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2000 July Council ProceedingsReqular Session, July 5~ 2000 243 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session; Wednesday, July 5, 2000 Council met in Regular Session at 6:30 P.M., in the Library Auditorium Present: Mayor Duggan, Council Membem Buol, Cline, Markham, Michalski, Nicholson, Robbins, Cb Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the cai[ 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. The invocation was given by Srl inez Turnmeyer, Director of St_ Mark Community Center. PROCLAMATIONS: John Mauss Day (July 7, 2000) received by Police Chief John Mauss; Recreation and Parks Month (July) received by Recreation Division Manager Pat Prevenas; and Apples for Students (July 8 - 23, 2000) received by Sr. ]nez Tummeyer, of St. Mark Community Center. Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, gave a verbal progress report. Minutes Submitted: Cable TV Regulatory Commission of 6/7; Cable Community Teleprogramming Commission of 6/13; CMl Service Commission of 5/31 and 6/28; Five Flags Commission of 5/15; Housing Commission Trust Fund of 6/13; Human Rights Commission of 5/8, presented and read. Buol moved that the minutes be received and tiled. Seconded by Nicholson. Motion carded 7-0. Pdnted Council Proceedings for March, 2000, presented and read. Buol moved that the proceedings be approved as pdnted. Seconded by Nicholson. Motion carded 7-0. Proofs of Publication of Council Proceedings for 5/15/00 and 6/5/0C and List of Claims and Summary of Revenues for month ending April 30. 2000, 9resented ano reaa. Suol moveo that the 9roofs De received and tiled. Seconded by Nicho[son. Motion carded 7-0. Claims/Suits: Patdck Butler in the estimated amount of $11.50 for cleaning of his vehicle; Barbara Freund in undetermined amount for property damage; _Tim Patterson in the estimated amount of $1 000 for vehicle damage, presented and rose. Buol moved that the claims be referred to [ne Legal Dept Secondeo by Nicholson. Motion carried 7-6. Corporation Counsel advising the following claims have been referred re Public Entity Risk Services of Iowa, the agent for rne Iowa Communities Assurance Pool: Joseph L. Hickson for vehicle damage; R.D. McDonald for property damage; and Aimee Wagner for vehicle aamage, 3resented and read. Buol moved that the communications be received ana filed. Seconded by Niche[son. Motion carried 7-0. Corporation Counse~ recommending that the claims of Thomas Buelow for proper[7 damage, and Craig and Deb Wurdinger for vehicie damage be denied, presented and read. Sue moved that the communication be received aha tiled and concurred with the recommendations. Seconoea by Nicholson Motion carded 7-0. Corporation Counsel recommending that the claim of Patdck Butler in the amount of$11,50 for reimbursement of car-cleaning costs be approved and that a check be issued by the Finance Director, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel recommending that the claim of Barbara Freund for a sewer backue be received ann filed ana forwarded to proper personnel, )resented and read. Buol moved that [ne communication be received and fi]ed and concurred with the recommendations Seconded by Nicholson. Motion carried 7-0. Communication from Tara Winger Regular Session, July 5, 2000 regarding vadous iesues and communicatior of Cletus J. Winter regarding the Clarke Drive repaving project, presented and read. Buol moved that me communioaflons be received and filed_ Seconded by Nicho~son. -Motion carded 7-0. Reques[ of Greg OrwolL Executive Director of the Colts, to suspend enforcement of the residenflai parking regulations in the area surrounding Senior H~gh School from 3:00 to 11:00 p.m., on Thursday, July 6, 2000, in order to hold the annual Music on the March Program on Datzell Fielo_ presented and read. Buol moved that the communicatior be received and flied and concurred with the request. Seconded by Nichelson. Motion Pefl~Jon from business owners requesflng two hour ~arking on [he east side of Jackson Street from the comer of Milwaukee Street m the corner of Ruby Street presented and read. Buol moved t~at the communication be received and filed anc referred to the City Manager. Seconded by Nicholson. Motion carded 7-0. Communication fram the State Histedcsi Society of iowa advising that Four Mounds has been accepted for nomination to the Naflonal Register of Histedc Places. presented and read. Buo~ moved that the communication be received and flied. Seconded by Nichotsor.. Motion carded 7-0. Communication from the Iowa UIJlifies Board expreSSing gratitude for the comments received on the proposed 319 area coos changes, oresented and read_ Buol moved that the communication be received and flied. Seconded by Nichoison. Motion carded 7-0. City Manager recommending appointment of Dr. Douglas Butzier as EMS Medical Director and Dr. Timothy Bowers as Associate Medical Director for the Dubuque Fire Department, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Metier carded 7-0. RESOLUTION NO. 288-00 APPOINTING PHYSICIAN MEDICAL DIRECTORS FOR THE CITY OF DUBUQUE FIRE DEPARTMENT'S ADVANCED EMERGENCY MEDICAL CARE AMBULANCE Whereas the rules of [ne ~owa Department of Public Health required that an advanced emergency medical care ambulance servme authorized by that Department be under the direction. advice or orders of a Physician Medica] Director who supplies professional expertise for advanced emergency medical care; and Whereas, Doctor Douglas Butzier, MD, and Doctor Timothy Bowers, MD are Board-Certified Emergency Deparzmenr Physicians interested ir serving ~n this caoscity, and sucr sen,ice is in the best interest of the City of Dubuque. NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: Section 1. That Dr. Douglas Butzier, MD be hereby appointed as Physician Medical Direo(or of the City of Dubuque Fire Deoar[men~s Advanced Emergency Medical Care Ambulance Service as authorizec By the Iowa Department of Public -tea[th. Section 2. That Dr. Timothy Bowers, MD be hereby appointed as Associate Physician Medical Director of the City of Dubuque Fire Deoartment's Advanced Emergency Medical Care Ambulance Service as authorized by the Iowa Department of ~ublic Heaith. Passed. approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buo[ moveo aoopflon of the resolution Seconded Dy Nicholson. Motion carded 7-0. City Manager recommending the publication of combined notice of no significant impact on the environment and notice of intent to request release of funds for the Fourth Street Peninsula Acquisition and Clearance. presenmo and read. Buol moved that the communicaflon be received and filed. Seconded by Nicholsor Motion carried 7-0. RESOLUTION NO. 289-00 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR 4TM STREET PENINSULA ACQUISITION AND CLEARANCE. Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal year commencing July 1, 2000, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Tide I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Deparb-nent of Housing and Urban Development, an environmental review has been processed for the 4TM Street Peninsula Acquisition and Clearance project;, and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said project wi{l have no significant impact on the environment;, and Whereas, a combined notice of "Finding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" for said project will be sent by ragular mail to vadous faderal, state and loca! public agencies; to the appropriate Regional Oifice of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups kno~m to be interested and believed to be appropdata to receive such a notice; and Whereas, any and all comments received as a result of such notice be duly considered before proceeding with a Request for Release of Funds and CeCdficatio n. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE~ IOWA: Section 1~ That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant !mpact on the Environment and Notice of Intent to Request Release of Funds for the 4m Street Peninsula Acquisition and Ciearence project and te make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on July 26, 2000. Such notice shall be in the fom~ of F-'<hibit "A" attached hereto and made a par[ hereof. Section 2. That the environmental review record for the project shall be peaced On file in the Or, ce of the City CLerk where said record may be examined and copied by any interested party, Section 3, That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropdate notice a Request for Release of Funds to undertake the said project_ Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carded out by the City of Dubuque as to environmental ~ssues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the judsdistion of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section'6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 5th day of July, 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 submittal of the update for the Fiscal Year 2001 REAP Plan for Dubuque County, presented and read. Buol moved that the communication be received and tiled. Seconded by Nichoison. Motion carded 7-0. City Manager recommending submission of a REAP grant applicalton to the Iowa Department of Natural Resources for construction of the Granger Creek Nature Trail, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 290-00 APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR A REAP GRANT FOR THE GRANGER CREEK NATURE TRAIL AT THE DUBUQUE TECHNOLOGY PARK 246 Regular Session, July 5, 2000 Whereas, the Iowa Department of Natural Resources has allocated grant funds for the developmem of multi- purpose trails: aha Whereas. the City has ar adopted Comprehensive Plan which includes goals and objectives for the development of bike/hike trails NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1 That the Mayor is hereby authorized to sign and the Planning Services Manager is hereby authorized to submit the resolution and the application to the Iowa Deoartment of Natural Resources for REAP Funds for the Granger Creek Nature Trail at the Dubuque Technology Park Section 2. That in the event said application is aoorovea, the Cty Council hereby orovides its written assurance me completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion Section 3. Thatthe Cityof~)ubuque agrees to abide by all local, state, and federal reouirements applicable to the proposed project. Passed. approved and adected this 5th day of July, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Mo'don carried 7-0 submitting the Revised Survey Report on Architectural/Historical Resources for Council review/comment, presented and 'ead. Buol moved 'that the Seconded by Nicno~son. Motion carried 7-0. Communication of Barry A. Lindal" advising of the status of the pumhase of property on behalf of the Catfish Creek Coalition from the Klauer's. presented and read. Buo[ moved that the communication De 'eceived and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 291-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ROBERT D. KLAUER AND LIVIJA KLAUER Whereas. the City of Dubuque entered into an Agreement with Robert D. Klauer and Livija Klauer for the purchase of ti~e following described real property in Dubuque Oounty, Iowa: Lot One (1) of the Subdivision of Lot One (1) of the Northwest Fractiona Quarter of the Northeast Quarter anc Lot One (1) of the Subdivision of Lot One (11 of Fractional Government Lot One (1) all in Section Six (6), Township Eighty-eight (88) North Range Three (3) East of the Fifth Principal Meridian. all es shown oy recorded p~at thereof, containing ar area of nineteen and ~inety-sever hundredths (19.97) acres, more or less Anc Lot "A" of Government Lot One (1) in Section Six (6), Township Eighty-Eight (88) North, Range Three (3) East