section 3. This ordinance shall take effect immediately upon publication. Passed, approved and adopted this 20th day of March, 2000. Torrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper th}s 24th day of Mamh, 2000. Jeanne F. Schneider, City Clerk It 3/24 Michalski moved to specify that the new Commissioner have full status on the Commission, thereby designating "Option 1," 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 Robbins. Motion carded 7~0. City Manager submitting documents providing for the 2000 PC Concrete Paving Project- No. 1 consisting of College Street from Fifth to Langworthy, Parkway, Douglas, and Langworthy from College to Booth, presented and read. Buol moved that the .communication be received and tiled. Seconded by Nichblson. Motion carded 7-0. RESOLUTION NO. 114-00 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 2000 P.C. Concrete Paving Project - No. 1, in the estimated amount of $1,376,057.51, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of March, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 115-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City 3f 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 2000 P.C. Concrete Paving Project - No. 1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 108 Regular Session, March 20, 2000 OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of Apdl, 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 ~lans and specifications. form of contrac~ and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and p~ace of such hearing m 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 hsedng, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted aha approved this 20th day of March. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. ~lotion carried 7-0. RESOLUTION NO. 116-00 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 ~e 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 valuafion of each lot as filed by the City Council, for the 2000 P.C Concrete Paving Project - No. 1 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 propesee resolution have on file with the City Clerk objections ro the resolution of necessity, they shall be deemed ro have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment 9rocedure. Said improvements shall be constructed and done n accoraance with the Diana 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 properly lying within 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 Street Construcfion Fund and the Local Oction Sales Tax Fund ane scecial assessment bonds may be issued in anticipation of deferred payments of assessments when a con[rac[ has been performed ane accepted, ant the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of March, 2000. Approved and ifiaced on file for final action. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicho[sen. Mo'don carried 7-0. RESOLUTION NO. 117-00 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, specificalfons and form of contract and placed same on file in the office of the City Clerk for public inspecfioh, for the 2000 P.C. Concrete Paving Project- No. 1, ane. 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 April, 2000, a public hearing will be held at 6:30 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 mar[er may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost. the aeseesmenr against any lot orthe final adootJor 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 Reqular Session; March 20~ 2000 109 having general circulation in the City of Dubuque, iowa, which notice shall be published once each week for two consecutive weeks, the flint publication of.which shall be not lees than ten days prior to the day fixed for its consideration. Unlees properbj ownem at the time of the final consideration of this proposed resolution have on file with the City C[erk objecfions to the Resolution of Necees~ they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 20th day of March, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 118-00 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CtTY OF DUBUQUE, IOWA: That the attached sheets, 1 to 4 inclusive, are hereby determined to be the schedule of proposed assessments for the 2000 P.C. Concrete Paving Project - No. 1 and the valuations set out herein are hereby approved. Paesed, approved and adopted this 20th day of March~ 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Zoning Advisory Commission advising of their approval to rezone property at 2355 Elm Street from R-2A Alternate Two-Family Residential to CS Commercial Service and Wholesale Distdct (requested by Steve Boelk and Fred Boyes); presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2355 Elm Street from R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale Dietdct, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meefings prior to the Council meeting at which it is to be finally adopted be suspended and fur[her moved that a Public Hearing be held on the proposed Ordnance on the 3rd day of Apdl, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk )ublish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their denial of a request to rezone 222 acres of property from County A-1 Agricultural to City C-3 General Commercial Distdct and City- R-1 Single Family Residential District (Requested by John Herrig/Gerald and Judith Siegert); Communication from John W. Herdg regarding rezoning/annexation request; City Manager recommending that the rezoning request be referred back to the Zoning Advisory Commission for a public hearing on a modified plarf, 3reseated and read. An Ordinance Amending the Zoning Ordieance of the City of Dubuque by recJaesifying hereinaf/er described property located at 11515 English Mill Road from Dubuque County A-1 Agdculfural Distdct to City of Dubuque C-3 General Commercial Dietdct and R-1 Single-Family Residential District, concurrent with annexation, presented and read. Markham moved to refer this matter back to the Zoning Advisory Commiesion. Seconded by Nicholson, Motion carded 7-0. John Herdg spoke requesting that this matter be referred back to the Zoning Advisory Commiesion. City Manager submitang documents providing for construction of the Third Street Parking Ramp, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 119-00 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 CONSTRUCTION OF THE THIRD STREET RAMP, in the estimated amount of $5,000,000.00 are hereby approved and ordered filed in the office of the City Clerk, for public inspection. 110 Regular Session, March 20, 2000 Passed, approved and adopted this 20~ day of March, 2000 Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 120-00 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 ~laced same on file in the office of the City Clerk for the public inspection of the CONSTRUCTION OF THE THIRD STREET RAMP. NOW. THEREFORE. BE T RESOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA. that on the 1" day of May, 2000. a public hearing will be held at 6:30 p.m. in the Public Library Auditorium a~ which time interested persons may appear and be heard for or against the proposed plans ano specifications, forrr of contract and cost of said improvement, and the City Clerk be ant is hereby directed to cause a notice of time and place of such hearing to De 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 wrens/days prior to the day fixed for its consideration. At the headng, any interested person may appear and file obje~ons to the proposed plans. specifications, contract, or estimated cost of the improvement. Passed, approved and adopted this 2¢ day of March, 2000. Terrance M. Duggan,Mayor Attest: Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins Motion carried 7-0. RESOLUTION NO. 121-00 ORDERING BIDS NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the CONSTRUCTION OF THE THIRD STREET RAMP is hereby ordered to be advertised for bids. BE IT FURTHER RESOLVED. that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par[ of the plans and specifications heretofore adooted. 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 ne less than four eays nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 25'" day of April, 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 1= day of May, 2000. Passeq, approved and adopted this 20th day of March. 2000 Terrance M. Duggan Mayer Attest: Jeanne Schneider City Clerk Buol movec adootion of the resolution Seconded by Robbins. Motion carried 7-0. There being no further business Michalski movedto adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 7:37 P.M Jeanne F. Schneider City Clerk Approved .2000 Adooted Council Members Attest: Ci~Clerk