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2000 April Council ProceedingsReqular Session, April 3, 2000 111 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, April 3, 2000 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present Mayor Duggan, Council Members Buo[, Clins. Markham, Michalskf. Nicholson, Robbins.' City Manager Michael Van M[liigen, Corporation Counsel Barry Lindah[. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of acting upon such business which may propedy come before the City Council. Invocation was given by Pastor Steve Hansel of the Miracle Harvest Church. PROCLAMATIONS: "Dubuque Hunger Claes, n-up Day' .received by Nick Irving; Library Week received by Tom Moran; "Volunteer Week" receivec by Penny Ehlinger, "American C~ Quality Month" received by Laura Carstens. YOUTH IN GOVERNMENT: Mayor Duggan swore in Youth Mayor Micheile Pickal. Youth Mayor Pickel swore in Youth Council members: Tommy Mitmfanenko, Frank Hefal, Jordan Nye, and Bill Manze[. Minutes Submitted: Airport Commission of 2/28; Cable TV Regulatory Commission of 3/15; CMl Service Commission of 3/1; Five Flags Commission of 2/21; Hiatodc Preservation Commission of 3/15; Housing Commission of 3/14; Housing Commission Trust Fund of 3/23; Human Rights Commission of 2/14, presented and read. Budi moved that the minutes be received and filed. Seconded by Nichalson; Motion carded 7-0. Proof of Publication of Council Proceedings for 3/6; 3/7; and 3/8/00, presented and read. Buel m0ved.that the proof be received and tiled. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Craig and Cindy Van Hove in estimated amoun[ of $894.89 for vehicle damage, presented and read. Buol moved that the claim be referred to the Legal Staff for investigation and reporL Seconded by Nicholson. Motion carried 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: BFI of Dubuque for property damage; Michael E. Conklin for personal injuries, presented ane read. Buol moved that the communications be received and f~ed. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel recommending seffiement of clothing claim of David Grady. in the amount of $57.78, presented and read. Buol moved approval of the recommendation and that the Finance Director be directed to issue the proper check. Seconded by Nicholson. Motion carried 7-0. Corporation Counsal recommending that the vehicle damage claim of Justin Helm has been administratively closed, presented and read. Buol moved that the communication be received and tiled. Seconded by Nichalson. Motion carded 7-0. Communication of Anna O'Shea submitting her resignation from the Long Range Planning Commission effective March 15, 2000, presented and read. Bual moved that the communication be received and filed and resignation accepted with regret. Seconded by Nichalson. Motion carded 7-0. Gerald Hammel submitting his resignation from the Mechanical Code Board effective March 31, 2000, presented and read. Buol moved that the communication be received and tiled and resignation accepted with regret. Seconded by Nichdison. Motion carried 7-0. City Manager recommending approval of the Adminiatrative Services and Financial Agreement between the City of Dubuque and Dalta Dental Plan for Iowa for administration of the City's ]_12 Regular Session, Apdl 3, 2000 dental plan, presented and reaa. Buol moved [hat the communication be received and filed and recommendation aDoroved Seconded ey Nicholson. Motion carried 7-0 City Manager recommending adoption of Supplement #44 [o the Code of Ordinances, presented and reao. Buol moved that the communication be received and filed. Seconded by Nicholson Motion carried 7-0. RESOLUTION NO. 122-00 ADOPTING SUPPLEMENT NO. 44 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas under date of July 17. 1989. the City Council, pursuam to Ordinance No. 34-89, readopted the Code of Ordinances of [he City of Dubuoue. iowa for ordinances adopted up to ane including Decembe' 19 1988: and Whereas since December 19. 1988 the City Council of the City of Dubuque, iowa has adooted certain ordinances amending the Code of Ordinances and said amendments have been pdnted as supplements to the Code of Ordinances' and Whereas Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE T RESQLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. That Supplement No. aa of the Code of Ordinances of the .City of Dubuoue. Iowa, covedng Ordinances through Ordinance No. 113-99 enacted tnrough December 20. 1999 and prepared by the Sterling Codifiers, Inc Weiser, ID hereto flied in the Office of the City Clerk of the City of Dubuque, owa be ano is hereby adopted and becomes cart of the Code of Ordinances of the City of Dubuque, owa. Passed, approved and adapted this 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buo movec adoption of the 'esolution. Secondec by Nlcholson Motion carded 7-0. City Manager recommending aoorova] of Purchase of Service Agreements with Dubuque Main Street Inc.; Dubuque Area Labor Management Council- Substance Abuse Services Center: Dubuque Area Chamber of Commerce Conventior and Visitors Bureau: Project Concern. Inc. Foster Grandparent Program; Helping Services of Northeast Iowa [nc.: Operafion: New View: Retired aha Senior Volunteer Program: Weshing[on Too[ Library, Inc.: and Greater Dubuque Development Corporation presented ano read. Buol moveo that me communication be received and filed and recommendation approved Seconded by Nicholson. Motion cardec 7-0. City Manager recommending acceptance of the Schmitt Harbor Boat Rome Project, presented and read Buol moved that the communicafion be received and filed. Seconded by Niche[son. Motion carried 7-0. RESOLUTION NO. 123-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Schmitt Harbor Boat Ramp Project has been completed and the City Manager has examined the work and filed certificate stafing [hat the same has been completed according to the terms of the contract, plans and specificafions and recommenas its acceptance NOW THEREFORE 3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Thatthe recommendafion of the City Manager be approvea and [nat said improvement 2e ana the same is hereby accepteo. BE T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Madne Fuel Tax Grant and the Local Option Sales Tax Fund in amoum eoual to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adooted this 3rd day of Apdl. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol "noved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 124-00 FINAL ESTIMATE Whereas, me contract for the Schmitt Harbor Boat Ramo Project has Been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and insoection and all miscellaneous costs; NOW THEREFORE. BE IT Reqular Session, Ap~ii 3, 20~ 1]3 RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 'i, That the cost of said improvement is hereby determined to be $96,681.46 and the said amount shall be paid from the Marine Fuel Tax Grant and the Local Option Sales Tax Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholeon. Motion carried 7-0. City Manager recommending acceptance of the Jackson Street Reconstruction Project and estab[ishmect of final assessment amounts, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 125-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Jackson Street Reconstruction Project has been completed and the City Manager has examined the work and fi~ed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends [ts 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 the Street Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 3rd day of April, 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. 126-00 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS FOR THE JACKSON STREET RECONSTRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 2, are hereby determined to be the preliminary schedule of proposed assessments for the Jackson Street Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 3rd day of April~ 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried RESOLUTION NO. 127-00 FINAL ESTIMATE Whereas, the contract for the Jackson Street Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $528,775.07, Section 2. That $95,117.36 of the cost thereof shall be asseseable upon private property and $468,028.09 shall be paid from the Street Construction Fund. Passed, approved and adopted this 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. C~ Manager recommending approval of an Application for Homecwnership Assistance Funds to the Federal Home Loan Bank of Des Moines, presented and read. Buo] moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 128.00 A RESOLUTION AUTHORIZING SPONSORSHIP OF AN APPLICATION TO THE FEDERAL HOME LOAN BANK OF DES MOINES FOR AFFORDABLE HOUSING PROGRAM FUNDS. ~ Whereas, the Federal Home Loan 114 Regular Session, April 3, 2000 Bank nas aub[ished notice of availability of funds unaer the Affordable Housin.c Program; and Whereas local member FHLB lending institutions nave agreea [o submit an application for these funds for a grogram of homeownership assistance To lower-income households: and Whereas [ne City's CHAS and Consolidated Plan promote the objectives of lomeownersnip assistance and stabilization of targe~ neighborhoods: and Whereas, srovision of homeownership opportunities to the City's working families is a necessa[y complement to on-going economic oeve~opment efforts. NOW, THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA. Section 1 The Mayor ~s hereby authorized to execute this resolution in sponsorship of an application to the Federal Home Loan Bank for Affordable Housing Program funds, to families to purchase homes. Section 2. This resolution shall take effect immediately. Passed, approved and aoopted this 3rd day of April, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the 'esolution. Seconded by Nicholson. Motion carded 7-0. Communication of Iowa Department of Transportation advising of four upcoming public input meetings around the s~a~e presented ano read. Buo moved tnat the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. Communication from the iowa DeBar[menu o' Economic Development advising of an amendment to the City's Home Program con~rac~, nresented and read. Buol moved that the communication be referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Communication frorr East Centra intergovernmental Association advising that the DMATS Policy CommiAee will be accepting applications for TEA-21 Transportation Enhancement Projects from March 21 to May 17, 2000i presented and read. Buol moved that the communication be received add filed and referred to the City Manager. Seconded ay Nicholson. Motion carded 7-0. Communicatior from the Municipal Treasurers' Association presentinG ~ne City of Dubuque with the Association's Investment Policy Ce~fication, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. Letter to Senator Mike Connolly from Housing Services Manager David -lards in SUPPOrt for continua~on of the _ocal Housing Assistance Program: presented and read. Buol moved that the communication Be receivec and flied. Seconded by Nicholson Motio~ carded 7-0. City Manager submitting a response To me communication from the U.S Depar~mem of Housing and Urbac Develoament on the timely expenditure of funds, presented ans read. Buo movec that the communication De received and tiled. Seconded by Nicholson Motion carded7-0. City Manager recommending the submittal of a grant application to the U.S. Department of Housing and Urban Development (HUD) for assistance to nameless families and individuals. presented and read. Buol moved that zne communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. City Manager recommending that the City enter Into a three year insurance renewal agreement with ~ne owa Communities Assurance Poo: (ICAP), nrssemed and read Buol moved that the communication De received and filed and recommendation approvea. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 1294)0 NOW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said C;tty. NEW Davey Robertson Public Bar Inc. The Busted Lift 180 Main St Passed, approved and adopted this 3rd day of April 2000. Regular Sessie n~ April 3, 200,0 Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo movec adoption of the resolution. Seconded by NichoJson. Motion carded 7-0. RESOLUTION NO. 130-00 Whereas, applications for Liquor Licenses have been submitted to [his Council for approva~ and the same have been examined and approved; aed Whereas. the premises to be occupied by SUCh applicants were inspected aha found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE. BE IT RESOLVED BY THE CI:i'Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized cause m be issued the following named applicants a Liquor License CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE Knights of Columbus # 510 Knights of Columbus # 510+ (Sunday Sales) 781 Locust St Chad Streff Whis~ River +(Sunday Sales) 1064 UniversityAve Tugboat Willy's Inc. Tugboat Willys +(Sunday & Outdoor Sales) 1630 E 16th St Davey Robertson's Public Bar, The Busted Lift+(Sunday Sales) 180 Main St Passed, approved and adopted this 3rd day of Apd], 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buo[ moved aaoption of the resolution. Seconded Dy Nicholson. Motion carried 7-0. RESOLUTION NO. 131-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply w~th the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT ArCon, Inc. Arby's Q-Mart +(Sunday Sales) 10 Main St Passed. approved and adopted this 3rd day April, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved aoootior of the resolution. Seconded by Nicholson. Motion carded 7-0. BOARDS/COMMISSIONS Applicants are invited to adoress me Council to express their desire [o serve on the following Boards/Commissions: CIV]L SERVICE COMMISSION: Richard Wertzberger. Mr. Wedzberger spoke requesting consideration for appointment [o the Civil Service Commission. APPOINTMENTS to the following Boards/Commissions: AIRPORT COMMISSION: Applicants - R.J. Blocker. Don Hedeman, Nancy Ann Helling, Jim Q'Neill Richard Wertzberger. Communication of Richard Wedzberger withdrawing his name from consideration for appointment to the . Airpor~ Commismon- Communication of X~ancy HellJng In support of her appointment m the Airport Commission presented and read. Vote on the appointment was as follows: Cline voted for Helling. Duggan vote for O'Neill. Markham voted for O'Neill. Michalski voted for Helling. Nicholson voted for O'NeilL Robbins voted for O'Neil.. Buol voted for O'NeiL Therefore Jim O'Neill appointed to the unexpired [our year term on the Aircort Commission which will expire g-14-01. ZONING BOARD OF ADJUSTMENT: Applicant Michael A. Ruden. Michalski moved that Michael A. Ruden be reappointed to a t'pve year term on the Zoning Board of Adjustment which will expire 3-25-05. Seconded by Robbins. Motion carded 7-0. Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proof of Publication on Notice of Public Hearing to reclassify property located at 2355 Elm Street from R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, presented and read. Robbins movedthatthe proof be received and filed: Seconded by Nicholson. Motion carried 7-0. Regular Session, April 3, 2000 John r~erng SDOKe in favor of the rezoning. An Ordinance Amending Appendix A of me City of Dubueue Code of Ordinances by reclassifying hereinafter described 2roperty located at 2355 Elm Street from R-2A Alternate Two-Family Residential Distdct to CS Commercial Service and Wholesale District with first and second readings given on 3/20/00. now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 29-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) 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 DISTRICT, WITH CONDITIONS. X~OW. THEREFORE BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sec'don 1. That Aooendix A (the Zoning Ordinance~ of the City of Dubuque Code of Ordinances is hereby amended by reclassifying [he hereinafter described property from R- 2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District. with conditions, to wit: Lot 2 of 2 of 1 of 106 L.H Langworthy Addition. and to the center line of the adjoining public right-of-way, all in the City of Dubuque owa. Section 2. The foregoing amendment has qeretofore been reviewed by tne Zoning Advisory Commission of me City of Dubuque, ~owa. Passec approvea and adopted this 3rd day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne =. Schneider City Clerk ACCEPTANCE OF ORDINANCE NO. 29-00 We Fred J. Boyes, owner, and Steven R. Boelk, applicant, having reaa the terms aha conditions of the ¢oregoing Ordinance No. 29-00 and being familiar with the conditions mereof, hereby accept this same and agree [o the conditions required [herein. Dated in Dubuque ~owa this 3rd aay of Aoril 2000. By/s/ Fred. J. Boyes By/s/Steven R. Boelk Published officially in the Telegraph Herald newseaDer this 12th eay of Apdl 2000. Jeanne F. Schneider Cit~ Clerk It 4/12 :~obbins moved final consideratior- aha passage of the Ordinance. Seconded by Nicholson Motion carded 7-0. ~roof of Publication on Notice of Public Hearing [o establish a schedule of fees for the connection of property to City sewer; Communication of City Manager recommending approva~ of me schedule of final connection cnarges, presented and read Markham moveo that [ne proof and communicatior be received and filed. Seconded by BuoL Carried by [ne following vote: Yeas--Duggan, Markham. Nicholson Robbins Buol. Nays~Cline. Michalski. Attorney Mike Coyle for Jeff Arensdon~ spoke objecting to the high assessmen[ and that this erroneously did not take into consideratic ~ the flood plain on this properly. Saney Arensdorf Cathy Hed[ey, William Wa[sh anc Tirr ~ancratz. all spoke objecting to these future assessments An Ordinance Establishing the Southfork Sanitary Sewer nterceptor District - Phase I and a schedule of fees for the connection of property to City sewer, with first and second readings given on March 6, 2000. now eresented for final action (OFFICIAL PUBLICATION) ORDINANCE NO. 30-00 AN ORDINANCE ESTABLISHING THE SOUTHFORK SANITARY SEWER INTERCEPTOR DISTRICT - PHASE I AND A SCHEDULE OF FEES FOR THE CONNECTION OF PROPERTY TO CITY SEWER Whereas. after full consideration of the final connection fee scneou~e showing the connection fees proposec to be made for the Southfork Sanitary Sewer Interceptor Distdct - Phase I, which schedule of connection fees was filed in tne office of the City Clerk on the 2nd day of March. 2000: and Whereas, tne City Council ~as determined that the amounts snown on said schedule are 2roper and are in proportion to the benefits conferreo: and Whereas. the City Council further Re.qular Session, April 3i 2000 117 finds that the Southfork Sanitary Sewer Interceptor Distdct - Phase I should be established and the connection fee schedule approved and adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. There is hereby established the Southfork Sanitary Sewer Interceptor Distdct - Phase I and a schedule of fees for the connection of property to City sewer, as shown on the schedule attached hereto. Section 2. Each pemo~ whose property will be served by connection to City sewer shall pay a connection fee to the City, as shown on the schedule attached hereto. Sec[on 3 Such connection fee shall be due and ~ayable whe~ a sewer connection application is filed witi" the City. All fees collected under this Ordinance shall be paid to the City Treasurer. Section 4. The City Clerk is hereby authorized and directed [o certify a copy of this Ordinance for recording in the office of the Dubuque County Recorde[. Passed, approved and adopted this 3rd day of April. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Published officially in the Telegraph Herald newspaper this 21st day of Apda, 2000. Jeanne F. Schneider, City Clerk It 4/21 Markham moved final consideration and passage of the Ordinance. Seconded by Buol. Carded by the following vote: Yeas--Duggan, Markham, Nicholson, Robbins, Buol. Nays--Cline, Michalski. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for construction of the Skate Park Concrete Slab and City Manager recommending to award contract for project, presented and read. Buol moved that the proofs and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 132-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 6th day of March, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for CONSTRUCTION OF THE SKATE PARK CONCRETE SLAB Whereas notice of ~eadng on plans specifications, form of contract and estimated cost was published as required by ~aw. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications form of contract ano estimated cos[ for said improvements for said project. Passed. approved and adopted this 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Si~conded Dy Michaiski. Motion carried 7-0. RESOLUTION NO. 133-00 AWARDING CONTRACT Whereas, sealed propeea~s have been submitted by contractors for the Const[uction of the Skate Park Concrete Slab pumuant to Resolution No. 88-00, and notice to bidders published in the City of Dubuque, Iowa on the 10th day of March. 2000. Whereas, seeled proposals were openee and read on the 21st day of March, 2000 aha it has been determined that the bid of Connoliy Concrete and Excavating in the amount of $46,616.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Connolly Concrete and Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 3rd day of Apd[, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the resolution. Seconded by MichalskL Motion carded 7-0. Regular Session, April 3, 2000 ~roofs of Publication on ',lotice of Hearing on Plans ana Specs anc Notice to Bidders re: Demolition of the Dolan Building at 330-336 Main St aresented and read. Michalski movec that the sroofs be receivea aha filed. Seconded by Cline. Motion carried 7-0 Buol moved that the rules De reinstated limiting discussion ~o the Council. Seconded by Robbins. Motion carried 7-0. Cf[y Manager recommending that the building permit moratorium for Highway 20 from Bluff Street east to the City Limits De extended for twelve months and that the portion from Bluff Street to Cherokee Drive/Collins Street be allowed to expire, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0 An Ordinance Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances ey Amending Section 11.58-1 by establishing a twelve month moratorium on the issuance of permits for work in the U.S. 20 Corridor, presented eric read. (OFFICIAL PUBLICATION) ORDINANCE NO. 31-00 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 1'1.58-1 BY ESTABLISHING A TWELVE MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WORK IN THE U.S, 20 CORRIDOR. Whereas. the Iowa anc Illinois Departments of Transoortation are conducting a U.S. 20 Mississippi River Crossing Study; and Whereas. the issuance of permits in the study corridor of U.S. 20 could impact the study negatively. NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. ChapTer 11 fBuildings and Building Regulations) of the City of Dubuque Code of Ordinances 's nereey amended by amending Section 1%58.1 as follows: Section 11-58.' Moratorium - for work in the U S 20 Corddor The building official shall qot issue any substantial enlargement, alteration repair or remodeling of any structure building or sign in the U.S. 20 Corridor (Dodge Street), but not to include demolition from the eastern coroora[e imits of the City of Dubuoue wes[erly to the intersection of U.S. 20 (Dodge Street) with Bluff Street. as shown on the map on file in the Office of the City Clerk 50 W 13th Street. Dubuque, owa. during the Period from May 1 2000 to May 1, 2001, except where a vestee dght ~o the issuance of such 3ermit accrued 2rior to May 1, 1999. Section 2. This Ordinance shall -~ke effect on May 1. 2000. Passed, approved and adopted this 3rd day of April, 2000. Terr~nce M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 21s~ day of April, 2000. Jeanne F. Schneider. City Clerk It 4/21 Buoi moved that the reauirement that a proposed Ordinance De considered ana voted on for oassage at two Council Meetings urior to the meeting at which it is to be [nally passed be suspended and further moved final consideration and passage of the Ordinance Seconded by Nicholson. Mofion carded 7-0 City Manager recommending approval of the final plat of LO~S 1 through 18 and Lot Cana Lot D Twin Ridge Subdivision No. 5. subject to conditions presented and reaa. Robbins moved that the communication be received and filed Seconded by Nicholson Motion carried 7-0. RESOLUTION NO. 134-00 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 18 AND LOT C AND LOT D, TWIN RIDGE SUBDIVISION NO. 5, IN DUBUQUE COUNTY, IOWA Whereas there has been filed with the City Clerk a fine plat of Lots I [hrough 18 and Lot C and Lot B. Twin Ridge Subdivision No. 5, in Dubuaue County, Iowa, and Whereas, upon said final p~az appear streets to De Known as Timothy Street ahd Four Sisters Court: apo Whereas the preliminary plat has been examined by the Zoning Advisory Commissio~ eno qas its aoorova~ endorsed thereon with the waiver of Article IV. Desig~ and Imorovement Standards of the Su bdivisior Regular Sess on, April 3~ 200:0 119 Regulations, except for Section 42-19; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Thatthefinal plat of Lots 1 through 18 and Lot C and Lot D, Twin Ridge Subdivision No. 5, in Dubuque County, Iowa, is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 2. That the City Council hereby waives A~cle IV, Design and Improvement Standards, except for Section 42-19, Lots and Blocks, of the City Subdivision Regulations. Passed, approved and adopted this 3rd day of Aptil, 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 recommending approval of a right-of-way encroachment at 365 Main Street for installation of a projecting sign, presented and read. Duel moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. An Ordinance Authorizing Fiegen & Bisenius, Inc. to construct a projecting sign at 365 Main Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 32-00 AN ORDINANCE AUTHORIZING FIEGEN & BISENIUS, INC. TO CONSTRUCT A PROJECTING SIGN AT 365 MAIN STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Chades Fiegen, as the owner of the premises known as 365 Main Street, Dubuque, Iowa, and legeily described as 365 Main, S. 20' of C.L 69 & C.L 70, be and they are hereby granted the revocable permit and authority to construct and maintain a sign under the terms and conditions set for[h in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence~ location, installation, construction or maintenance of said sign; and b. Procure and maintain in force dudng the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location; installation, existence, construction or maintenance of said sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City ar~y. cleim against the City of Dubuque ans~ng out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and holdthe City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to properly 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 herein. Sectien 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, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign, and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permittees' expense and dispose of the same, and the permittee shall have no claim Regular Session, April 3, 2000 against the City or ~rs agents for carnages resulting from the removal of said sign. Section 5. That permittees covenan[ aha agree that the revocable permit herein granteo does not