of Fifth Pdncipa~ Meridian. Dubuque County, of Dubuque, Iowa. ano Lot One (1) of Rock Cut Subdivision in the City of Dubuque, Iowa, all shown by recorded plats thereof, containing ar area of one and thirty-two hundredths (1.32] acres more or less. Anc Whereas, [ne terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA AS FOLLOWS; 1 The City of Dubuque hereby accepts the Deed from Robert D. Klauer and Livija Klauer. a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubucue County Recorder. Passed. approvea and adopted this 5th day of July, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalski 'noved adop~on of the Resolution Seconded cy Nicholecn. Motion carded 7-0. Communication from Tom Stova][. Executive Director, Operation: New View, reque~ng a letter of support for their HAWK-i Outreach Pilot Grant aoclication presented anc read. Michalsk[ movea [nat the communication be received and fitec ane approved a letter of support. Seconded by Nicholecn. Motion carded 7-0. City Manager recommending execution of a Preconstruction Agreement with the owe Department of Transportation relating [o construction and future maintenance of Phase IV of Iowa 32 (Northwest Arterial), from John F. Kennedy Road to U.S. 52. presented and read. Buol Req u la r Session; d ~¥~5¢ 2~0.0 247 movec that the communica~on be 'cad. Buol "noved that me received and flied. Seconded by communication be received and tiled Nicholson. Motion carded 7-0_ Seconded by Nicholson. Motion camed 7-0. RESOLUTION NO. 292-00 RESOLUTION APPROVING PRE- CONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE IOWA 32 (NORTHWEST ARTERIAL) EXTENSION PROJECT FROM EXISTING IOWA 32/JOHN F. KENNEDY ROAD INTERSECTION TO THE CITY'S NORTH CORPORATION UNE Whereas, the iowa Depar~nent of Transportation has developed plans for the extension of Highway 32 (Northwest Arterial) frorr the iowa 3~John F. Kenneay Road intersection to the City's north corporation line; and Whereas, the Iowa Depar~men~ of Transportation has prepared and submitted [o me City Counc~ for approval, a Pre-Construction Agreement relating to the construction cost, participation, and respective maintenance responsibilities of the consmuctian project and Whereas, the City of Dubuque approves the terms and conditions of said agrasmem. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: Section 1. That Pre-Construction Agreement No. 99-4-095 consisting cf an agreement providing for the extension of Highway 32 (Northwest Arterial) from the mdsting Iowa 32/John F. Kennedy Road intersection to the City's north corporation line be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this Pre-Construction Agreement and forward the executed copies to the Iowa Deparb'nent of Transportation for their approval. Passed, approved and adopted this 5"~ day of Ju~,, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution, Seconded by Nicholson. Motion carded City Manager recommending approval of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Renewal (HUD) m me amount of $1,441 000 i"or Program Year beginning Ju~ 1, 2000. oresented and RESOLUTION NO. 293-00 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, under provisions of Title of Housing and Community Development Act of 1974 as amended, the City of Dubuaue prepared and submitted an Annual Action Plan for a Community Development Block Grant; and Whereas, the euomissio~ nas oaen approved by the U.S. DepaRmen[ of Housing and Urban Development in the amount of $1,441,000 for a twelve month program ¢'ear commencing July 1. 2000 and ending June 30, 2001- and Whereas, a grant agreement covedng the ac~Jv~es proposed to be carried out wiry the Community Development Block Grant funds has been Transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development NOW, THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the Funding Approval/Agreement authorized by the U.S. Department of Housing and L~rban DevaloDment on July 1, 2000 for a Community Development Block Grant to the City of Dubuque in the amount of $1,441,000 and identified as Grant Number B-00-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, rowa. Passer.. approved and adooted this 5~ day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo moved adoption of the resolution. Seconaed Dy Nicholson. Motion carried 7-0 June 21, 2000 Honorable Mayor and Members of the City Counci In accordance with ChaD[er 400 of the 1999 Code of Iowa. an examination for the Position Of Lead Sanitation Ddver was given on May 31, 2000. We hereby certify that the following 248 Regular Session, July 5, 2000 ndMduais have passed this written examination and the vacancy for this posi~on should be made from this list and that this list is good for two (2) years from above date. LEAD SANITATION DRIVER Craig Sorrow Randall Ludowitz Jim Powers David Sitzmann Mike Clancy Paul Herman Rsspectfully submitted Is/Loras J. Kluesner, Chairperson Is/Mede Duehr rs/Richard Wertzberger CMl Sea, ice Commission Juno 28. 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the t999 Code of Iowa an examination for the pos~on of Police Chief was given on Juno 7, 2000. We 3eraby cert~, that the fofiowing individuals have passed this written examination and the vacancy for this posi+Jon should be made from this list and that this list [s good for one (1) year fro~ above date. POLICE CHIEF Michael T. Schnell Harold M Aigyer William S. Sullivan Timothy P. McDonald Michael J. Sullivan John C, Kelley MeMn L Williams Michael D. King Kim Bruce Wadding Kevin D. Lindsey Respectfully subm~ed. /s/Lords J. Kluesner, Chairperson /s/Mede Duehr ~s/Richard Wertzberger Civil Service Commission Buol moved that the aoove Civil Se~ce certifications be made a maker of record. Seconded Dy Nichcison. Motion carded 7-0. RESOLUTION NO. 294-00 NOW, THEREFORE, BE IT 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 City. 10 RENEWALS Billy Buck's East StTap William & Lynn Meyer 521 E. 22nd IOCO Speede Shoppe # 93 Iowa Oil Company 3250 Dodge St lOde Speede Shoppe # 3 Iowa Oil Company 1998 Jackson IOCO Speede Sheppe # 33 Iowa Oil Company 3200 Central lode Speede Shoppe # 17 Iowa Oil Company 2150 Twin Valley IOCO Speede ShoeDe# 2 Iowa Oil Company 2335 University Ok3/Dok7 #14 Kdstina Chapman 1050 University Admiral's Hi-Hat Donald B. Meyer 253 Vlam Ka[mes Braaktime Bar & Grill Michael/Theresa Kalmes 1097 Jackson Windsor Tap G & J's Inc 2401 Windsor Passed. approved and aoopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider. City Clerk Buo moveo aaoptior of me resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 295-00 Whereas applications for Beer Permits have been submitted and filed To this Council for approve and [ne same have been examined and approved; and Whereas. the premises to ge occupied by such applicants were inspected and found to comply with the Ordinances of this City anc nave filed J proper bonds. NOW. THEREFORE. ~3E 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 L B Metcaif, Inc. Cedar Cross AMOCO +(Sunday Sale) 1200 Cedar Cross K Chao Foods inc Oky Doky Foods # 14+(Sunday Sale) 1050 University Rainbo Oil Corn <wik Stop+ (Sunday Sale) 1401 Central Ave Jena Inc. Oky Doky# 15+ (Sunday Sale) 1101 Rhomberg Ave Passed, approved and adopted this 5th day Juiy 2000. Terrance M. Duggan, Mayor Attest: Jeanne F Schneider, City Clerk Buol moved adoption of the resotuiton. Seconded by Nicholson. Motion carried 7-0 RESOLUTION NO. 296-00 Whereas applications for Liquor Licenses have been submitted to th~s Council for approval and the same have been examined and approveo: and Whereas the premises to De occueied by such aee[icants were respected and found to comply With the State Laws and al City Ordinances relevant mereto and they nave filed Reqular Sessi°n~ JuiCe 5i:2000 249 proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE~ IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C"(COMMERClAL) BEER/LIQUOR LICENSE Madhatters Inc. Madhatters +(Sunday Sale) 1091 Main St Jeff A. Detainer Bodine's+ (Sunday Sale) 1445 Central Ave Ethel K Schwarlz Airport Inn+ (Sunday Sale) 574 E. 16th St Plastic Center, Inc. Fischer Lanes +(Sunday Sale) 880 Locust St City of Dubuque Dubuque Five Flags+ (Sunday Sale) 405 Main St Craig J. Weiner Walnut Tap+ (Sunday Sale) 709 University Ave Richard W. Hirsch fi Fat Tuesdays (1 Day Outdoor Sale) 1121 University Ave Passed. approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved aaootJen of the resolution. Seconded by Nicholson. Motion carded 7-0 BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire ~o serve on the following Beards/Commissions: HISTORIC PRESERVATION COMMISSION: Christopher J. Wand (Architect/Au Large). Mr. Wand spoke requesting consideration for appointment. INVESTMENT OVERSIGHT COMMISSION: Paul Lassance Hiram Melendez. No one spoke. PLUMBING BOARD: Stanley G. Gonner (Master Plumber). No one spoke. APPOINTMENTS to the following Boards/Commissions: CIVIC CENTER COMMISSION: Gary Dolphin, Cynthia A. Fuller. Michalski moved that Gary Dolphin and Cynthia Fuller be reappointed To the Civic Center Commission ~or three year [erms which will expire 6-29-03. Seconded by Robbins. Motion carried 7-0. HOUSING COMMISSION: David J. Kapler, Dan Teo[y. Vote on the appointment was as follows: Michalski voted for Teply; Nicholson voted for Teply; Robbins voted for Kapler; Buol vo[ec for Kap[er; Cfine voted for Teply; Duggan voted for Kapler; Markham voted for Kapler. Therefore, David J. Kapler appointed to an unexpired three year term which will expire 8-17-01. TRANSIT BOARD OF TRUSTEES: Harry J. Bemis. MichalsM moved that Harry Bemis be reappointed to a three year term which will expire 7-30-03. Seconded by Nicholson. Motion carded 7-0. TV CABLE REGULATORY COMMISSION: Charlie Ellis. Markham moved that Charlie Ellis be reappointed to a three year term which will expire 6- 30-03. Seconded by BuoL Motion carried 7-6~. Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proofs of publication on notice of hearing [o consider rezomng properly located at 26th and Pinard Streets from R-2 Two-Family Residential District To R-2A Alternate Two-Family Residential Distdct To allow cons[ruction of an employee'parking lot. presentec and read. Buol movea that [ne proof and communication be received and tiled. Seconded by Robbins. Motion carriea 7-0. Tom Prechaska of Klauer Manufacturing spoke in supper[ of the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinaf[ef aescdbed proper(y located au the northwest corner of 26th and =inard Streets from R-2 Two-Family Residential District To R-2A Alternate Two-Family Residential District. with first and second readings g~ven on 6/19/00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 54-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT NORTHWEST CORNER OF 26TH AND PINARD STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE. BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: 250 Regular Session, July 5, 2000 Sectio~ 1. That Appendix A (the Zoning Ordinance~ of the City of Dubuque Code of Ordinances s hereby amended by reclassifying the hereinafter described property [rom R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District. re wit: Lot 283 and Lot 284 Glendale Addition No. 3. and to the center line of the adjoining public right-of-way, all in the City of Dubuque Iowa. Section 2. The foregoing amendment has heretofoEe eeen 'eviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as nrovided by ~aw Passed. approved and adooted this 5th day of July, 2000. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newsoaper this 10th day of July, 2000 Jeanne F Schneider ~ity Clerk It 7/10 Buo[ moved final consideration and passage of the Ordinance Seconded by Robbins. ~lotion carried 7-0. Proof of publication on notice of hearing to consider amending the ID Institutional Distdct to add c~essrooms as a permitted Jse and allow the nstallatJen of a por~able classroom, presented and read. Duel moved that me proof be received and filed. Seconded by Markham. Motion carried 7-0. Jim Unsen of Hil[crest Family Services spoke in suppor~ of the amendment. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amenomen~ of Ordinance 41-92 which adopted regulations for the Hiilcrest Family Services Institutional District, with first and second readings given on 6/19/00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO, 55A)0 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 41-92 WHICH ADOPTED REGULATIONS FOR THE HILLCREST FAMILY SERVICES INSTITUTIONAL DISTRICT NOW, THEREFORE BE T ORDAINED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances and Ordinance 41-92 be ameneee Dy adding classrooms as a permitted use for the foJlowing property, to wit: All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision excem [ne southeester[y 38 feet thereof Lot 2 of the Subdivision of Lot I of Lot 2 of Mineral Lot 261: Lot 1 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Mette] Link Place; Lot 2 of Lot 2of Lot' of Lot 2 of Lot l of Lot l of Link's Subdivision: Lot 1 of Lot 1 of Lot 2 of Lot l of Lot l of Lot 2 of Lot l of Lot ' of Link's Subdivision: and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision LOt 1 and _ct 2 of Peterson's subdMsion all of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's SubdMsion except for the southeasterly 38 feet thereof, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Section 2. That in order To accomplish me purposes of the ID institutional Distdct and of the Zoning Ordinance. rne aDova described proper~y is subjec~ to the following conditions and restrictions: A. Use Reaalations The following regulations shall apply to all uses made of land in the above described ID Institutional District: 1) Principal permitted uses shall se limited to the following: a) Residential care facilities [18] b) Classrooms [45] c) Offices for administrative personnel or .other institutional employees or affiliates [14] d) Off-street parking and loading iN/Al e) Recreational or athletic facilities for the primary use and benefit of institutional 'esidents or affiliates [45] f} Existing pdvate uses of structures situated within an ID District for which the R-3 District standards shall apply iN/Al 2) Accessory uses shall be limited to all uses customarily incidental to the principal permlttec use in conjunction with which such accessory use is operated or maintained, nut not to Reqular Sess on~ Jat~ ~i~000 25] include instffutional use outside a principal building: B. Lot and Bulk Requlations. Development of land in the ID fastitu~onal District shall be regulated as follows: 1) All building structures and acidities shall be located in conformance with the attached amended conceptual development plan. 2) A minimum front yard setback of 25 feet is required for all structures. 3) Ail final site development plans shall be approved in accordance with the iD Institutional Distdct regulations as provided in the Zoning Ordinance of the C~ of Dubuque, Iowa. C. Performance Standard.~ The development and maintenance of uses in this ID Institutional Distdct shall be established in conformance with the regulations of Sec~on 3-5.2 of the iD InstAudonal District D. Site Development St'enterS8 The site development standards for this ID Institutional District shall be established as follows: 1) Landscaping and screening requirements shall be established in accordance with the requirements of Secfion 4-5 of the Zoning Ordinance of City of Dubuque, iowa. Ali other site development standards of Section 4-4 shall apply. 2) Ail portable classrooms located in this ID District shall be removed by Hitlcrest Family Services no later than June 30, 2003. E. Sian Reaulation.~ The sign regulations shall be the same as that which are allowed for ID Distdcte in Section 4-3.11 of the Zoning Ordinance of the City of Dubuque, F. Perkins B:tandards The off-street parking requirement for the principal permitted uses for the herein described ID Institutional District which are designated by a bracket enclosed number next to the use shall be as described in Section 4-2.7 of the Zoning Ordinance of the City of Dubuque, Iowa, but in no case less than shown on the conceptual plan adopted by the City Council on June 1, 1992. G. Transfer of Ownership Transfer of ownership or lease of property in this ID institutional District shall include the transfer or lease agreement, the prevision that the purchaser or leases acknowledges awareness of the conditionals euthol~ng the establishment of the district. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 55-00 I, Paul D. Porter, Hiticrest Family Services, having read the terms and conditions of the foregoing Ordinance No. 55-00 and being familiar with the cond~ons thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 5th day of July, 2000. By/s/Paul D. Porter Hillcrest Family Services Published officially in the Telegraph Herald newspaper this 10th day of July, 2000. Jeanne F. Schneider, City Clerk lt7/10 Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried Proof .of publication on notice of hearing to consider rezoning property on U.S. Highway 20 from C-3 General Commercial and CS Commercial Service and Wholesale Distdct to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for devekipment of a new Menard's store, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nichoison. Vote on the motion was as follows: Yeas--Nicholson. Nays---Michalski, Robbins, Buol, Ctine, Duggan, Markham. Motion failed. Tom O'Neill for Menard spoke in support of this request Jim Bardley, Realtor, 8643 Mititary Rd., spoke in favor of the project. Tom Prochaska, 1863 Hummingbird, spoke in opposition of the project. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifcng hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., with first and second 25_2 Regular Session~ July 5, 2000 readings given on 6/19/00, now presented for final action. Buol moved final consideration and oassage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas---Nicholson. Nays---Buol. Ciine. Duggan, Markham. Michalski Robbins. MOTION FAILED. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Five Flags Center Arena Seat Realacement Project and City_Manager recommending [o awarc contract for project, and communication from Country Roads, Inc. regarding the Dubuaue Five Flags Arena Seat Replacement Project and response from Corporation Counsel Barry Undah presented and reaa. Buol moved that the proof and communicafions be received and filed Secondec by Nicholson. Motion carried 7-0. RESOLUTION 297.0p RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS. on the 5th day of June 2000, plans, specifications form of contract and estimated cost were filed with the City Clerk of Dubuque. Iowa for the FIVE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT. WHEREAS, notice of hearing on plans, specifications, form of contract and esumated cost was published as required by law. NOW THEREFORE BE IT RESQLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of con[tact and estimated cost for said imorovemems for said project. Passed approved and adopted this 5th day of July, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved aooption of the resolution. Seconded by Nicholsan. Motion carded 7-0. RESOLUTION NO, 298-00 AWARDING CONTRACT WHEREAS. sea~eo proposals nave been submitted Dy contractors for me F~VE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT pursuant to Resolution No. 252-00. and notice to bidders published in a newapaper published in the City of Dubueue Iowa on the23rd day of June 2000. WHEREAS said sealed oroDosals ware opened and read on the 22nd day of June, 2000 and it nas been determined that the bid of School Specialty n the amount of $166.155 was the lowest bid for the furnishings of a~ labor ana materials and performing [ne 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 me contract for the aoove improvemen~ De awarded to School Specialty, and the Manager be and s 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 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol 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 b~dders on the receipt of bids for the City Hall Remodeling (Interior Work) Projec~ ana City Manager recommending to award contract for project, presented and read. Markham moved that the proof ano communication De received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 299-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31" day of May, 2000. plans, soecifications, form of contract aha estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall Remodeling - interior Work. Whereas, "otice of hearing on plans, specifications form of contract, and estimated cost was published as required by law. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as me ~)lans, Regular Sess on, Ju y 5~ 2.000 253 specifications, form of contract and estimated cost for said improvements for said project. Passed; adopted and approved this 5th day of July, 2000. Torrance M. Duggen, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 300-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the City Hall Remodeling - interior Work Project pursuant to Resolution No. 257- 00 and notice to bidders published in a newspaper pub[ishec in the City of DubL qua, ~owa on the 9th day of June, 2000. Whereas said sealea proposals were opened and read on the 27th day of June, 2000 and it has oeen determined that the bid of Kluck Construction of Dubuque, Iowa, in the amount of $68,000.00 was the lowest bid for the furnishings of all labor and materials anc performing the WOrK as provided for in the plans and specifications NOW THEREFORE, BE [T ~ESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the contract for the above improvemen[ be awarded to KducK Construction and the Manager be and is hereby directed to execute a con~acr 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 contractoCs bond. the City Treasurer is authored and instructed to return the bid deposits of the unsuccessful bidders. Passed. approved and adopted this 5th day of July, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for the City Hail Remodeling (Exterior Work) Project and City Vlanager recommending [o awaro contract for project, presented and read. Buo moved that the proof ana communication be received and tiled. Seconded cy Nicholson. Motion carded 7-0. RESOLUTION NO. 301-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31* day of May, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall Remodeling - Extedor Work. Whereas, notice of headng 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 me p~ans. specifications, form of conzrac~ aha estimated cos[ for said improvements for said project. Passed, adopted eno aoDroved this 5th day of July, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buo[ moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 302-00 AWARDING CONTRACT Whereas sealed proposals have been submitted by contractors for the City Hall Remodeling - Exterior Work Project pu rsuan[ to F~eso[ution No. 260- 00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of June 2000. Whereas. said sea~eo proposals were opened and read on the 27th day of June 2000, and it has aeon determined that the bid of Kluck Construction of Dubuque, Iowa. in the amount of $262.600.00 was the lewes[ bid for the furnishings of all labor ane materials and performing [ne work as provided for in the Blahs and sDecitications. 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 KJuck Construction and the Manager be and is hereby directed to execute a con,fac[ on behalf of the City of Dubuque for the comolete performance of the worK. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's oond, the City Treasurer is 254 Regu ar Sess on, July 5,2000 authorized and instructed to -eturn the bid deposits of the unsuccessful bidders. Passea. approved and adopted this 5th day of Ju~y, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo: movea adoption of [ne resolufion. Seconded by Nicholson. Motion carded 7-0. Proofs of publication on notice of heating on plans and specs and notice [o biddem on the receipt of bids for construction of the Parking Lot at Third and Main Streets and City Manager recommending that the bid received be rejected, presented and read. Markham moved that the proofs and communication De received and filed. Seconded by Robbins. Motion carded 7'-0. RESOLUTION NO. 303-00 RESOLUTION RESCINDING RESOLUTION NO. 261-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE PARKING LOT AT THIRD & MAIN STREETS Whereas, an adve~sement for bids for the construc~on of the Third Street Ramp was oublished on June 9, 2000: and Whereas, the City Council deemed it advisable to reject all bids -eceived and re-bid the project at a later date with modifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 261-00, Prelimina~J Approval of Plans and Specifications for the construction of the Third Street Ramp ce rescinded and that the said ~raject be re-bid at a later date Passed, approved, and aoopted this 5'~ day of July, 2000, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved aooation of the Resolution. Seconded by Robbins. Motion carded 7-0. Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for construction of the 2000 PC Concrete Paving Project No. 2 ~Burden Avenue and North Burden) and City Manager recommending to award contract for project, presented and read Markham moved that the proofs and communication be 'ecsived and filed, Seconded by Nicholson. Motion carded 7-0 RESOLUTION NO. 304-00 AWARDING CONTRACT Whereas, sealed propssals have been submitted by contractors for the 2000 PC Concrete Paving Project- No. 2 pursuant to Resolution No. 280-00 and notice to bidders published in a newspaper published in the City of Dubuque, owa on the 8th da? of June. 2000. Whereas, said sealed cropossls were opened and read on the 22nd day of June. 2000, and. t has been determined that the bid of Tschiggfde Excavating of Dubuque, owa, in the amount of $823.841.49 was the lowest bid for the furnishings of all labor and materials and per~orming me work as provided for in the clans ant specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That me contract for the above improvement be awarded to Tschiggfde Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the comple[e performance of the work. BE IT FURTHER RESOLVED: That upon the s~gning of said contract and the approval of the contractor's bond; the Cit7 Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of July, 2000. -errance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham movao adoption of the Resolution. Seconded by Nicholsor Motion carded 7-0. Buol moved that the rules be reinstated limiting discussion [o Council. Seconded by Nicholson. Motion carried 7-0. Communication of City Manager recommending approval of a projecting sign n the public right-of-way a~ 543 West 8th Street (Michael J. Koch), tPressnted and read. 3ual moved that he communication be received and filed_ Seconded by Markham. Mo'don carried 7-0. An Ordinance authorizing Michael v, Koch to construct a projecting sign at 543 West 8th Street, presented and read, Regular Session, Ju V 5, 2000 255 (OFFICIAL PUBLICATION) ORDINANCE NO. 56-00 AN ORDINANCE AUTHOR[Z. ING MICHAEL J. KOCH TO CONSTRUCT A PROJECTING SIGN AT 543 W. 8TH STREET NOW THEREFORE, BE T ORDAINED BY THE CiTY COUNCIL OF THE CFFY OF DUBUQUE, IOWA: Section 1. That Michael J. Koch as the owner of the premises known as 543 W. 8th Street, Dubuque, Iowa. legally described as Lot 2 of Lot 12 of City Lot 703, Lot 1 and west 1/2 of Lot 11 of City Lot 688 and paA of City Lot 654, and Lot I of east 1/2 of Lot 11 of City Lot 688 and part of City Lot 654 be and they are hereby granted the revocable permit and authority to construct and maintain a sign under the terms and cond~ons set forth in this Ordinance. Section 2. That such construction snail be done in accordance with plane ~eretofora submitted by Dermittees 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 cond~onec on permittaes' agreement to: a_ Assume any and all liability for damages to persons or property which may result from the existence. Iocatior, 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: ano c, Pay en behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated re pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the tscation installation, existence, construction or maintenance of said sign, sustained by any person or Demons, caused Dy accident or otherv~se to defend at its own expense and on behalf of said City an.y. claim against the City of Dubuque arising out of the location, installation. e~xistancs, construction or maintenance of sign and to pay reasonable attorney fees therefon anc d ndemnlfy, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third pemens or damages to property of third persons, or for damage re any property of the City of Dubuque which may occur as a result of or in connectior with me Iocatior, installation, existence, constructior., maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the uermission herein granted is expressly conditioned upon permittees' further agreement thaz shoulc the dght and prMlege herein granted be rescinded or revoked by the City Council permittees, or their successors in interest, as owners of the abutting prpperty: snal~ within Ten (10) days after receipt of written notice from the City Manager. so to do. at their own e×oense, remove said sign ano in the event of their failure to do so. the City of Dubuque shall be aurnorized 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 remora' of said sign. Section 5. That 3ermittees covenant ~nd agree that the'revocable permit herein granted does not constitute an apprava] of the design, erection, location, construction, repair or maintenance of said facility ano saic permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque tn rne event of claim asserted for death. 9ersonal injudes and/or property damage against the oermittees arising out of or in any way connected with the location installation, construction. design, repair and maintenance of the facil~ herein permitted. Section 6. This Ordinance shall become effective anc the rights hereunder accrue to Michael J. Koch when this Ordinance has been aceD[ed by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the O~ce of the Recorder in and for Dubuque County, Iowa. Passed. approved and adopted this 5th day of Jury, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk ACCEPTANCE OF ORDINANCE NO. 56-00 I. Michael J. Koch the unoersigned, having read and being familiar with the terms and conditions of Ordinance '40. 56-00, hereby, for themselves, their 256 Regular Session, July 5, 2000 successors or assigns as owners of the abutlJng property, accept the same and agree to be bound by the cond~ons and agreements therein contained re be performed Dy permittaes. By:/s/Michael J. Koch Title: Owner Dated: June 12,. 2000 Published officially in the Telegraph Herald newspaper this 10th day of July, 2000. Jeanne F. Schneider, City Clerk It 7/10 Buot 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 [o De finally passed De suspended dna further moved final consideration and passage of the Ordinance Seconded by Markham. Motion carded 7-0. Cb Manager submitting documents providing for construction 'of the redesigned Third Street Parking Ramp and recommending that a public hearing be set for August 7, 2000 and communicafion of Bdan ~. Kane, Counse, for The Fischer Companies, regarding the design of the Third Street Parking Ramp, and communication of P.S. Vedi, Architect for the project, responding to concerns exoressed by the Fischer Companlss, presented and read_ Buol moved that the communications be received and filed. Seconded by Nioholson Motion carried 7-0. RESOLUTION NO. 305-00 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, spec~cations, form of contract dna estimated cost for the Construction of the Third Street Ramp, in the estimated amount of $5,000,000.00 are hereby approved and ordered fi[ed in the office of the City Clerk. for public inspection. Passed, approved and adopted this 5~ day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne Schneider. City Clerk Bubl moved adoption of the resolution. Seconded by N[cholson. Motion carded RESOLUTION NO. 306-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas. the City Council of the City of Dubuque, Iowa has giver its preliminary approval on the proposeo clans, specification~ anc forrr of contract and placed same on file in the office of tne City Clerk for the public inspection of the Construction of the Third Street Ramn NOW, -HEREFORE BE T RESOLVEB BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7= day of August. 2000. a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, al which interested persons may appear and be nearo for or against [ne proposed plans and specifications form of contract and cost of ss~d improvement and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to De published in a newspaper having general circulation in the City of Dubuque, Iowa. which notice shall be no[ less than four days nor more than twenty days pder to the day fixed for its consideration. At the hearing, any contract, or estimated cost of the improvement. Passed, approved and adop[ed this 5~" day of July, 2000. Terrance M. Dug9an, Mayor Attest: Jeanne Schneider, City Clerk Buol moved aaoptioc of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 307-00 ORDERING BIDS NOW THEREFORE BE T RESOLVED 3Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Construction of the Third Street RalT 3 is hereby ordered To be advertised for bids. BE IT FURTHER RESOLVED that the amoun[ of the secudty to accompany each bid shall be n an amount which shall conform [o the provisions of the notice to bidders hereby approveo as s cart of the plans and snecificafions heretofore adoo~eo. That the City Clerk is hereby directed to advertise for bids for the purchase of materials herein provided, to be published in a newspaper having generai circulation ir the City of Dubuque iowa which notice sha~ not be less than four days nor more than twenty days pnor to [ne receipt of said bds at 2:00 o.m on the 25m day of July, 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 7'" day of Reqular Session, July 5~ 3000 257 August, 2000. Passed. approved and adopted this 5~ day of July= 2000 Terrance M. Duggan, Mayor Attest Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicheison. Motion carded 7-0. City Manager subm~ng documents providing for construction of the Chicago Street Sanitary Sewer Extension Project and recommending that a public headng be set for August 7, 2000, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carded such hearing [o be published ir s newspaper having general circulation in the City of Dubuque, Iowa. which notice sha[l be not less than four days nor more than ~wen~y days pdor to the day fixed for its consideration. At the hearing, any interested person may appear acc file objections to [he proposed plans, specifications. contract, or estimated cost of the improvement. Passed. adopted and approved this 5th day of July, 2000. Torrance M. Duggan Mayor Attest: Jeanne F. Schneider, City Clerk Micha[ski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 308-00 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 Chicago Street Sanitary Sewer Extensior Project, in the estimated amount of S162,880.62, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of