constitute an approval of me design erection location, construction, repair or maintenance of said facility anr~ sam permittees nereDy covenant ann agree not [o assert such claim or defense against the City of Dubuque in the even[ of claim aeserted for deat[' nersonal injuries and/or property carnage against the permittees arising out of or in any way connected with the location, installat[or, construction. design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance sha become effective and tne rights hereunder accrue to Fiegen & Bisenius. [nc. when this Ordinance has eeen adopted by the City Council and the terms and conditions thereof accepted Dy permittees by acceptance eneorsea on this Ordinance. Section 7. That the City Clerk ~e and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 3rd day of April, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO 32-00 I (We) the undersigned having read and 3eing familiar with the terms and conditions of Ordinance No 32~00, hereby, for themselves, their successors or ass gns, as owners of the abutting proper[y, accept the same and agree to be bound Dy the conditions and agreements therein contained to be oerformed by permittees. By: Is/Matthew Fiegen Dated: 3/22/00 Published officially in the Telegraph Herald ne~spaper this 7th day of April, 2000 Jeanne F. Schneider, City Clerk It 4/7 Buol moved that the requirement that a proposea Ordinance be considered aha voted on for passage at two Council Meetings poor to the meeting at which it is to be finally passed be suspended and further movea final consideration and passage of the Ordinance. Seconded Dy Markham Motion carried 7-0. Communication from the Long Range Planning Advisory Commission requesting that me Counc direct ma Zoning Advisory Commission to appoint a new liaison to the Long Range Planning Commission. presen[eo anr~ read. Michalski moved that the communication be received and filed and strongly urge the Zoning Advisory Commission to uahoid the direction of the Ordinance. Seconded ny Cline. Motion carded 7~. Communicatio~ of Historic ~reservatior Commission regarding the aDDea~ of American Trust and Savings @ank of the Commission's denial to allow the installation of signs au 901 Locust Street. presanted and 'cad. Jim Hamilton oI Amedcan Trust and Peg Hudson, Director of Marketing a[ Amedcan Trust, spoke requesting that American Trust be allowed [o install specific signs at their 901 Locust Street location and that the Council overdde the Historic Preservation Commission's denial of their requesT. Ken Kringle, Chair of the -[istoric Preservation Commission, sooke stating that the requested s~gnage is no[ appropriate. Michalsk[ moved To uphold the Historic Preservation Commission's decision. Seconded by Cline. Vote on the motion was as follows: Yeas--Cline Michalski Nays---Duggan, Vlarkham, Nichoisor Robbins. Buol. Motion failed. Nicholson moved to reverse the Historic Preservation Commission's decision. Seconded by Buol. Vote on the motion was as follows' Yees--Duggan, Markham Nicholsor Robbins. Buol. Nays--Cline, Michalski. Communication from the Long Range Planning Commission on the process for update of the Comprehensive Plan and relateo planning efforts; and process for 28E Agreement for fringe area growm and develooment, presented and read. Nicholson moved tna~ the communication be received and filed. Seconded by Robbins ~4ction carried 7-0. City Manage- recommending adoption of an ordinance relating [o ddver's licenses to conform to the State Code. presented ann read. Michaiski moveo that the communication De received ann filed. Seconded ny Nicholson. Motion carried 7-0, Regular Session, April 3i 2000 121 An Ordinance Amending the City of Dubuque Code of Ordinances by enacting a new Section 32-131 enStied "Operators Licensed - Qperation of Commercial Motor Vehicles" and a new Section 32-132 eaf~ed ~License to be in Possession," presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 33-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ENACTING A NEW SECTION 32-131 ENTITLED "OPERATORS LICENSED OPERATION OF COMMERCIAL MOTOR VEHICLES" AND A NEW SECTION 32-132 ENTITLED "LICENSE TO BE IN POSSESSION." NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY QF DUBUQUE, IOWA: Section 1. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopfing the following new section. Section 32-131. Operators Licensed - Operation of Commercial Motor Vehicles 1. A person, except those expressly exempted, shall not operate any motor vehicle upon any street of this city unlees the person has a driver's license issued by the department valid for the vehicle's operation. 2. A person operating a commercial motor vehicle shall not have more than one ddver% license. A nonresident may operate a commercial motor vehicle in Iowa if the nonresident has been issued a license by another state, a nonresident commercial ddver's license, or a driver's license issued by a foreign jurisdiction which the federal highway administration has determined to be issued in conformity with the federal commercial ddver testing and licensing standards, if the license, commercial driver's license, or ddver's license is valid for the vehicle operated. Section 2. The Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting the following new section. Section 32-1~? License To Be In Possession. 1. Every licensee shall have an operator or instruction permit in immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a judicial magistrate or district associ~e judge, a peace officer, or a field deputy or examiner of the department. However, no person charged with violating this provision shall be convicted if such person ~roduces in court, within a reasonable ~me, an operator or instruction permit theretofore issued to such person, and valid at the time of such person's arrest 2. A person shall not operate a motor vehicle upon a city street with an expired driver's license. Section 3. This Ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor At~est: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 7th day of Apdl, 2000. Jeanne F. Schneider, City Clerk lt4/7 Michaiski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior :o the meeting at which it is to be finally )essed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. City Manager recommending adoption of an ordinance relating to the requirements for residential buildings moved within the City limits, presented and read. Robbins moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. An Ordinance Amending the Section 11-60(c) of the City of Dubuque Code of Ordinances regulating relocated buildings or structures, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 34-00 AN ORDINANCE AMENDING SECTION 11-60(c) OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGULATING RELOCATED BUILDINGS OR STRUCTURES NOW, THEREFQRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Sec. 11-60(c) of the City of Dubuque Code of Ordinances is amended to read as follows: (c) Restriction on moving permit. No building or structure shall be relocated or moved ff the building or structure is so constructed or in such condition as to be dangerous or unsafe or if it is infested with pests, is unfit for Regular Session, April 3, 2000 numar habitation or if it ~s so deteriorated, dilapidated or defective that relocation would or could create a safety or health nazaro, or cause a blJgn[ea condition n the new neighborhood. All buildings or structures wnen relocated from outside of the city into the city shall comply with all ordinances and regulations applicable [o new buildings or structures ncluding but no~ limited [o building, electrical, mechanical, plumbing, tire. health ana zoning regulations All residential buildings or s~ruc[ures relocated within the city shall comply with the Uniform Code for Building Conservation and Chapter 26, Housing Regulations. All non-residential buildings or structures relocated within the city shall comply with all ordinances aha regulations applicable to new buildings or structures including but not limited [o building, electricaL, mechanical plumbing, fire, health ana zoning regulations. Al movea buildings or structures shall be completely enclosed within thirty (30) aays after said building or structure is elaced on its new site. Al reaulred changes, [morovements ana -nodifications shall be completed and the building or structure made reaay for occupancy or use within one hundred ana twenty (120) aays from me nme the building permit is issued. Section 2. This Ordinance shall take effect upon publication. Passed appravea and adopted this 3rd day of April, 2000 Terrance M. Duggan, Mayor At, est: Jeanne F. Schneider City Clerk Published officially in the Telegraph Herald newspaper this 7th day of April 2000. Jeanne F. Schneider. City Clerk It 4/7 Robbins moved that the requirement that a proposed Ordinance be considered and vmea on for passage az two Council Meetings pdor to the meeting at which it s [o ge finally oassea be suspended aha fur!her moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7~0. City Manager recommending that the City enter into a contract with WHKS & Co. to assist staff with the Calendar Year 2000 Downtown Street Reconstruction Project, presented anc read. Nicholso~ moved mai the communication be received and filec ana recommendation approvea. Seconded by Robbins. Motion carried 7-0. City Manager recommending that a public headng ce set for April 17, 2000 to consider a request for the City to dispose of a por~ion of property adjacent [o their property, presemea and reaa. Robbins moved that the communication be received and tiled Seconded oy Nicholson. Mot[on carried 7-0. RESOLUTION NO. 135-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2 OF 6 OF MINERAL LOT 322, DUBUQUE, IOWA Whereas Dubuque Stamping Manufacturing nas reeuested the ourchase of a poCdon of Lot 6 of Mineral Lot 322. Whereas. IIW Eng hoers & Surveyors, P.C. nas prepared anc submitted to [ne City Council a showing said pomon of Lot 6 of Mineral Lot 322 ann assigned ~oz numbers thereto which hereinafter shal[ be known and described as Lot 2 of 6 of Mineral Lot 322 'n me City of Dubuque, iowa; ana Whereas the City Council of the City of Dubuc~ue ~owa nas determined that this 2arcel is no longer reuuired for public use. except for util~ easements as noteo, anu sale of said parcel known as Lot 2 of 6 of Mineral Lot 322 in the City of Dubuaue Dubuque County, Iowa should be anoraved. NOW THEREFORE. BE T RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2 of 6 of Mineral Lot 322 in the City of Dubuque, iowa. Section 2. That the conveyance of Lot 2 of 6 of Minera~ Lot 322 in the City of Dubuque, owa [o Dubuque Stamping & Manufacturing be contingent upon the payment of $1.00 plus platting, publication and tiling fees. Section 3. The City of Dubuque reserves unto itself a perpetus easement including the right of ingress and egress thereto, for the purpose cf erecting, installing constructing, reconstructing, repairing, owning, operating, anu maintaining water. sewer drainage, gas, teleonone. cabIe anu elecmc lines as may be authorized Dy me City of Dubuque. iowa. as shown on the slot of survey of Lot 1 of 6 anu Lot 2 of 6 of Mineral Lot Reqular Session,Aprl 3, 2000 , 123 322. No structure shall be built over the easement area. Section 4. That the City Clerk be and is hereby authedzed 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, approved and adopted this 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Budi moved adoption of the resolution. Seconded by Nichdison. Motion carried 7-0. RESOLUTION NO. 136-00 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1 OF 6 AND LOT 2 OF 6 OF MINERAL LOT 322 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 28, 2000, prepared by IIW Engineers & Surveyors, P.C., describing the division of Lot 6 of Mineral Lot 322 in the City of Dubuque; Dubuque County, iowa; 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, [OW,~ Sec~on 1. That the plat dated March 28, 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 and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 1 of 6 and Lot 2 of 6 of Mineral Lot 322. 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 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Communication of City Manager recommending that a public headng be set for April 17, 2000 to consider a second amendment to the Fiscal Year 2000 Budget, presented and read. Michalski moved that the communication be received and filed~ Seconded by Robbins. Motion carded 7~0. RESOLUTION NO. 137-00 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO TIlE FISCAL YEAR 2000 BUDGET AND DATE OF PUBLIC HEARING Whereas, it is proposed that the City of Dubuque amend its Fiscal Year 2000 budget; and Whereas, Section 384.t6 of the Code of iowa stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CFFY' OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 3rd day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michatski moved adoption of the Resolution and set the Public Headng for 4-17-00 at 6:30 P.M. in the Public Library Auditedum and that the City Clerk publish notice in the manner )rescribed by law. Seconded by Robbins. Motion carried 7-0. City Manager recommending reconfiguration of the Dubuque Yacht Basin Lease and that a public hearing be held on April 17, 2000, presented and read. Markham moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 138-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN REAL PROPERTY PURSUANT TO AMENDMENT TO LEASE AGREEMENT BETWEEN THE DUBUQUE YACHT BASIN; INC. AND THE CITY OF DUBUQUE, IOWA Whereas, the Dubuque Yacht Basin, Inc., a corporation organized 124 Regular Session, April 3, 2000 and existing under the laws of the State of ~owa. with its pdncioei olace of business in Dubuque Iowa. herein after referred to as "Yacht Basin". and the City of Dubuque, owa. a munieioa~ corporation organlzeo and existing under the laws of the State of Iowa, througn its duly authorized City Council hereinafter referred [o as 'City" are pares to a ~easa agreemen[ eared Aoitl 8. 1970 (Lease Agreement), which Lease Agreement was amended by a First Amendment dated November 3. 1970. ann a Second Amendment dated February 12, 1975; and Whereas the parties desire to fur[her clarify ano modity the Lease Agreement [o more clearly establish the limits of the leased area. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1 That the City intends to disoose of its interest in real 2roperty by ciz-ifying the leased limits of the Lease Agreement as snown by Lease Area A on the exhibit attached [o the Third Ar~endment to Lease Agreement. Section 2. That the City Clerk be and is hereby authorized and directed [o cause s notice of intent to dispose of said rea estate to De published in the manner as prescribed by law. ~assed. approved ado aoopted this 3rd day of April 2000. Terrance M Duggan. Mayor Attest: Jeanne F. Schneider City Clerk Vlarkham moved adoption of the Resolurion and set matter for public hearing on 4-17-2000 at 6:30 P.M. in the Public Library Auditorium and that tne City Clerk Dublish aouce n the manner prescribed by law. Seconded by Robbins. Morion cartied 7-0 RESOLUTION NO. 139-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN REAL PROPERTY PURSUANT TO AMENDMENT TO LEASE AGREEMENT BE'PWEEN THE DUBUQUE YACHT BASIN, INC. AND THE CITY OF DUBUQUE, IOWA Whereas. the Dubuque Yacht Basin Inc., a corporation organized ano existing under the ~aws of the State ct Iowa, with its principal place of business in Dubuque, owa. herein after referred to as "Yacht Basin" ado the City of DubucJe, Iowa, a municipal coreoration organized and existing under ina laws of me State of Iowa, througn its ou~y aumonzed City Council, hereinafter referred To as "City' are paYdes to a [ease agreemem dated February 5 1974 (Lease Agreement); and Whereas, [ne oarties desire re further clarify an(] modify the Lease Agreement [o more c~eaity establish the limits of the leased area NOW. THEREFORE. BE 7 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the City intends to dispose of its interest in rea! property by clarifying the leased limits of [ne Lease Agreement as snown by Lease Area B on the exhibit attacneo to the First Amendment to Lease Agreement. Secrion 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to diseose of said real estate to be published in a manner as orescribed by law. Passed. approveo and adopted this 3rd day of April 2000. Terrance M. Duggad, Mayor Attest: Jeanne F. Schneider City Clerk Markham moved adoption of the Resolution and set mar[er for public hearing on 4-17-2000 at 6:30 P.M. in the Public Library Auditorium and that [ne City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 140~)0 RESOLUTION OF INTENT TO DISPOSE OF CiTY INTEREST IN REAL PROPERTY PURSUANT TO AMENDMENT TO LEASE AGREEMENT BETWEEN THE DUBUQUE YACHT BASIN, INC. AND THE CITY OF DUBUQUE, IOWA Whereas the Dubuque Yacht Basin, inc. a corDorarion organized add existing under the laws of the State of Iowa. with ts principal place of business in Dubuque, ~owa. herein after referred to as "Yacht Basin", and the City of Dubuque. ~owa. a mumeipal corporation organized anc existing under the laws of the State of Iowa through ts duly authorized City Council hereinafter referred to as "City" are parties to a lease agreemen[ oa[eo %lovember 23. 1987 (Lease Agreement), which Lease Agreement was amended by a First Amendment dated December 21 1987 and a Second Amendment dated January 19 1988: and Whereas, the parties desire to further clarity and modify the Lease Agreement to more eieady establisi' Reqular Session; APril 3; 20,00 125 the limits of the leased area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City intends to dispose of its interest in rea[ property by cladtying the leased limits of the Lease Agreement as shown by Lease Area C on the exhibit attached to the Third Amendment to Lease Agreement. Section 2. 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, approved and adopted this 3rd day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cb Clerk Markham moved adoption of the Reso[ation and set matter for public hearing on 4-17-2000 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 Robbins. Motion carded 7-0. City Manager recommending a revised schedule for bidding and demolition of the Dolan Budding and that a public hearing be set for May 1, 2000, presented and read. MichalskJ moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 141--00 RESOLUTION RESCINDING RESOLUTION NO. 93-2000 AND ORDERING BIDS AND FIXING DATES OF HEARING ON PLANS AND SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF THE DOLAN BUILDING (330-336 MAIN STREET) Whereas, by Resolution No. 93~ 2000, this City Council authorized and directed the advertlaing of bids for the demolition and site clearance of the Dolan Building at 330-0336 Main Street; and Whereas, subsequent events necessitate the revision of bid documents for said project including, in particular, the schedule for bidding and completion. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 93- 2000 is hereby rescinded. Section 2. That the City Clerk is hereby author~ed 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 par[ hereof. Section 3. That on the 1st day of May, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested ~ersons 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 4. That the City Clerk is hereby directed to cause notice of the time and place of such hearing to be ~ublished 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 of the headng. Passed, adopted and approved this 3rd day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set matter for public hearing on 5-1-2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner ~reecdbed by law. Seconded by Robbins. Motion carried 7-0. There being no fur[her business, Michalski moved to adjourn. Seconded by Nicholaon. Motion carded 7-0. The meeting adjourned at 8:24 P.M. /s/Jeanne F. Schneider City Clerk Approved ~ /'~// ,2000 Adopted ¢,~,~.z¢4 1'7, ,~ ,2000 - z/ C~'n~il Mernb~r~ ~ .., ~, Clerk 126 Special Session, April 17, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Approved ~ /'~¢ ,2000 A doptad .,2000 City Council, Special Session, Monday, April 17, 2000 Council Met for Dinner at 5:00 P.M. in the Library Rotunda. At 5:39 P.M. Council met in Special Session in the Public Library Auditorium Present: Mayor Duggan, Council Members Markham, Michalski, Nicholson, Robbins, Cline, City Manager Michael Van Milligen, Corporation Counsel Barry A. LindahL Absent at Roll Call: Council Member BuoL Council Member Buol en[erea the Chambers at 5:41 P.M. Mayor Duggan read the call ane stated this is a Special Session of the City Council called to conduct a join~ Council Members sessior with the Histodc Preservation Attas~/ -{istoric Preserv~on Commissioners//~'~w Clerk - Ken Kringle, Terry Mozena. Jim Gibbs, (..,,~ -- Susanne Guinn Para Bradford were in attendance with Chair Ken KringIe ano Commissioners Terr¢ Mozena and Jim Gibbs speaking of the review and undate of the Historic Preservation Ordinance. There was a discussion of [he various elemen[s of the proposee Ordinance. Direction was given to remove mention ef an additiona staff position in the problem solving process steps ane also [o substitute the word -explore" for "approve" for Section B Nos. 1 through 5: ana [o seek public input on proposed changes. At 6:30 P.M. upon consensus Counc adjourned this Special Session /s/Jeanne F. Schneider City Clerk Reqular Session, APril i7, 2000 127 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Apdl 17, 2000 Council met at 6:33 P.M. in the Public Library Auditorium Present Mayor Duggan, Council Members Dual, Markham, Michalski, Nicholson, Robbins, Cilne, City Manager Michael Van Mil[igen, Corporation Counsel Barry UndahL Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of acting upon such business which may properly come before the Council. Invocation was given by Pastor Glen D. Larsen, Jr. of the Immanuel Congregational United Church of Chdst. PROCLAMATIONS: Fair Housing Month -Apdl, 2000 received by Human Rights Commission Chair Thom Daterman; Community Development Week - Apd124 - 30, 2000 received by Community and Economic Development Director Jim Burke; Arbor Day - Apdl 29, 2000 received by City Forester Steve Pregler; Sertoma Candy Days - May 12 and 13, 2000 received by Harry Aithaus. Minutes Submitted: CMl Service Commission of 3,'22; Community Development Advisory Commission of 3/21; Environmental Stewardship Advisory Commission of 4/4; Housing Commission Trust Fund Committee of 3/15; Library Board of Trustees of 2/24; Park and Recre~en Commission of 3/14, presented and read. Dual moved that the minutes be received and flied. Seconded by Nicholson. Motion carded 7-0. Proof of Publication of Council Proceedings for 3/20/00; and List of Claims and Summary of Revenues for month ending February, 2000, presented and read. Dual moved that the proof be received and tiled. Seconded by Nicholsom Motion carried 7-0. Printed Official Proceedings for month of January, 2000, presented and read. Buol moved thatthe proceedings be approved as printed. Seconded by Nicholson. Motion carried 7-0. Finance Director submitting Financial Report for Mamh, 2000, )resented and read. Buol moved that the report be received and filed. Seconded by Nicholson. Motion carded 7-0. C~ Manager submitting the Quarterly Investment Report, presented and read. Dual moved that the report be received and filed. Seconded by Nichelson. Motion carded 7-0. Notice of Claims/Suits: Michael Nichols in estimated amount of $53.95 for vehicle damage; Patdcia K. Ruden in estimated amount of $1,872.38 for vehicle damage; Herb Kilnkhammer in undetermined amount, presented and read. Dual moved that the claims and suits be referred to the Legal Dept. for investigation and report, Seconded by Nicholson. 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: vehicle damage claim of Craig and Cindy Van Hove, )resented and read. Dual moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending settlement of property damage claim of Stephen O'Hea in the amount of $100; and vehicle damage claim of Brad P[ummer in the amount of $77.82, )resented and read. Dual moved that the recommendations be approved and Finance Director to issue proper checks. Seconded by Nicholson. Motion carded 7-0. Communication of Reverend Kristian Kincaid submitting his resignation from !the Human Rights Commission, presented and read. Dual moved that the communication be received and filed and resignation accepted. Seconded by Nicholson. Motion carried 7-0. Communication of Public Health Specialist Mary Rose Cordgan requesting that the position of Sarah Schneider on the Environmental 128 Regular Session, April 17, 2000 Stewardship Advisory Commlssior be declared vacant, presented and read Buol moved thatthe communication be received and filed and that the oositio~ be declareo vacant. Seconded By Nicholson. Motion carried 7-0. Communication from Mike Steve submitting his resignation from [ne Plumbing Board, presented and reaa. Michalski moved that the commun cation be received and filed and C~ Manager given direction [o look nto the relationshio between the Plumbing Board and City staff. Seconded cy Nicholson. Motion carried 7-0. Communication of Merlin Green regarding £ransoortation issues in the area, presented and read. Buol moved that the communication be received anc filed ana referred to tne City Manager. Seconded by Nicho[son Motion carried 7-0. Communication of Gary D. Junso, Vice President. Human Resources for John Morrell & Co.. submitting Warn Act Notification to the City of Dubuque, presented and read. Huol moved that the communication be 'eceived and filed. Seconded by Nicholson. Motion carried 7-0. Communication of Alan Manternach, Chairperson of the Dubuque County Hoard of Supervisors. supporting me City of Dubuoue Land and Water Conservation Fund Grant aoolication for the Riorow Valley Restoration Project, oresentec and read Buol moved that tne communication ce received ano filed. Seconded by Nicholson. Motion carded 7-0. April 3, 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 tnsoector was administered on March 22, 2000. We hereby certify that the following individuals nave oassed this written examination and the vacancy for this position should be made from this list. We fur[her state that this list is good for two (2) year(s) from above date INSPECTOR Ii Chades Hattman Thomas Kopp Thomas Reed Gerald Stoffe :~espectfully submitted, /si Merle J. Duehr Jr. Chairperson Loras J. Kluesner Civil Service Commission Buol moved to make [ne above Civil Sen/ice certification a matter of record. Seconded Dy Nicholson. Motion carded 7-0. City Manager recommending approval of an agreement with the Four Mounds Foundatio" [o provide the summer day camp program as Dar[ of the Uptown Recreation Program, presented and read. Buol moved that the communication ce receivec and filed aha approved agreement. Seconded Dy Nicholson. Motion carded 7-0 City Manager recommending approw of an agreement with [SU Extension Services to 2rovide the summer programs as oar of the UPtown Recreation Program, presented and read. Buol movea that the communication se received an¢ fi~ed and recommendation aaaroved. Seconded by Nicholson Motion carried 7-0. City Manager recommending approva of the cwo DePartment of Transportation Agreement for STP Funding for landscaping along the Northwest Arterial presented and read. Buo[ moved that the communication be received and filed and recommendation approved. Request of the Dubuaue Diamond JO Casino To conduct a fireworks display on Monday, May 29, 2000 (rain date of May 30. 