July, 2000~ Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Robbins. Moron carded 7-0. RESOLUTION NO. 309-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has giver its preliminary approval on the proposed plans, specifications, and form of contract anc placed same on file in [he office of the City Clerk for public isspectien of the Chicago Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of August, 2000, a public hearing will be held at 6:30 p,m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of RESOLUTION NO. 310-00 RESOLUTION OF NECESSITY Whereas, proposed plans have seen duly prepares and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract. estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as tiled by the City Council, for the Chicago Street Sanitary Sewer Extension Project NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA4 That the City Council oeems it advisable and necessary for the public weifare to make the hera~n mentioned improvements and unless properly owners au the time of the final consideration of this proposed resolution have or file with the Cr(y Clerk objections to ~ne resolution of necessity, they shall be deemed to have waived ali objections oertaining to the regularity of the proceeding and the legality of using the specia: assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from 25R Regular Session, July 5, 2000 the capital improvement project for the C~ Share of Special Assessments and special assessment Bonds may Be issued in anticipation of deferred payments of assessments when a contract has Deem performed and accepted and the proceeds thereof used to Day the contractor. The above resolution was introduced, approveo and ordered placed on file with the City Clerk this 5th day of July, 2000. Approved and o~acec on ale for final addon. Torrance M. Dugg~n, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved aeootion of me Resolution Seconded Dy Robbins. Motion carried 7-0. RESOLUTION NO. 311-00 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa. has given its preliminary approval on me proposaa plans, specifications and -form of contract and placed same on file in the office of the City Clerk for public inspection, for the Chicago Street Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necessity for said imDrevement has peen introduced ano is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C~TY OF DUBUQUE IOWA: That on the 7th day of August, 200C a public headng will beheld at 6:30 o'clock p.m. in the Public Library Auditorium in me City of Dubuoue au which time the owners of proper~ subject to assessment for the proposed improvement or any other person having an interest in me matter may appear and be heard for or againstthe making of the [mBrovemem, the boundaries of the district, the cost. the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time an(~ place of such hearing to be published in a newspape[ having general circulation in the City of Dubuque, iowa. which notice shall be published once each week for two consecutive weeks, the first publication of which shall be nat less than ten days pnor to the aay fixed for its consideration. Unless proper~ ownem at the time of the final consideration of this proposea resolution have on flip with the City Clerk objections to the Resolutior of Necessity they shall be deemed to have waived ali objections thereto. Passed adopted and approved this 5th day of July, 2000. Torrance M. Duggan Mayor Attest: Jeanne F. Schneider. Cit,, Clark Michalski moved adoption of rne Resolution Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 312-00 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: That the attached sheet~. 1 to 1 inclusive are hereby determined to Be the schedule of proposed assessments for the Chicago Street Sanitary Sewer Extension Project and the valuations set out herein are hereby apprevea. Passed, approved and adopted this 5th dayof July 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CKy Clerk Michalski moved adoption of the resolution. Seconded by Robbins. Motion carried 7~0. City Manager submitting documents providing for construct]on of the Walker and Oneida Street Storm Sewer Replacement Project anc recommending that a public headng be set for August 7, 2000, presented anc reap. Buo moved adoDtior of the resolution. Seconded by Nicholsor Motion carried 7-0. RESOLUTION NO. 313-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE ~T RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. OWA: That the proposed p~ans. specifications form of con~rac[ aha estimated cost for the Walker ane Oneida Street Storm Sewer Replacement Project, in the estimated amount of $16C 043.46, are hereby approved and ordered flied in the office of the City Clerk for public inspection Passe(: adopted and approved this 5th day of July, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoBtion of the resolution, Seconded by Nicholson Motion carried 7-0. Reqular SessiOn, July 5;, 20~00 : 259 RESOLUTION NO. 314-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Walker and Oneida Street Storm Sewer Replacement Proje~ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of August, 2000, a public headng will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having genera[ circulation in the City of Dubuque, Iow'a, which notice shall be not less than four days nor mare than twenty days pdar to the day fixed for its consideration. At the heating, any interested person may appear and file objections to the proposed plans, specifisations, contract~ or estimated cost of the improvement. Passed, adopted and approved this 5th day af July, 2000~ Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Dual moved adoption of the resolution. Seconded by Nkihoison. Motion carded 7-0. RESOLUTION NO. 315-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Walker and Oneida Street Storm Sewer Replacement Project is hereby ordered to be advertised for bids for construction, BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the C~y of Dubuque Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the rece pt of said bids at 2:00 p.m. on the 27th day of July, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Caunsil for final action at 6:30 p.m. on the 7th day of August, 2000. PasSed, adapted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Dual moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Dan Walsh, introduced himself as the new Directar of Gavemment and Business Affairs for the Chamber of Commerce, and stated he is looking forward to working with the City Council. At 8:14 P.M. Michalski moved to go into Clssed Session re: Purchase of Real Estat~ Caws Code §21.5(1)(j) and Pending Litigation (lawa Cade §21.5(1)(c). Seconded by Nicholson. Motion carded 7-0. At 8:51 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no fur[her business, Dual moved to adjaum. Seconded by Cline. Motion carded 7-0. The meeting adjourned at 8:52 P.M. /s/Jeanne F. Schneider City Clerk 260 Regular Session, July 5, 2000 Council Members Clerk Board of Health~ July 17~ 2000 261 DUBUQUE BOARD OFHEALTH OFFICIAL PROCEEDINGS Board of Heeith met July, 17. 2000 at 6:23 P.M., Public Library Auditorium PresenT: Chairperson Duggan, Board Members Buol, Cline, Markham. Michalski, Nicholson. Robbins. Chairperson Duggan reaa the call and stated this is the Regular Session of the Board of Health called for the purpose of acting upon such business which may properly come before the Board of Health~ Approved Adooted 2000 Communication of 3ublic Hea~th Specialist Mary Rose Corngan regarding update on City Board of Health Dissolution Transition Process, presented and read. Michalski moved that the communication De received and filed. Seconded by Robbins. Motion carded 7-0. Ma~' Rose Corrigan spoke of the Transition process of the City Health/ Board. There being no further business, Robbins movedto adjourn. Seconded by Nicheisor Motion carried 7-0. The meeting adjourned at 6:30 P.M. /s/Jeanne F. Schneider Secretary, Board of Health Board of Health Regular Session, July 17, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session Ju~y 17 2000 Co~mci[ met at 6:30 P~M. in me Public Library Auditorium . Present: Mayor Duggan, Council Members BUd[. C[ins. Markham Michalski Nicholson. Robbins. City Manager Michael Van Milligen, Corporation Counsel Barry A. LindahL 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 City Cbuncil. Invocation was given by Rev. _Ec Brady, Pastor 3f Faith United ~e~hodist Church Minute: ~,irp'ort'C~r~missi~n of 6/26: Historic Preservafion Commission of 6/15; Housing Commission of 6/28; Park and Recreation Commissiop of 6/13; Public Library Board of 5/25 presented and read. Buol moved tna~ [he minutes be received and tiled. Seconded by Nicholscr.. Motion carded 7-0. Kenneth- J TeKippe submit~ng the Financial Report for the month ending ,June 30, 2000, presented and read Buol moved that toe report be receivec and filed. Seconded by NichoJson. Motion carded 7-0. Proof of publication of Council Proceedings for 5/18, presented and rea6. Buol moved that toe proof be received and filed Seconded Dy Niche[son. Motion carded Printed Council Proceedings for April, 2000 presented and read BUd' moved that the proceedings de approved as Odored. Seconded by Nicholson. Motion carried 7-0. Claims/Suits Lois one Joseph Stelken in esfimatec amount of $396.73 for vehicle damage; Farrr Bureau Mutual Ins. Subrogation Claim for Rober~ Gruel in estimated amount of $810.00 for property (3amage; Robert E. Welu in ar undetermined amount for personal injury, presented and read. Buol moved that the claims and suits be referred to me Legal Staff for investigation and report. Secended by NJcholson. Motion carded 7-0. Communicatior and peri, on from David W. Leifker to preserve the Tow- Clock Plaza and Communication of Cas~y J. Arensdorf expressing his oemlon on the oeening of the Tow~ Clock Plaza. presented and read Bud movec that the communication be received and tiled. Seconded Dy Nicholson. Motion carded 7-0 ~etifion of residents of Douglas, Parkway, Langworthy, and College Streets regarding me upcoming reconstruction of their streets and the installation of water ShUt-off boxes and communicatioc of City Manager advising that reauested stop boxes are being used, presented and read. Bud moved that the petitio~ and communication be received and filed Seconded by Nicholson Metier carried 7-0. Communication of Chds Austin reouesting that 1961 and 1975 North Grandview ce added to the Residential Parking Permit Distdct C tSenfor High School area) presented and read. Buol moved that the communication be referred [o the City Manager. Seconded by NJchorson Motion carried 7-0. City Manager recommending acceu~anoe of the Guarantee Agreement for the purchase of the Klauer property in Riprow Valley presented and read. Buol moved that the communication 9e received and filed and concurred with the recommendation. Seconded by Nicholson Motion carded7-0. ~ity Manager recommending assignment of the grant agreement to Prodigy Child Development, inc. under the new ownership of AJan Arzu, oresented and read. Buol moved that me communication be received and filed. Seconded by Nicholson. MotJo- carded 7-0. RESOLUTION NO. 316-00 A RESOLUTION CONSENTING TO AN ASSIGNMENT AGREEMENT FC R KINDERLAND LEARNING CENTER (PRODIGY, INC.) CHILDCARE INITIATIVE GRANT TO PRODIGY Re,qu ar Session July 17; 2000 263 CHILD DEVELOPMENT, INC. Whereas, the City of Dubuque. Iowa, provided a Child Care Initiative Grant to ~indenane Learning Center, now known as Prodigy, Inc. on March 13, 1997 for the expansion of [he day care facility at 715 Locust; and Whereas, owner Pat Mohr, now known as Patricia Sco% is proposing to sell the business asse~s To Ala~ Arzu under the new corporation of Prodigy Child Devalopment. Inc.; and Whereas, Pathcia