2000), oresented and read. Buo] moveo that the communication se received and filed and request approved. Seconded by Nicholson. Motion carded 7-0 City ~4anager recommending approval of an aDolication zo the U.S. Department of Housing and urban Development [o particiaate in the Section 8 Housing Voucher Program, presented and read. Buol moved that the communication De 'ecelved ano filed. Seconded b?Nicholson. Motion carried 7-0. RESOLUTION NO. 142-00 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE SECTION 8 HOUSING VOUCHER PROGRAM Reqular Session, April 17, 21900 !29 Whereas, the City of Dubuque recognizes the continuing unmet need for provision of assisted housing to the City's quaiitying lower-income families; and Whereas, the City has continuously provided housing assistance to Section 8 Housing Program tenants, since 1976; and Whereas; the U:S. Department of Housing and Urban Development has made funding available to encourage municipalities to implement innovative programs promoting the economic independence of lower-income families, through cooperating efforts of the public and private sectors; and Whereas, and in accordance with Section 403A. 5 of the iowa Code which states "A municipality or a 'Municipal Housing Agency' may not proceed with a housing project until a study or a report and recommendation on housing available within the community is made public by the municipality or agency and is included in its recommendation for a housing project. Recommendations must receive majority approval from the local governing body before proceeding on the housing project." AND IN ACCQRDANCE WITH Section 213(c) of the Housing and Community Development Act of I974, which states in part that it must be determined whether or not there is a need for such housing assistance, taking into consideration any applicable State or areawide housing assistance plan as well as generally available data with respect to population, poverty, housing over-crowding, housing vacancies and substandard housing. An application may be approved only if this determination is in the affirmative; and Wheraas~ this application is consistent with the current Comprehensive Housing Affordability Strategy and Consolidated Plan for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City of Dubuque has determined there is a need for additional housing assistance and is knowledgeable of the status of available housing within the City as required by Iowa Code and that majority approval of the proposed housing activity within the City's jurisdiction is hereby granted. Section 2. This resolution is intended to serve as the City of Dubuque's final notice to the U.S. Department of Housing and Urban Development of such approval and that no additional comment will be made by the City of Dubuque on this matter. Section 3. The Mayor is author'Bed and directed to execute an application to the U.S. Department of Housing and Urban Development for participation in the Section 8 Housing Voucher Program. Section 4. The City of Dubuque Housing Commission has conducted the necessary public hearing regarding this application in accordance with requirements of Chapter 403.A:28 of the Cede of Iowa, to review and/or approve or suggest modifications of the plans for program design and administration of this proposed program. Section 5. The City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies n a timey fasb on and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 17th day of Apdl, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of financial assistance to Opening Doors for the Maria House transitional housing project, Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a lease agreement with the Iowa Department of Transportation ;[o allow construction of a parking lot below US 61/151 bridge, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7~0. RESOLUTION NO. 143-00 RESOLUTION APPROVING COMMERCIAL AIRSPACE LEASE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF A PARKING LOT FOR AUTOMOBILE 130 Regular Session, April 17, 2000 AND UGHT TRUCK PARKING BELOW ELEVATED US 61/151 Whereas, the City of Dubuque is proposing to construct a parking lot from 4th to 5th Street, between Central and White. 'scated on US 61/151 right- of-way; ano Whereas, the ~ow~ Depar~men[ of Transpor[a~on nas proposed a Commercial Airspace Lease providing for the terms and conditions relating to the ease of the right-of-way ano construction of said parking lot; and Whereas, the City Council of the City of Dubuaue approves the terms ana conditions of said Commercial Airscace Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Iowa Department of Transportation Agreement consisting of a Commercial Airspace Lease with the iowa Department of Transportatior for the lease of US 61/151 right-of-way and construction of a parking lot on DOT right-of-way as Parcel A and Parcel B on the attached survey plati Section 2. That the City Council of the City of Dubuque agrees to a lease payment of $2,956.80 per year. Sectior 3. That the Mayor be authorized and directed to execute two cooies of the Commercial Airsoace Lease and fonNard the executed cop~es To the Iow~ Depar~mem of Transoorta~on. Passed. approved and adopted this 17th day of April, 2000. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Buol movee aeopt~on of the resolution. Seconded by Nichoison. Motion carried 7-0. City Manager recommending acceotance of rne Oak Meadows Sanitary Sewer Project, presented and read Buo[ movec that the communication be received and filed Seconded by Nicholson. Motio~ carried 7-0. RESOLUTION NO. 144-00 ACCEPTING SANITARY SEWER IN OAK MEADOW SECOND ADDITION Whereas. p Jrsuanr to Resolutior Nos. 95-92 and 1-96, certair improvemems including sanitary sewers were installed by the developer of Lots 1, 2, and A of Block 1 and Lots 1, 2 aha A of Block 2 of Oak Meadow Second Addition: and Whereas the sanitary sewer nas peen completed and the City Manager has examined the work and nas filed a certificate stating that the same nas been comcleted in accorSance with the plans aooroved by the City Council and in conformance with City specifications, and nas recommended mat the sanitary sewer be accepted by the City Council. NOW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. Thatthe recommendation of the City Manager be approved aha that said sanitary sewer in LOtS 1. 2, one A of Brock 1 and Lots 1, 2. and A of Block 2 of Oak Meadow Second Addition be and the same is nereoy accepted. Section 2. That maintenance of said sanitary sewer shall be the responsibility of the contractor and the owner until April 29, 2000. Passed, approved and aoopted this 17th dayofApfil 2000. Terrance M. Duggan Mayor Attest: Jeanne F. Schneider City Clerk Buo moved adoption of [he resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of an agreemera ane partial re~ease vVith Amoco Oil Con' 3any related to construction of the SeiDDel Road am :~ their easement for a oioeline. presented and read. Buol moved that the communication be 'eceived and filed. Seconded By Nicho[son Motion carried 7-0. RESOLUTION NO. 145-00 RESOLUTION APPROVING AGREEMENT & PARTIAL RELEASE WITH THE AMOCO OIL COMPANY RELATING TO THE PLATTING OF SEIPPEL ROAD IN SECTION 31, T89N, R2E, 5TH P.M., DUBUQUE COUNTY, OWA Whereas Amoco O[ Company constructed a pipeline across property legally described as the SW 1/4 ano Lot 1 ofthe SW 1/4 ofthe SE 1/4 all in Section 31. T89N, R2E. 5th P.M., Dubuque County, Iowa; and Whereas a Right-Of-Way Conveyance was granted to Standard Oil. Company, its successors ano assigns covedng [ne aforementioned legal description and recorded in Book L36, Page 63 on July 26. 1946. in the Office of the Dubuque County Recorder: anti Whereas, Amoco Oil Company is willing to descdbe and limit its right-of- way to a defined stnp across said real Regular Session, APril 17; 2000 131 estate, now owned by the City of Dubuque; and is willing to release the remainder of said real estate from the terms and provisions of said tight-of- way contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Agreement & Par[iai Release File 4000-776 consisting of an agreement providing for a partial release of a right-of-way contract for pipeline construction be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this agreement providing for partiaJ release and forward the executed copies to Amoco Oil Company . for their approval; Passed, approved and adapted this 17th day of April, 2000. Terrance M. Duggan, Mayor Atlest: Jeanne F. Schneider, City Clerk Buol moved adop~on of the resolution. Seconded by Nichoison. Motion carried 7-0. City Manager recommending approval of the assignment of leases with Dubuque Terminals, [nc., to the Peavy Company, presented and read. Buol moved thatthe communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 146-00 RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN LEASES BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE TERMINALS, INCORPORATED TO THE PEAVEY COMPANY Whereas, the City of Dubuque, iowa has leased to Dubuque Terminals, Inc. certain rea[ property pursuant to the following leases: 1. Lease and Agreement dated February 11, 1963 (a/Ida 1982). 2. First Amendment to Lease and Agreement dated December 14, 1965. 3. Exhibit "A", Amendment to Lease dated July 14, 1967. 4~ Amendment to Amended and Substituted Lease and Agreement dated January 28, 1982. 5. Assignment of Lease to Dubuque Terminals, [nc. dated December 6, 1993. 6. Assignment of Lease to Dubuque Bank and Trust Company dated May 2, 1994; and Whereas, Peavey Company has requested that the City consent to the assignment of the above-described leases by Dubuque Terminals, [nc. to Peavey Company; and Whereas, the lease agreements allow the assignment of leases by the Lessee at its option upon prior written approval of the City, to the extent that the City's interest shall be fully protected; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that it is in the best intei'est of the City to consent to such assignment. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City consents to the assignment of the above-described leases from Dubuque Terminals, Inc. to Peavey Company, and the form of the assignment a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor be authorized and directed to sign the consent to the assignment on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of Apd[, 2000. - Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adopdon of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of the wage plan and compensation package for non- bargaining unit employees, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 147-00 APPROVING THE WAGE PLAN AND COMPENSATION PACKAGE FOR NON-BARGAINING UNIT EMPLOYEES Whereas, [t has been the practice to provide a compensation package to non-bargaining unit employees similar to the compensation package to be received by bargaining unit employees; and Whereas, the proposed wage plan for non-bargaining unit employees represents an increase of 2.6 percent across the.board effective July 1, 2000, which is consistent with the wage increase to be received by the City's bargaining units. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the wage plan and compensation package for non- bargaining unit employees is hereby 132 Regu~r Session, April 17, 2000 approved. Passee approved and adooted this 17th day of April, 2000. Terrance M. Duggan, Mayor Attest: Mary A. Davis. City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approva~ of the final plat of Forest Grange Subdivision. presented and teac. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 148-00 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 18, 19, 20, 21 AND 22, FOREST GRANGE SUBDIVISION, IN DUBUQUE COUNTY, IOWA Whereas there has been filed with the City Clerk a final plat of Lots 18, 19 20, 21 and 22, Forest Grange Subdivision, in Dubuque County; Iowa, and Whereas upon said final 21at appear streets to be known as Forest Meadow, and Whereas. the 2reliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon with the waiver of Article IV. Design and Improvement Standards of the Subdivision Regulafions, except for Section 42~19 and Whereas said fina 0tat has Been reviewed by the City Planner ano had her approval endorsed thereon and Whereas, said fina 21at has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW. THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OFTHE CITYOF DUBUQUE iOWA: Section 1. That the final ~lat of Lots 18. 