Scott nas asked the City To consent to the assignment of Ch~d Care Initiative Grant Agreement [o Prodigy Child Development. Inc.; and Whereas, the Assignment ~greement hereto atYached and by this reference made a part hereof, sets forth the terms and conditions of the assignment. NOW, THEREFORE. BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Assignment Agreement is hereby accepted and approved. Section 2. That the Mayoris hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa. the consent of the City of Dubuque to the attached Assignment Agreement Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. The lew~ Department of Natural Resources subm~ng the Wastewa~er Compliance Evaluation Inspection repo~ for the Water Pollution ContrC Plant. presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carded 7-0 Cable Franchise Administrator Merrill Crawford advising of the vacancy on the Cable Community Teleprogramming Commission, oresented and read Michaiski moved that the communication be received and filed and expressed gratitude to Russell Nasn for the his long term of eer'~ce in this capacity. Seconded Dy Robbins. Motion carried 7-0. City Manager recommending Cites support and participation for the Grand Excursion 2004 Event. presented and read. Buol moved that the communication be received aRC filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 317-00 SUPPORTING THE PLANNING FOR THE GRAND EXCURSION 2004 EVENT WHEREAS, the City of St Paul. Minnesota. has initiated planning for a 'Grand Excursion 2004" event to be held in 2004 to commemorate the 150th anniversa~, of the 1854 Excursion, and WHEREAS the historical 1854 Grand Excursion made s stop in Dubuque' and WHEREAS. the Grand excursion 2004 event is plannad [o include communities a]osg the Upper Mississicpi River to showcase Upper Mississippi commun~es dverfron~ revitalization effor[s: and WHEREAS, Dubuque has made continuous progress in improving its dverfrant developing downtown historic commercial districts, and expects to have addifionai ~er-related improvements, such as the America's River project, including the Rive- Discovery Center and Riverwalk, hero.rater park, and a new National Education and Conference Center by 2004; and WHEREAS. Dubuque nas been asked to oadJcipate in the Grand Excursion 2004 event. NOW THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Hereby expresses the City's support for the Grand Excursion 2004 even[ concept and its expectation that it will par~cipate in the Planning for said event. BE IT FURTHER RESOLVED: That the Dubuque Convantiop one Visitors Bureau is asked [o play the lead role in planning the Dubuque portion of the Grand Excursion 2004 with support from the Dubueue Area Chamber of Commerce, Dubuque County Historical Society, and assistance from appropriate City of Dubuque staff. Passed, approved and adopted this 17th day of July, 2000. Terranco M. Duggan. Mayor Attest: Jeanne F. Schneider. City Clerk Buo moved adoption of me resolution. Seconded by Nichoison. Motion carried 7-0 City Manager recommending To Regular Session, July 17, 2000 assess $500 Civil Penalty against the Walnut Tap for selling alcohol to an underage person, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 318-00 WHEREAS, on June 2, 2000. Craig Weiner was convicted in Dubuque County District Court, Docket No. SMCR042161, of violating owa Code Section 123.49(2)h (a copy of said conviction is attachea hereto and incorporated herein by refere6ce) ana WHEREAS= atthe time of the above violation Craig Weiner was the licensee of the Walnut Tap, and WHEREAS, said violation is the first violation of this sec~on within a pedod of two (2) years, and WHEREAS, Iowa coae section 123.50(3), as amended crovides that a icensee who violates said section shall be assessed a c~vil penalty in the amount of $500.0Q WHEREAS. Iowa code section 123.39. as amenaea provides that local authorities shall retain such civil penalties if the proceeding zo Impose me penalty is conducted by the local authority, NOW, THEREFORE BE IT RESOLVED, that the City Council, City of Dubuque pursuant to the author~ of [ne above cited sections hereby in- ~oses a civil penalty in the amount of $500 against Craig J. Weiner, D/B/A Walnut Tap, 709 University, Dubuque, Permit No. LC0023025 FURTHER BE IT RESOLVED that said license holder has thirty (30) days from the date of notice of me Resolution to pay such penalty in full to the City of Dubuque. Failure m pay this penaRy shall result in a fourteen (14) day suspension of the liquor license and or beer permit held by the licensee. BE IT FURTHER RESOLVED that the City Council. City of Dubuque is hereby directed to notify the license holder of this action by providing [o said license holder a certified copy of this Resolution. Such notice shall be ey certified mail. return receipt requested. FURTHER that such license holder is hereby notitied that license holder has the right to appeal the imeoeition of this dvil penalty to the Alcoholic Beverages Division of the Department of Commerce by tiling written notice of appeal with said Division and with the City Council, City of Dubuque within twenty-one (21) days from the date of service of this Resolution FURTHER that the City Council City of Dubuque shall mail a copy of this Resolu~on to: Licensing Bureau Alcoholic Beverages Division. Department of Commerce, 1918 S.E. Huisizer Avenue Ankeny, Iowa 50021. This Resolution is passed this 17th day of July, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Bual moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. July 11, 2000 Honorable Mayor ano Members of the City Council In accordance wifl' Chapter 400 of the 1999 Code of Iowa an examination for the position of Account Clerk i was given on June 20 2000. We hereby ce~fy that the following individuals have passea this wdtten examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date Jeannette C. Raby Curran J. Smothers Laurie J. Moe Dan L Hansen Annette M. Jones Chris G. Feldman Jean M. Delaney Sandra M. Stohlmeyer Deb A. Gross Colleen M. Horsfield Karen S. Ohnesorge Gregory L. Williams Peggy S. Gruber Richard R. Hansaiman~ Jane M. McCarthy DanieIW. Murphy Sue A. Welter Sharen A. Geers Jean A. Waishire Melissa A. McGinnis Lola A. Twaites Patticia A. Ostrander Sherti L Wolf Marcia C. Underwood JacquaiineA. Lambe Mary L. KoehJer Bevedy K. Mueller Kathleen E. Rogers Tara A. Flannery Kris A. Terwilleger Joan A. Casey Cheryl b Stecke, Rosemary T. Lehr Nancy b Berry Respectfully submitted /sC Loras J. KJuesner. Chairperson /s/Mede Duenr /s/Richard Wertzberger Civil Service Commission July 11, 2000 Honorable Mayor and Members ~f the City Council In accordance with Chapter 400 of the 1999 Code oflowa, an examination for the position of Lead Public Safety Dispatcher was given on June 28, 2000. We hereby cer~fy that the Reqular Session, July 17, 2000 following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Lead Public Safety Dispatcher James P. Abitz John F. Callahan Beth A. Saylor Joseph M. Young Respectfully submitted, /s/Lorss J. Kluesner, Chairperson /s/Merle Duehr /s/Richard Wedzberger CMl Service Commission Buo[ moved that the above Civil Service certifications be received and filed and made a matter of record. Seconded by Nichoison. Motion carded 7-0. City Manager recommending a grant Agreement w[t~* the Iowa Department of Transportation for statewide TEA-21 ~ranscortation enhancement funds for the Railroad Freight Pouse Restoration Project in the amount of $629,121. presented and read. Buol moved that the communication be received and ~iled. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 3194)0 RESOLUTION APPROVING A TEA-21 GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR THE RAILROAD FREIGHT HOUSE RESTORATION PROJECT Whereas, the Dubuque County Historical Society (DCHS) has beer awarded a $629.100 gran~ Dy the IDOT ¢or the Railroad Freight mouse Restoration Project;, and Whereas. the DCHS nas the necessary 30% matching funds of $269.600 available for this project; and Whereas. the DOT requires approval of a TEA-21 grant agreement for this project with the City. NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and submit this grant agreement to me IDOT. Section 2. Thatthe DCHS stipulates that the Society has the required 30% matching funds available for this grant_ Section 3. That the DCHS stil3uistes that it will assume responsibility for ~dequate maintenance of any new or ~rnproved facilities as a result of this application for ~ ~ninimum of 20 years 265 following project completion. Section 4. That the City Of Dubuque and the DCHS hereby agree to abide by the terms of this agreement with IDOT. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City . Manager recommending approval of a grant agreement with the Iowa Department of Transportation for local TEA-21 transportation enhancement funds awarded by DMATS for the Railroad Depot Restoration Project in the amount of $444,100, presented and read. Buo. moved that the communication be received and filed. Seconded by Nichoison. Motion carded 7-0 RESOLUTION NO. 3204)0 RESOLUTION APPROVING A TEA-21 GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (IDOT) FOR THE RAILROAD FREIGHT HOUSE RESTORATION PROJECT Whereas. the Dubuque County Historical Society (DCHS) has been awarded a $629.100 grant b,'the IDOT for the Raiitoad Freight House Restoration Project; and Whereas. the DCHS qas the necessary 30% matching funds of $269.600 available for this project and Whereas, the IDOT requires approval of a TEA-21 grant agreement for this project with the City. NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CFFY OF DUBUQUE. IOWA: Section 1. That the Mayor is hereby authorized to sign and submit this grant agreement to the IDOT. Section 2. That the DCHS stipulates that the Society has the required 30% matching funds available for this granT. Section 3. That the DCHS stipulates that it will assume responsibility for adequate maintenance of any new o¢ improved facilities as a result of this application for a m~nimum of 20 years following project completion. Section 4. That the City of Dubuque and the DCHS hereby agree to abide by the terms of this agreement with IDOT. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor 266 Regular Session, July 17, 2000 Attest: Jeanne F. Schneider City Clerk Buel move(: adootion of [he resolution. Seconded Dy ~licholscn. Motion carried 7-0. Histodc Preservation Commission requesting to keep the brick savemen[ on 15th Street oetween Locust St. and Main St. when it is reconstructed in FY 2004 presented and read. Buol moved that the communication be 'eceived and filed. Seconded by ~icholson. Motion carded 7-0. City Manager recon~mending approval of a Purchase of Services Agreemen[ between the Dubuque Humane Society and the City of Dubuque for provision of animal shelter services from Juiy 1. 2000 through June 30. 