19, 20, 21 and 22. =crest Grange Subdivision, in Dubuque County, Iowa is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approva~ of the City of Dubuque, Iowa, upon said final plat. Section 2. That the City Council hereby waives Article IV Design aBc Imerovement Standards except for Section 42-19. Lots and Blocks of the City Subdivision Regulations. Passed, approved and adopted this 3rd day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buol 'noved adoption of the resolufion. Seconded by Nicholson. Mofion carried 7~0. City Manager 'ecommending acceptance of the utility relocafion costs for the Old Main Freeway Frontage mprovemen! Project, presented and read. Buol moved that [ne communication De received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 149-00 RESOLUTION APPROVING FINAL PAYMENT TO INTERSTATE POWER COMPANY NOW KNOWN AS ALLIANT ENERGY, US WEST COMMUNICATIONS, TCl OF IOWA, INC, ',iOW KNOWN AS AT&T CABLE SERVICES, AND STEVE ULSTAD ARCHITECTS FOR THE OLD MAIN FREEWAY FRONTAGE IMPROVEMENT PROJECT AND REQUESTING FINAL REIMBURSEMENT OF INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) ENHANCEMENT FUNDS. Whereas, the City of Dubucue. owa has received federal nmrmoda Surface Transeortation Efficiency Act (ISTEA) funding from me Iowa Department of Transportafion unaer the Statewide Enhancement Funding Program for the Old Main Freeway Frontage morovement Project: and Whereas. [ne Cid V~ain Freeway Frontage improvement Project consists of placing undergrouna the overhead wires in a four block area of downtown Dubuque adjoining U.S. Highway 61- 151; ana Whereas Utility Relocafion Agreements 2etween the City of Dubuque and Interstate Power Company, US West Communications and TCI of iowa, Inc. to relocate their aboveground facilities underground between 4th Street and the Locust Street connector were approved by the City Counci on July 7, 1997 Dy Resolufion No. 276-97 and Whereas the project has been completed and the City concurs with the final audit completed by the owa Debar[mere of Transportation of the project costs. NOW. THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE OWA: Section 1. Thatthe Utility Relocation Reqular Session, April,17~ 2600 133 Agreement between the City of Dubuque and interstate Power Company, now known as Alliant Energy, is hereby approved as complete for a total final cost of $413,619,39, Section 2. That the Utility Relocation Agreement between the City of Dubuque and U.S. West Communications is hereby approved as complete for a total final cost of $31,036~85. Section 3. That the Utility Relocation Agreement between the City of Dubuque and ATT Cable Services (TCI of iowa, inc.) is hereby approved as complete for a tetal final cost of $24,341.90. Section 4. That the Construction Management contract between the City of Dubuque and Steve Uistad Amhitects is hereby approved as completed for a total final cost of $43,168.69 for project management of the Old Main Freeway Frontage Improvement Project. Section 5. That the City Treasurer is hereby directed to make payments to AJiiant Energy, US West Communications, ATT Cable Services and Steve Uletad Architects in the above stated amounts. Section 6. That the City Manager be and he is hereby authorized to request reimbursement from the Iowa Department of Transportation for the Intermodal Sur¢ace Transportation Efficiency Act (ISTEA) Enhancement Funds in the amount of $375,198.51 for the above project. Passed, approved and adopted this 17~h day of April, 2000. Terrance M. Duggan, Mayor At, sst: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 70. City Manager recommending selection of IIW as the engineering consultant for the extension of Chavenelle Road, presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 150-00 A RESOLUTION APPROVING THE SELECTIQN OF IIW ENGINEERS & SURVEYORS, P.C. FOR THE DESIGN AND CONSTRUCTION OF THE WESTERLY EXTENSION OF CHAVENELLE ROAD AND AUTHOPJZ[NG THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID STUDY. Whereas, the City of Dubuque, Iowa has identified the need for industrial development sites as a top community priority; and Whereas, a Request for Preposals solicited consultant services to provide design and engineering services for the westedy extension of Chavenelle Road; and Whereas, llW Engineers & Surveyors, P.C. is recommended to complete the design and engineering project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thetthe selection of IIW Engineers & Surveyors, P.C. as the consultant for the westedy extension of Chavenelle Road project for the City of Dubuque is hereby approved; Sec'don 2. Thatthe City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, owa, a contract with IIW Engineers & Surveyors, P;C. for consultant services not to exceed $36,500.00 for design services plus an estimated $15,000.00 for construction management services. Passed, approved and adopted this 17m day of April, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Communication from the State Historical Society of Iowa advising that Four Mounds will be considered for nomination to the National Register of Historic Places, presented and read. Buol moved that the communication be received and tiled and referred to the City Manager. Seconded by Nicholson. Motion carded 7-0. Communication from Corporation Counsel requesting Mayor and City Council approval of release and Settlement Agreement in Lee County, el al, V. IASD Health Services Corporation d/b/a/ Wellmark Blue Cross and Blue Shield of Iowa, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 151-00 Whereas, applications for Liquor 134 Regular Session, April 17, 2000 Licenses have been submitted to this Council for approval and the same have eeen examined aha approved; and Whereas the premises to be occupied Dy SUCh applicants were inspected and found to comply with the State Laws and al City Ordinances relevant thereto aha they have filed proper bonds. NOW TH'EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T'-~E CITY OF DUBUQUE IOWA: That the Manager be authorized to cause to be issued the following nameo applicants a Liquor License. CLASS "LA" (CLUB) BEER/LIQUOR LICENSE Dubuoue Loyal Order of Moose Dbq Loyal Order of Moose #355 +(Suqday Sa[es) 1166 Main CLASS "C" [COMMERCIAL) BEER/LIQUOR LICENSE Dukes Place Inc. Dukes Place +(Sunday Sales) 2600 Dodge Myra Woodman Central TaD +(Sunday Sales) 1046 Central GMRI. Inc. Olive Garden ItJn Rstr +(Sunday Sales) 3350 Dodge Jeannine <ersch Idle Hour +(Sunday Sales) 1555 Central Maw Lou Kamp Noonan's Tap +(Sunday Sales) 1618 Contra Donna Giuter West Dubuque Tap +(Sunday Sales) 1701 Asbury Passed approveo and aooeted this 17th day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved auoption of the resolution. Seconded Dy Nicholson. Motion carried 7-0. RESOLUTION NO. 152-00 Whereas applications for Beer Permits have been submitted and filed to this Council for approval and the same nave been examined and approved: and Whereas, the premises to De occupied by such applicants were inspec~ea and found to comply with the Ordinances of this City and have filed proper bonds. NQW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized m cause To be issued the following ~amea applicants a Beer Permit CLASS "C" BEER PERMIT A & T LLC Plaza 20 Amoco +(Sunday Sales) 2600 Dodge Wareco Service Inc. Wareco # 662 (Sunday Sales) 700 Rhomberg Ave CLASS "B" BEER PERMIT (5 DAY SPECIAL EVENT) Donna Giote~ Dubuque(est +(Sunday/Outdoor Sale) 7th & Town Clock Plazs Dubuoue Jaycees Main St Event +(Outdoor Sale, Tent A Main Stflst - 3rd) Dubuque Jaycee Main St Event +(Outdoor Sale) Tent B Main St(lst- 3rd) Passed, approved and aoopted this 17th dayofApri 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buol ,moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: LONG RANGE PLANNING COMMISSION: Applicants: Chris Cur(man and John F. Michalski Mr. Currman and Mr Michaiski both spoke requesfing consideration fo- appointment APPOINTMENTS To me following Boards/Commissions: CIVIL SERVICE COMMISSIQN: Applicant: Richard Werczberger. Mayor Duggan appointed, with unanimous concurrence of Council Mr. Wertzberger To ~ne Civii Service Commission for a four year term which will expire 4-6~04. Michalski moved that the rules ce suspended to allow anyone present to address the Counci if they so desire Seconded by Robbins. Motion carried 7-0. Proof of Publication on kJofice of Public Hearing to consider disposing of City's interest in Lot 2 of 6 of Minera Lot 322. Dubuque, Iowa and communication of CH Manager recommending approval of the disposition of the City's interest in -ct 2 of 6 of Mineral Lot 322 To Dubuoue Stamping and Manufacturing: presented and read. Buol moved that me proof and communication be received aha filed Seconded Dy Markham. Motion carried 7-0. Dave Spahn from Dubuque Stamping Co. spoke requesting this property. Reqular Session, April 17i 2008 135 RESOLUTION NO. 153-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2 OF 6 OF MINERAL LOT 322, DUBUQUE, 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 Dqbuque, Iowa on the 7th day of April, 2000, the City Council of the City of Dubuque, Iowa met on the 17th day of April, 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 described as: Lot 2 of 6 of Mineral Lot 322 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City Of Dubuque, lo,va overruled any and all objections, oral or written to the proposal to sell such real estate, except for easements 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 descdbed as Lot 2 of 6 of Mineral Lot 322 in the City of Dubuque, 10wa to Dubuque Stamping & Manufacturing be and the same is hereby approved for the sum of $1.00 plus cost of publication, platting and tiling fees. Conveyance shall be by Quit Cl~iim 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, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. sable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 1 of 6 and Lot 2 of 6 of Mineral Lot 322. No structure shall be built over the easement area. 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 Dubuque Stamping & Manufacturing upon receipt of the purchase price in full: Section 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. I Passed, approved and adopted this 17th day of APril, 2000. Terrance M. Duggan; Mayor Attest: Jeanne F. Schneider, C~ Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Proof of Publication on Notice of Public Hearing to consider an amendment to the Dubuque Yacht Basin Lease and communication of City Manager recommending approval of amendments to the lease agreement between the Dubuque Yacht Basin, Inc., and the City of Dubuque, Iowa, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Attorney Art Gilleen representing the Shanley's spoke appreciatively of the Cites approval. RESOLUTION NO. 154-00 RESOLUTION APPROVING THIRD AMENDMENT TO LEASE AGREEMENT DATED APRIL 8, 1970 Whereas, the Yacht Basin, Inc. has one certain Lease Agreement with the City of Dubuque dated Apdl 8, 1970, as amended by a First Amendment dated November 3, 1970, and a Second Amendment dated February 12, 1975; and Whereas, the Yacht Basin, Inc. and the City wish to cladfy the Leased limits of the Lease Agreement as shown by Lease Area A on the exhibit attached to the Third Amendment to Lease Agreement NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWAc Section 1. That the Third Amendment to Lease Agreement dated April 18, 1970, be hereby approved and the Mayor be authorized and directed to execute the Third Amendment to the Lease Agreement dated April 8, 1970, as amended by a First Amendment dated November 3, 1970, and a Second Amendment dated February 12, 1975. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and Third Amendment to the Lease Agreement dated April 8, 1970, in the offices of the City Treasurer, Dubuque County Recorder, and Dubuque County Treasurer. Passed, approved and adopted this 17th day of June, 2000. 136 Regular Session, April 17, 2000 Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markharr moved adoPtiOn of the Resolution. Seoondec Dy Nicholson. Motion carried 7-0. RESOLUTION NO. 155-00 RESOLUTION APPROVING FIRST AMENDMENT TO LEASE AGREEMENT DATED FEBRUARY 5, 1974 Whereas. the Yacht Basin [nc. has one certain Lease Agreement ~th the City of Dubuque dated February 5 1974: ane Whereas the Yacht Basin and the City wish to clari~ the Leased limits of the Lease Agreement as snown by Lease Area B on the exhibit attached to tne First Amendment to _ease Agreement. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1. That the First Amendment to Lease Agreement dated February 5 1974 be hereby approvee and tne Mayor ue authorized and directed to execute the First Amendmenl [o me Lease Agreement dated February 5. 1974. Section 2. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and First Amendment to the Lease Agreement dated February 5, 1974. in the offices of the City Treasurer Dubuque County Recorder and Dubuque County Treasurer. Passed. approved ane aeoeted this 17th day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Markham moved adoption of the Resolution. Seconded by Nicholsor Motion carried 7-0. RESOLUTION NO. 156-00 RESOLUTION APPROVING THIRD AMENDMENT TO LEASE AGREE- MENT DATED NOVEMBER 23, 1987 Whereas, the Yacht Basin Inc. has one certain Lease Agreement with the City of Dubuque dated November 23, 1987, as amendec by a First Amendment dated December 21 1987. and a Secona Amendment dated January 19, 1988: and Whereas. the Yacht Basin. [nc. and the City wish to clarify the Leased limits of the Lease Agreement as ShOWn by Lease Area C on the exhibit a~acned [o [ne Thirc Amendment ro Lease Agreement. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1 That the Third Amendment to Lease Agreement dated November 23, 1987 ee hereby approved and the Mayor be authorized and directed to execute the Third Amendment to the Lease Agreement dated November 23, 1987. as amended by a First Amendment dated December 21. 1987, and a Second Amendment dated January 19, I988. Section 2. That the City Clerk be and is hereby authorized and directec to 'ecord a certified capy of this resolution and Third Amendment to Lease Agreement dated November 2~, 1987, in the offices of the City Treasurer Dubuque County Recorder. and DubL que County Treasurer. =assed, aeeroved and adoeted this 17th day of April 2000 Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved ar~ootion of [ne Resolution. Secondec oy Nicholson. Motion carried 7-0 Proofs of Publicatic q or Notice of Headng on Plans and Specs aec Notice of Hearing to Property Owners on Resolution of Necessity for 2000 P.C. Concre[e Paving Project - No_ 1 consisting of College Street, Parkway, Douglas, and Langworthy from College toBooth. 2resentee-ane read. Robbins moved that tee proofs be received and filed. Seconded by Nicholson Vlotion carried 7-0. RESOLUTION NO. 157-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas on the 15th day of March. 2000. Dtans specificationS, form of comract ane est[mated cost were filed with me City Clerk of Dubuque, Iowa for the 2000 P.C Concrete Paving Projec[ - No. 1. Whereas notice of hearing on plans, specifications form of contract, ana estimated cost was published as required by law. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF DUBUQUE IOWA: That the said p~ans, specifications form of contract and estimated cost are nereey approved as the plans specifications form of contract and estimated cost for said improvements for said project. Passed. adoeted and approved this 17th day of April, 2000. Regular Session, April 17~ 2000 t37 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicheison. Motion carded 7-0. RESOLUTION NO. 158-00 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 2000 P.C. CONCRETE PAVING PROJECT -NO. 1 Whereas, the City Council has proposed a Resolution of Necessity for the 2000 P.C. Concrete Paving Project - No. 1, has given notice of the public hearing thereon as required by law; and Whereas, the public, headng has been held, all persons offedng objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: X Adopted, without amendment, and all objections filed or made having been dully considered are overru[e(J. Passed~ adopted and approved this 17th day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution: Seconded by Nicheison. Motion carded 7-0. RESOLUTION NO. 159-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the 2000 P.C. Concrete Paving Project -No. 1 is hereby ordered robe advertised for bids for construction: BE iT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shell 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 advedJse for bids for the construction of the improvements herein provided, to be published in a newspaper having genera[ circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 4th day of May, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for finei action at 6:30 p.m. on the 15th day of May, 2000. Passed, adopted and approved this 17th day of April, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Fengler and Kerper Intersection Project and recommendation of City Manager to award contract, presented and read. Robbins moved that the proofs and communication be received and flied. Seconded by Nicheison. Motion carried 7-0. RESOLUTION NO. 160-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas; on the 1st day of March, 2000, plans; specifications, form of contract and est[mated cost were filed with the City Clerk of Dubuque, Iowa for the Fengler and Kerper Intersection Project Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by [aw. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications; form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 17th day of Apdl, 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. 161-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fengler and Kerper intersecflon Project ~ureuant to Resolution No. 91-00 and notice to bidders published in a 138 Regular Session, April 17, 2000 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 6th day of Apdl, 2000, and it has been determined that the bid of Tschiggfde Excavating, Inc. of Dubuque, Iowa, in the amount of $204,049~30 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the contract for tne above improvement be awarded to Tschiggfrie Excavating, Inc. and the Manager be and is hereby directec to execute a contract on 3ehaf of tne City of Dubuoue for the complete performance of the work. ~ See Next Page - I'll insert that copy into the proceedings[ BE IT FURTHER RESOLVED: That upon the signing of said contrac~ and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 17th day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cit~ Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Proof of Publication on Notice of Public Hearing on amendment to the Fiscal Year 2000 budget and communication of City Manager recommending aeoption of the amendment, presented and read Robbins movec that the oroof ano communicatio~ be received and filed Secondeo Dy Nicholson. Motion carried 7-0, Reqular Session, April 17~ 2000 139 Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Nichdison moved that the rules be reinstated limiting discussion to the Council. Seconded by Robbins. Motion carded 6.0. Rick Beecher requesting to address the Council regarding a waiver of a City ordinance, presented and read. Rick Beecher, 2764 Hickory Hill Court, spoke requesting this one time only amendment to the City Ordinance allowing alcohol into Gay Park for a Class Reunion. Michalski moved to amend the Ordinance to allow consumption of alcohol and bringing in of coolers in Gay Park between noon and 5:00 o'clock p.m. Seconded by Budi. Motion carded 7-0. City Manager recommending approval of a right-of-way encroachment at 2206 Central Avenue for installation of a projecting sign, presented and read. Buel moved that the communication be received and flied. Seconded by Nichdison. Motion carried 7-0. An Ordinance Authorizing The Fischer Companies to construct a projecting sign at 2206 Central Avenue, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 35-00 AN ORDINANCE AUTHORIZING THE FISCHER COMPANIES TO CONSTRUCT A PROJECTING SIGN AT 2206 CENTRAL NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Pischer Companies, as the owner of the premises known as 2206 Central Avenue, Dubuque, Iowa, and legally described as Lot 2B of LH. Langworthy's Addition, be and they are hereby granted the revocable permit and authodtyto construct and maintain a sign 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 permiftees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said sign; and b. Procure and maintain in force dudng the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City a~ ~lalm against the City of Dubuque arising out of the location, installation, ex~stsnoe, construction or maintenance of sign 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 herein. Section 4. That the permission herein granted is expressly conditioned upon perm~ees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abu~ng property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign 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 sign. Section 5. That permAees covenant and agree that the revocable permit herein granted does not constitute an 140 Regular Session, April 17, 2000 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 asseCced for death, personal injudes and/or property damage against the perm[trees arising out of or in anyway connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to (sign)(Fischer Companies) when this Ordinance has been adopted by the City Council add the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file au Dermittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa Passed. approved and adc2(ed this 17th day of April, 2000. Terrance M. Duggan, Mayor Atbest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 35-00 I (We), the undersigned having read and being familiar with the terms and conditions of Ordinance No. 35-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same ano agree [o 3e bound Dy the conditions and agreements therein contained to be performed by permittees. By: Ronald Helbing Title: Facilities Manager Dated: 4/5/00 Published officially in the Telegraph Herald newspaper this 21st day of Apdl. 2000. Jeanne F. Schneider City Clerk It 4/21 Buol moved that the requirement that a proposed Ordinance be consider~ed and voted on for passage al two Council Meetings prior to the meeting al which it is to be finally passed be suspended aRC further moved dna] consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. City Manager recommending the selection of Veenstra & Kimm inc., as the consultant for the Hedtage Trail Extension Project, presented and read Michalski commended Staff on presentation and material of the Heritage Trail Extension Project. Michalski moved that the communication be received and filed and that the recommendation be approved. Seconded by Nicholson. Motion carded 7-0. City Manager requesting that a worksession be scheduled for May 1, 2000 to discuss the Community Transportation Study, presented and read. Michalski moved that the communication be received and tiled and approved the request setting Worksession for 5-1-2000 at 5:30 P.M. Seconded by Buol. Motion carded 7-0. City Manager recommending adoption of a modified weight limit for the Brunskill Road and Louise Lane Bddges, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. (OFFICIAL PUBLICATION) ORDINANCE NO. 36-00 AN ORDINANCE AMENDING SECTION 32~185(a) OF THE CITY O.F DUBUQUE CODE OF ORDINANCES PROHIBITING HEAVY VEHICLES ON CERTAIN BRIDGES BY ADDING BRUNSKILL ROAD BRIDGE AND LOUISE LANE BRIDGE NOW. THEREFORE, BE T ORDAINED BY THE CITY COUNC L OF THE CITY OF DUBUQUE OWA: Section 1. That the Code of Ordinances of the City of Dubuque Iowa be amended by deleting Subsection (a) of Sectior 32-185 as foilows: (a) When signs are erected giving notice thereof, no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bddges 5 TONS Fengler Street Bridge Manson Road Bddge Section 2 That the Code of Ordinances of the City of Dubuque, awa. be amended by adding to Subsection (a) of Section 32-185 as foliowa: (2) When signs are erectec~ giving notice therefore no person shall operate a vehicle exceeding the posted gross vehicle weight limits on, or over the following bddges: 5 TONS Reqular Session, April 1742000 14! Fengler Street Bridge Manson Road Bridge 12 TONS Brunski[l Road Bddge 18 TONS Louise Lane Bddge Passed, approved and adopted this 17th day of Apd], 2000. Terrence M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Published officisi[y in the Telegraph Herald newspaper this 21et day of April, 2000. Jeanne F. Schneider, City Clerk It 4/21 Markham 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 De suspended and further moved final consideration and passage of the Ordinance. Secondec by Nicholson. Motion carried 7-0. City Manager and the Environmental Stewardship Advisory Commission recommending that the Deer Management Plan be continued, 9resented and read. Buol moved that the communications De 'ecsived and tiled and recommendation aeeroved. Seconded by Nicholson. Motion carried 7-0. John Bennezt of the Environmental Stewardship Commission. and Paul Schu[tz of City Staff, spoke stating that the southern par[ of the City still has more deer ane may need other a~ernatives to alleviate the problem. Joe Hinderman, 2848 Beacon Hill, spoke of the success of this program thus far. City Manager recommending approval of the assignmen[ of a lease from Arcadian Corporation to Dubuque Terminals, Inc. an amendment of a Lease between the City of Dubuque and Dubuque Terminals Inc., and an agreement between the City of Dubuoue and Dubuque Terminals. Inc., .~resented and read Buol moved that me communication De received and filed. Seconded by Robbins. Motion carned 7-0. RESOLUTION NO. 163-00 CONSENTING TO A LEASE ASSIGNMENT BY PCS NITROGEN FERTILIZER, LP TO DUBUQUE RIVER TERMINALS, INC. Whereas, PCS Nitrogen Fertilizer. LP (PCS Nitrogen) has requested that the City of Dubuque (City) consent to a Lease Assignment of its Lease dated November 20, 1962, between PCS Nitrogen and City, to Dubuque River Terminals, Inc. And Whereas, the Lease Assignment attached hereto appears to be in the best interests of the City. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE AS FOLLOWS: 1. The City hereby consents to the Lease Assignment attached hereto. 2. The Mayor is hereby authorized and directed to sign the Lease Assignment. 3. The City Clerk is hereby authorized and directed to record this resolution with the Dubuque County Recorder. Passed. approved aha adopted this 17th day of Apdl, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneide- Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0 RESOLUTION NO. 164-00 APPROVING AN AMENDMENT TO LEASE AND AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE TERMINALS, INC. Whereas, the City of Dubuque and Dubuque Terminals, Inc. are parties to a Lease and Agreement dated the 8th day of May, 2000. a copy of whic[' is attached nereid, and which Lease and Agreement nas previously been amended bythe parties; And Whereas, the oarties now desire to further amend the Lease and Agreement as set forth in the attachec Amendment. NOW THEREFORE= 3E r7 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA., AS FOLLOWS: 1. The Amendment to Lease and Agreement attached hereto is hereby approvea. 2. The Mayor is hereby authorized and directed to execute the Amendment on behalf of the City of Dubuoue. Passed, approved and adopted this 17th day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the resolufion. Secondec by Robbins. Motion carded 7-0 City Manager recommending 142 Regular Session, April 17, 2000 approval of the Five Year Agency Plan to be submitted by the Housing Department to the US Department of Housing and Urban Development (HUD), presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Nichoisca. Motion carded 7-0. Zoning Advisory Commission advising of their approval to rezone property located at the corner of Nevada Street and YM-YVVCA Drive from OR Office Residential to R-1 Single Family, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northeast corner of Nevada Street and YM-YVVCA from OR Office Residentb Distdct to R-1 Single -Family Residential District presented and read. Michalski moved that the requirement that a oroposed Ordinance be considerec and voted on far passage at two Council meetings pdor to the Counsil meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium cna that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Comm~ssior advising of their aoorovsi to rezone properly located ar 511 Garfield Avenue from R-2A Alternate Two- Family Residential to OR Office Residential presenmc and read. Buo; moved that the communication be received and filed. Seconded Dy Markham. Motion carried 7-0. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described propers, located az 511 Garfield Avenue from R-2A Alternate Two-Family Residential Distdct to OR Office Residential Distric[, presented and read. Buol movec that the reauirement that a proposed Ordinance De considered aha vo[ea on for passage at two Council meetings prior to me Council meeting at which it is to be finally adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1st day of May; 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 Markham. Motion carried 7-0. Zoning Advisory Commission advising of their approval of a request to rezone property from AG Agricultural and R-1 Single Familyto PUD Planned Unit Development with a PO Planned Office and a PR Planned residential designation, presented and read. Markham' moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. An Ordinance Amending the Zoning Ordinance of the City of Dubuque by reclassifying hereinafter described property located at 3030 Brunskill Road from AG Agricultural and R-1 Single Family Residential Districts to PUD Planned Unit Develooment Distdct with a PO Planned Office District ana a PR Planned Residential District Designation anc Adopting a Conceptual Development Plan. with Conditions, presented aha read. Markham movea [nat the reau~rement that a proposed Ordinance be considered and voted on for passage at two Council meetings pdor to the Council meeting at which it is to De finally adop~ed b~e suspended. Seconded ey Buoi. Carried by the ¢ollowing vote: Yeas--Duggan, Cline. Markham ~licholson. Robbins. Buol. N ays--MichalskL Markham movec that a ~ublic Headng be held on me proposed Ordinance on the 15th day of May, 2000 a[ 6:30 =.M. in the Public Library Auditorium and that the City Clerk eublish notice in the manner prescribed by law Seconded by BuoL Motion carried 7-0 Zoning Advisory Commission advising of their denial To rezone 3ropercy located at 3966 Asbury Road from AG Agricultural to R-1 Single Family Residential, R-3 Moderate Density Multi-Family Residential and C- 2 Neighborhood Shopaing Center District. presented and read. Buo moved thc1 [he communication be received and filed Seconded ey Markham. Motion carried 7-0. An Ordinance Amending Apoendix A of the City of Dubuaue Code of Ordinances by reclassifying hereinafter Regular Session, April 17; 2000 143 described property located at 3966 Asbury Road from AG Agricultural to R- 1 Single Family Residential, R-3 Moderate Density Multi-Family Residential, and C-2 Neighborhood Commercial Shopping Center District, 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 Council meeting at which it is to be finatly adopted be suspended and further moved that a Public Hearing be held on the proposed Ordinance on the 1st day of May, 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 Markham. Motion carded 7~0. Zoning Advisory Commission advising of their approval to amend We Dubuque Industrial Center Planned Industrial District to allow construction of common driveways to serve adjacent properties, presented and read. Markham 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 Qrdinances by repealing Secfion 2, Attachment C-4 of Ordinance 69-98, and enacting a new Section 2, Attachment C-4 in lieu thereof pertaining to allowing common drives between lots for the Pi Planned Industrial Distdct for Dubuque Industrial Center, presented and read. Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings pdor to the Council meeting at which it is to be finally adopted be suspended and further moved that a Public Headng be held on the proposed Ordinance on the 1st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the C~ Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval of a text amendment pertaining to the City Council's public hearing process for rezonings and text amendments, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by amending Section 6-1.4 Commission Action and Section 6-1.5 Council Action, pertaining to zoning reclassifications and text amendments, 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 Council meeting at which it is to be finally adopted be suspended and further moved that a Public Heedng be held on the proposed Ordinance on the 1st day of May, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk ~ublish notice in the manner prescribed bylaw. Seconded by Markham. Motion carded 7-0. City Manager submitting documents for the Fiscal Year 2001 AC Asphalt Paving Project and recommending that a public hearing be set for May 15, 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 165-00 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 Asphalt Paving Project - FY 2001, in the estimated amount of $400,13'L34, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO; 166-00 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, specitications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 2000 Asphalt Paving Project - FY 2001. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 144 Regular Session, April 17, 2000 OF THE CITY OF DUBUQUE. IOWA: That on the 15th day of May, 2000, a public hearing will be held at 6:30 p.m. in the Public Jbrary Auditorium at which lime interested sersons may appear and be heard for or against the proposed clans and specifications form of contract ano cost of said 'mprovemeot ano the City Clerk ce 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 wventy oays pdor to the day fixed for its consideration At the hearing, any interested person may appear and file objections to the proposed plans, specifications contract, or estimated cost of the improvement ~assed, ac~ootea and approved this 17th day of April 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 3uol moved adoefion of the resolution. Seconded by Markham. Motion carried 7-0 RESOLUTION NO. 167-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the 2000 Asohalt Paving Project - FY 2001 is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amoun[ of the security accompany each bki sba De 'n an amount which shall conform To the provisions of the qofice to bidders hereby approved as a part of the plans ano soecificafions heretofore adopted. That the City Clerk is hereb., directed to advertise for bids for the construction of the imerovements herein provided. to be published in a newspaper having genera drculafion '- the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day of May, 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 15th day of May, 2000. Passed, adopted and approved this 17th day of April, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. City Manager requesting that a public hearing be set for May 1, 2000 to consider the issuance of $3,000,000 General Obligation Bonds for expanson of the Fifth Street ~arking Ramp presented ana read. Buol moved that me communicauon se received ano filed. Seconded by Markharr Motion carried 7-0. RESOLUTION NO. 168-00 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque iowa, should issue General Obligation Bonds to the amount of not to exceed $3.000.000 as authorized by Section 384.24, of the City Code of iowa for the purpose of providing funds to pay costs of carrying out an essenfial corporate Duroose project as hereinafter described: and Whereas. before said Bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which me Council ProPoses to take action for the issuance of the Bonds and to receive ora~ and/or written objections from any resident or properly owner of said City to SUCh action and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1 That'this Council meet in the Auditorium Carnegie-Stout Public Library, Dubuque, Iowa, at 6:30 o'clock P.M., on the 1st day of May, 2000, for the purpose of taking action on the matter of the issuance of not to exceed $3,000,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which Bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project acfivifies under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, including but not limited to the construction of additional levels of Reqular Session, April 17; 2000 14_5 parking spaces and expansion of the structured parking facility located on Iowa Street between Fifth and Sixth Streets. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, pdnted wholly in the English language, published at least once weekly, and having general circulation in said City, said publicatien to be not less than ten clear days before the date of said public meeting on the issuance of said Bonds. Section 3. The notice of the proposed action to issue said Bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,000,000 GENERAL · OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa; will held a public headng on the 1st day of May, 2000, at 6:30 o'clock P.M., in the Auditorium, Carnegie Stout Public Library, Dubuque, Iowa, at Which meeting the Council proposes to take additional action for the issuance of not to exceed $3,000,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, including but not limited to the construction of addftiena] levels of parking spaces and expansion of the structured parking facility located on Iowa Street bet~veen Fifth and Sixth Streets. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After ail objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Bonds or will abandon the proposal to issue said Bonds. At any time before the date of said meeting, a petition, asking that the question of issuing such Bonds be subm~ed to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, ~ursuant to the provisions of Section 384.26 of the City Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 17th day of Apdl, 2000. Jeanne F. Schneider, City Clerk (End of Notice) Passed and approved this 17th day of Apdl, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider Markham moved adoption of the resolution and set a Public Headng for May 1, 2000 at 6:30 P.M. in the Public Library Auditorium and further set Date of Sale at 4:00 P.M. on May 18, 2000 in Conference Room B, Cb Hall and that the C~ Clerk publish notice in the manner prescribed by law. Seconded by Buo[. Motion carried 7-0. City Manager recommending that the time frame for the public bidding ~rocedures for construction of the Third Street Ramp be extended and that the )ublic headng be reset for May 15, 2000, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 169-00 AMENDING RESOLUTION NO. 120- 00 SETTING A DATE OF HEARING ON PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE THIRD STREET PARKING RAMP Whereas, the City Council of the City of Dubuque, iowa in Reso ution No. 120-00 has given its preliminary approval on the proposed plans, spec~cations, and form of contract and placed same on file in the office of the City Clerk for the public inspection of the CONSTRUCTION OF THE THIRD STREET RAMP. Whereas, the Cb Council previously fixed a date for a headng on plans and specifications for CONSTRUCTION OF THE THIRD STREET RAMP. Whereas, the Citys consultant is recommending that additional time be allowed for local contractors to submit competitive bids. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, 146 Regular Session, April 17, 2000 that Resolution 120-00 is amended to provide that on the 15~ day of May, 2000, a publ[? hearing will be held a[ 6:30 p.m. ~n the Public Library Auditorium atwhich interested ~)ersons may appear and be heard for or against the proposeo ~lans anc speci~cations, form of contrac[ an~ cost of said improvement, and the City Clerk be eno is hereby directed cause a ~dJce of time and place of such headng to be published in a newspaper having general circulation ir the City of Dubuque, Iowa, which notice shall be not ]ess than four days nor more than twenty days pdor te the eay fixed "or its consideration. At the headng, any interested pemon may appear and file objections to the proposed clans, specification.- contract, or estimated cost of ~ne improvement. Passed, approved and aoopted this 17th day of Apdl, 2000 Torrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Michaiski morea adoption .of the Resolution. Seconded Dy Robbins. Motion carded RESOLUTION NO. 170-00 AMENDING RESOLUTION 121-00 ORDERING BIDS FOR THE CONSTRUCTION OF THE THIRD STREET PARKING RAMP Whereas the City Council previously At 8:11 Nicholson moved to go into Closed Session re: Pending Litigation (Iowa Code §21.5(1}(c). Seconded Dy MichalskL Motion carded 7-0. At 8:19 Council reconvened Regular Session with statement that Staff had been given Draper direction There being no further business, Michdski moved to adjourn. Seconded by Markham. Motion oarded 7-0. Tne meeting adjourned at 8:20 P.M. /si Jeanne F. Schneider. City Clerk Approved ~.4.~ ~ (q 2000 Adopted ~/,/,~ J~/.,, 2000 approved Resolution ~umber 121-00 Council Members ordedng bids for ~e construction ofthe Atte,s.,~ Third Street Ramp; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNC1L,/'.,.J('City Clerk OF THE CITY OF DUBUQUE, IOWA:c,,'' That Resolution 121-00 is amended to provide that the City Clerk is hereby directed to adverse for bids for me purchase of materials herein crovided, to oe published in a newspaper having genera[ circulation in the City of Dubuque, iowa which notice shall not ~e less than four oays nor more than twenty days prior te the receipt of said bids at 2:00 9.m. on the 9"' day of May, 2000. Bids shall be opened and read py the City Clerk at said time and ~e submitted to the Coundl for final action at 6:30 P.m. on the 15~ day of May, 2000. Passec approvea and adopted th~s 17th day of Apdl, 2000. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Michalski movea aaopt~on of the Resolution Seconded Dy ~obbins. Motion carried 7-0.