2001. eresented and read. Buol moved that the communication be received and filed ane concurred with me recommendation. Seconded by Nicholson Motion carded 7-0. City Manager recommending approval of Hillcrest Usage Agreemem for use of Murphy Park from November 1st. 2000 through January 12, 2001 for holiday Fight display, presented and read. Buo' moveo that the communication be received and filed and concurred wm me recommendation. Seconded by Nicholson. Motion carried 7-0. City Manage( requesting approval of an agreement with IA Dept. of Transportation relating to early dght-of- way acquisition for future highway improvements in the U.S. Corridor from the City west corporation line to Devon Dr.. presented and read. Buo] moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 321-00 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO EARLY RIGHT-OF-WAY ACQUISITIONS FOR FUTURE HIGHWAY IMPROVEMENTS IN THE U.S. 20 CORRIDOR Whereas the Deoartment of Transportation has prepared and submitted [o the City Council for aDoroval, an agreemem relating to the re[afive resconsibilities of the Iowa Department of Transportauon to allow the early acouisition of right-of-way for corridor preservation and properb' ownershib economic hardship cases: end Whereas the City of Dubuaue aDDrovea the terms and cond~ons of said agreement. ~OW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: Section 1. That the Right-of-Way Agreemen[ for City Street Relocations and/or Reconstrucuon, No. 2000-1- 182. consisting of an agreement for the reconstruction of U.S. 20 from tnb west coreoration Fine easterly [o Devon Drive, be approved. Section 2. Thatthe City Manager be authorized and directed to execute two (2) copies' of the right-of-way agreement, and forward the executed copies to the Iowa Department of Transportation for their approval. Passed, adopted and approved this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buoy moved adobtion of me resolution Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of a Quit Claim Deed for a right-of-way purchase on Pennsylvania Ave. near the Northwest Arterial from the Assemblies of God Ministers Benefit Assn. bresented and read. Buo[ moved thatthe communication be received and filed. Seconded by Nicholsor, Motion carried 7-0. RESOLUTION NO. 322-00 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON PENNSYLVANIA AVENUE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreemen[ with Assemblies of God Ministers Benefit Association, pursuan[ to whicl' Assemblies of Gcc Minismrs Benefit Association agreed to convey ali that sar[ of the following descdbec propers' lying north of [he centeriine of Pennsylvania Avenue: Lot 1 of Lot 1 of _o[ 2 of Bryne's Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on the Exhibit A thereof and Whereas. Assemblies of God Ministers Benefit Association has executed a conveyance of said property. NOW, THEREFORE, SE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. The City Council of the Regular Session~ July 17, 2000 2,",7 City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from Assemblies of God Ministers Benefit Association, copies of which are attached hereto; as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the C~ of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adop~on of the resolution. Seconded by Nichoison. Motion carried 7-0. City Manager recommending acceptance of the Bee Branch Storm Sewer Cleaning Project and the final contract be established at $307,175.90, presented and read. Buol moved that the communication be reCeived and tiled. Seconded by Nicholson~ Motion carried 7-0. RESOLUTION NO. 323-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Bee Branch Storm Sewer Cleaning Project has been completed and the City Manager has examined the work and flied his certiticate stating that the same has been completed according to the terms of the contract, plans and speciticetions and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 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 FEMA Public Assistance Funds and the Storm Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Dugganl Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 324-00 FINAL ESTIMATE Whereas, the contract for the Bee Branch Storm Sewer Cleaning 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 ail 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 $307,175.90 and the said amount shall be paid from the FEMA Public Assistance Funds and the Storm Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of July, 2000. Terrance 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 that the Administr'4tive Services Manager, the Finance Director and the Assistant Finance Director be authorized to execute electronic investment transactions with Treasury Direct on behalf of the City, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 325`00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO EXECUTE ELECTRONIC INVESTMENT TRANSACTIONS WITH TREASURY DIRECT ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has established a book-entry account with Treasury Direct; and Whereas, the City of Dubuque invests short-term funds in the U.S. Treasury securities through Treasury Direct; and Whereas, the City of Dubuque can ~mprove cash management through electronic processing provided by Treasury Direct; and Whereas, the City Council has determined that the fiscal officers who may execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque are Administrative Services Manager, Finance Director, and Assistant Finance Director. 268 Regular Session, July 17, 2000 NOW. THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE. iOWA: The Administrative Services Manager Finance Director. and Assistant Finance Director are hereby authorized to execute electronic nvestment [ransactions w~th Traasu~' Direct on behalf of the City of Dubuque. Passeo, approved and aooDted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Bual moved adoption of me resolution Seconded by Nichoison. Motion carded 7-0. City Manager recommending that the Administrative Services Manager, Finance Director anc Assistant Finance Director to sign checks and drafts on behalf of the City, presented anc read. Dual moved that the communication ce received and filed. Seconaeo by Nicheison. V~otion carded 7-0. RESOLUTION NO. 326-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE Whereas, me City of Dubuque deposits certain funds in Ioca commercial banking institutions: and Whereas, these commercial banking institutions require authorization by the City Council for certain fiscal officers to sign such checks and drafts: and Whereas, the City Council has determined that the fiscal officers who may sign checks and drafts on behalf of the City of Dubuque are Administrative Services Manager, Fir~ance Director and Assistani Finance Director ',IOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE iOWA: Section 1 The Administrative Services Manager, Finance Director and Assistant Finance DirecTor are hereby authorized to sign checks and drafts on behalf of the City of Dubuque. Section 2. Thatthe foregoing fiscal officers are also hereby authorized to sign ~he authorization cards from the commercia~ banking institutions Passec approved and adopted this f7th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Dual moved aooption of the resolution. Seconded By Nicholson. Motion carded 7-0 City Manager recommending that Finance DireCtor Kenneth J. TeKippe be appointed as City Treasure' presented and read. Buei moved mat the communication be received aaa filed. Seconded Dy Nichoison Motio~ carded 7-0 RESOLUTION NO. 327-00 RESOLUTION NAMING FINANCE DIRECTOR KENNETH J. TEKIPPE AS CITY TREASURER FOR THE CITY OF DUBUQUE, IOWA Whereas iowa Code §372.8 and §2- 106 of the City of Dubuque Code of Ordinances state that the City Manager shall appoint a Treasurer subject to the aoDroval of the City Council; and Whereas, the City Manager has determined that the Finance Director. Kenneth J. TeKippe, should ~erform these duties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That the Finance Director, Kenneth J. TeKippe is hereby appointed as the City Treasurer for the Cib, of Dubuque, Iowa. Passed. approved and adopted this 17th day of July, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F: Schneider, City Clerk Buol movec adoption of me resolution. Secondec by Nichoison. Motion carded 7-0. City Manager recommending authorization for the City ~o enter into a three year ex[ension of membership ir the Iowa Communifies Assurance Poo' (ICAP) for insurance coverages /General Liability, Auto Liability, Wrongful Acts Officials Liability, Law Enforcemen[ Liability), which covers the period of 7/1/02 through 7/1/0E. presented and teac. Buol moved ina[ the cemmunication be received and filed and concurred with recommendation. Seconded by Nicholson. Motion carried 7-0. City Manager recommending authorization to sign ~ne U.S Army Corps of Engineers 404 Construction Permit Acalication for construction of the Mississippi River Discovery Center We~Jand Project, the construction of the Harbor Walk and the installation of Boat Docks, presenmo and read. Buol moved that the communication be Reqular Session, Jul~l 7+-2000 269 received and filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 328-00 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE CORPS OF ENGINEERS CONSTRUCTION PERMIT APPLICATION FOR THE MISSISSIPPI RIVER DISCOVERY CENTER WETLAND CONSTRUCTION IN THE ICE HARBOR, THE CONSTRUCTION OF THE HARBOR WALK AROUND THE EDGE OF THE ICE HARBOR, AND THE INSTALLATION OF BOAT DOCKS Whereas, the Dubuque Historical Society is proposing to construct the Mississippi River Discovery Center in the ice Harbor, and a portion of the development includes the construction of a proposed wetland area along the northwest corner of the Ice Harbor, and Whereas, a permit application is required by the U.S: Army Corps of Engineers; and Whereas, the City of Dubuque is the owner of the property and the Dubuque County Historical Society is leesing the property, the permit application must be executed by both parties; and Whereas, the City Council of the City of Dubuque approves the terms and condtlJons of said permit application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the U.S. Army Corps of Engineers permit application for the construction of a wetland along the northwest comer of the Ice Harbor, in conjunction with the Mississippi River Discovery Center Project and Harbor Walk around the westady edge of the Ice Harbor, and the installation of modular transient boat docks, along the westady edge of the Ice Harbor, be and hereby is approved. Section 2. That the City Manager be authorized and directed to execute four (4) copies of the permit application and forward them along with the signature of the Dubuque County Historical Society to the U.S. Corps of Engineers for fur[her review and comment by various Federal, State, and Local agencies, Passed, adopted and approved this 17th day of Juh7, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0, City Manager recommending approval of a financial assistance package to assist the expansion of Precision Tool & Engineering, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 329-00 A RESOLUTION AUTHORIZING A COMMITMENT LETTER AND THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN OF ONE HUNDRED THOUSAND DOLLARS ($100,000) TO PRECISION TOOL & ENGINEERING, INC. Whereas, under provisions of Title I of the Housing and Commun~ Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds for the purpose of stlmulafing economic development actlvifies within the community; and Whereas, the City of Dubuque, Iowa desires to assist the further expans on of Precsion To01 & Engineering, Inc. and to create new permanent employment opportunities for Iow and moderate income citizens; and Whereas, a Commitment Letter, hereto attached and by this reference made a par[ hereof, sets forth the terms and conditions of Precision Tool & Engineering Inc/s participation in the City's CDBG Economic Development Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to Precision Tool & Engineering, Inc. Section 2. That the City Manager be and he is hereby directed to prepare, upon receipt and acknowledgment of the attached Commitment Letter by the Company, the necessary loan documents in accordance with the terms and cond~ons set forth in said Commitment Letter. Section 3. Thatthe CH Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the CDBG Economic Development Loan Program, in accordance with the terms and 270 Regular Session, July 17, 2000 conditions of the executed agreement Passed. approved and adopted this 17th day of July. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of me resolution. Seconded by NJcholsor.. Motion carded 7-0. RESOLUTION NO. 330-00 A RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC. TO PROCEED WITH A LOAN FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND OF TWO HUNDRED FOUR THOUSAND DOLLARS ($204,000) TO PRECISION TOOL & ENGINEERING, INC. Whereas, the City of Dubuque has funded a portion of the Economic 3evelopment Administration's (EDA~ Revolving Loan Fund (RLF~ which is administered Dy ECIA Business Growth Inc.: and Whereas, Precision Tool & Engineering, Inc. nas requested financial assistance from EClA Business Growth. Inc. of $204.000 for the further expansion of their business in the Dubuque Industrial Center; and Whereas, ECIA Business Growth Inc. nas reviewed me request and asked that the City Council authorize the use of loan funds from the City of Bubuque's portion of the EDA Revolving Loan Fund; and Whereas. the City of Dubuque, iowa desires to assist Precision Tool & Engineering, Inc. in this exoansion. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Sectior 1. That EClA Bus~ness Growth, Inc. is hereby authorized to 3roceed with a loan to Precision Tool & Engineering, Inc. from the City of Dubuque's portion of the EDA Revolving Lean Fund. Se~on 2. That the City Clerk is hereby directed to notify EClA Business Growth, Inc. of saic authorization by transmitting a ceFdfiec copy of this Resolution. Passed. approved and adopted this 17th day of July, 2000 Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk BUd[ moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0 Dubuaue Jaycees, KDTH. KATF and KGRR Radio requesting display on Tuesday, July 3, 2001 or Volunteer Road with a rain date of July 4th, oresented and read. Buol moved that the commumcation be receivec andfiled and reeues~ approved, subject To imolementation by City Manager. Seconded by Nichoison. Motion carded 7-0. City Manager adding support to the application 'for tax credits to the Iowa Inn project, presented and read. Buc moved that me communication be received anc filed. Seconded Dy Nicholson. Motion carried 7-0. RESOLUTION NO. 331-00 NOW THEREFORE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the following having comelied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa. be granted a permit to sell Cigarettes and Cigarette Pacers within said City. I RENEWAL Sid's Beverage Store inc. Beverly Miller 2727 Dodge St Passed approved and adopted this 17th dayof July, 2000. Terrance M Duggan Mayor Attest: Jeanne F. Schneider, C~ Clerk Buol moved adoption of the resolutior.. Seconded Dy Nichoison. Motion carried 7-0 RESOLUTION NO. 3324)0 Whereas, applications for Beer Permits have been submitted and filed To this Council [or approval and me same have been examined add approved: and Whereas. tne premises to Be OCcuPied by such applicants were inspected and found to compiy with the Ordinances of this City and have filed proper bonds. NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issuedthe following named applicants a Beer Permit. CLASS "B" BEER PERMIT (5-DAY SPECIAL EVENT) Four Mounds Foundation ~c. Four Mounds Foundation + (Outdoor Sale) 500 E 4th ST Dubuque Area Labor Mn~m Summen'est + (Outdoor Sale-Tent - A,B,C) Town Clock Plaza CLASS 'C" BEER PERMIT Mulgrew Oil Con' 3any Re.qu ar Session, July 17, 2000 27T JFK AMOCO Foodshop+(Sunday Sale) 1701 JFK Rd Jean A. Aithaus Family Beverage Center +(Sunday Sale) 3400 Central Ave Passed. approved and adopted this 17th day July, 2000. Terranca M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 333-00 Whereas. applications for Liquor Licenses nave been submitted to this Council for approval and the same have oeen examined and approved; and Whereas, the premises to be occupied by such applicants were inseected and found to complL, with the State Laws and all City Ordinances relevant thereto and they have filec proper bonds. NOW, THEREFORE, BE ~' RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS "C*(COMMERClAL) BEER/LIQUOR LICENSE ADDle Corps, LP. Appiebee's Neighborhd. Grill & Bar+(Sunday Sale} 1395 Associates Dr House of China House of China+ (Sunday Sale) 170 JFK Rd Cud. is L Gerhard Knickers Saloon +(Sunday Sale) 2186 Central Ave LTott's & C.Meyers Tott's Tar)+ (Sunday/Outdoor Sale) 3457 Jackson St Aramark Educational Service Loras Coliege+(Outdoor Sale) 1450 Alta Vista Dr CLASS "B" WINE (WB) Mildred M. Dot[er Basket Expressions 474 Bluff St Jean A. AIthaus Family Beverage Center 3400 Central Ave Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoptio~ of the resolution. Seconded by Nicholson. Motion carded %0. sale of Cigarettes within me City of Dubuque, Iowa. be granted a permit to sell Cigarettes anc Cigarette Pacers within said City. NEW Madhatters Inc. Dave R Lorenz/ Steve Schirm 1091 Main St Passed. approved and adopted this 17th day of Ju~y, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, city Clerk Buo moved adootion of me resolution. Seconded by Nicho~on. Motion carried 7-0. Rer~uest from Dubuque Jaycees to transfer Class B Beer Permit to 555 West Eight for date of 8/11f2000 presented and read. BuoJ moved ~ha~ ~ne reques[ be rece[veo and filed and approved transfer. Seconded by Nicholson. Motion carded 7-0. BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the fo[lowing Boards/Commissions: HOUSING ADVISORY TRUS"- FUND COMMITTEE: Dods Hingtgen. Appointments To the following Boards/Commissions: HISTORIC PRESERVATION COMMISSION: Christopher ~. Wand (Architect/At Large). Michalski moveo that Christopher J. Wand be aeeointed ~o the unexpired three year term which will expire 7-1-0;_. Seconded by Nicholson. Motion :arded 7-0. INVESTMEN- OVERSIGHT COMMISSION: Paul Lassance Hiram MeJendez. MichalskJ moved mat Paul Lassance and Hiram Me[endez ce reappointed to three year terms which will expire 7-1-03. Seconded Dy Nicho[son. Motion carded 7-0. PLUMBING BOARD: Stanley G Gonner (Master Plumber). Markham moved that Stanley G. Gonner be appointed to [he Master Plumber position which will expire 11-02-02 Seconded by Robbins. Motion carried 7-0. Michalski morea to susoend the rules to allow anyone present to address the Council if they so desire Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 334-00 NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the following having complied with the provisions of law relating to the Request of Buesing & Associates/Plastic Center [nc.. to rezone the southeast corner of the Nor[hwes[ Ar[edaJ and Asbury Road from AG Agricultural Distdct To PUD Planned Unit Development with PC 272. Regular Session, July 17, 2000 Planned CommerciaL, PO Planned Office and PR Planned Residential designafions, Pardon from the residents of the St Cella Street area neighborhood regarding the proposed development by Plastic Center, lnc., and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubu(~ue Code of Ordinances by reclassifying hereinafter dsscdbed property located at the southeast corner of Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural Distdc~ to PUD. Planned Unit Development District with PC Planned Commercial District. PQ Planned Office and PR Planned Reeidentiai District Designafions, and adopting a Conceptual Deve~opmen[ Plan, WT['h cond*~ons, for ~lastic Center, Inc. , ~ first and second readings given or 6/19/00, now presented for further action. Nichelson moved that this matter be tabled at the request of Plastic Center, Inc. Seconded by BuoL Motion carded 7-C. Request of R. J. Schlitz ~o rezone property of Larry & Sharon McDermoE at 3556 Crescent Ridge, from PUD Planned Unit Development with a PR Planned Residential District designation and AG/kgficultural District to R-1 Single Famity Residential; communication of Zoning AcMsory Commission recommending approval of the request; 3roof of publication on Notice of ~ublic Hearing to rezone property at 3556 Crescent Ridge, Presented and read. Markham moved that the communications and proof be received and filed. Seconded by Cline. Motion carried R. J. Schlitz spoke reaussfing this rezoning. An Ordinance amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances by reclassifying droper~y at 3556 Crescent Ridge from ~lanned Unit Development with a PR Planned Residential Designation ane AG Agricultural D[stdct to R-1 Single :emily Residential, presented and 'ead (OFFICIAL PUBLICATION) ORDINANCE NO. 57-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3556 CRESCENT RIDGE FROM PLANNED UNIT DEVELOPMENT VVITH A PR PLANNED RESIDENTIAL DESIGNATION AND AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Planned Unit Development w~h a PR Planned Residential Designation and AG Agricultural to F~-I Single-Family Residential District, to wit: Lot 1 of Mineral Lot 290, Lot I of Lot 2 of Mineral _et 290, and Lot 2 of Mineral Let 285. and to the center line of the adjoining public right~of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore beer reviewed by the Zoning Advisory Commissio~ of the City of Dubuque, Iowa Section 3. This ordinance shall take effect immediately ~ son publication, as provided by law. Passed, aPProved and adopted this 17th day of July, 2000. Torrance M Duggan, Mayor Attest Jeanne F. Schneider, City Clerk ~ublished officially in the Telegraph Herald newspaper this 21 st day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved that the requirement that a proposeo Ordinance be consideree and voted on for passage at two Council Meetings pnor to the meeting at which it is to be finally passed be suspended and further moved final consideration anc passage of the Ordinance. Seconded by C~ine. Motion carded Request of Hartig Realty IV, Richard J. Hartig, to rezone existing Hartig Drug Store the NW Corner of Central Ave. & Kaufman location from C-4 Downtown Commereia To C-3 General Commercial District communication of Zoning Advisory Commission recommending approval of the request and proof of publication on Notice of =ublic Hearing m amen~ the Zoning Ordinance, presented ane read. Robbins moved that the communications and proof be received and i~led. Seconded by Nicholson. Reqular Session, July 17, 2000 273 Carried Dy the following vote: Yeas--Nicholson, Robbins BuoL, Clir e. Duggan, Markham. Nays---Michalski. An Ordinance Amending Appendix a fThe Zoning Ordinance) of the City of Dubuaue Code of Ordinances by Reclassifying Hereinafter Described Prope~ Located at 2225, 2235. 2239- 224' Central Avenue from C-4 Downtown Commercial Distdct to C-3 General Commercial District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 58-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2225, 2235, 2239-2241 CENTRAL AVENUE FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW. A: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amendec by reclass~/ying the hereinafter described property from C-4 Downtown Commercial Distdct to C-3 General Commercial District. to wit: Lot 5 N 40' of Lot 4, S 10' of Lot 4, Lot 3 N 10' of N 32' of Lot 2, S 22'- N 32' of Lot2, S f8'of Lot 2. N 4' 8" - N 25'4" of Lot I S 20' 8"- N 25' 4" of Lot I and S 24' 8" of Lot 1, all of Tivoli Addition, and To the center line of the adjoining public right-of-way all i~ the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been "evlewed by the Zoning Advisory Commfssior of the City of Dubuque, Passed. approved and adopted this 17th day of July, 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 21 st day of July, 2000. Jeanne F. Schneider. City Clerk It 7/21 Robbins moved that the requirement [hat a Proposed Ordinance be considered and voted on for passage at ~vo Council Meetings odor to the meeting at which it is To be finally gassed be suspended and furths- moved final consideration and passage of the Ordinance. Seconded by Nicholson Carded by the following vote: Yeas--Nicholson. Robbins. BuoJ ClJne, ~uggan Markham. Nays---MichalskL. Request of The Finley Hospital. 350 N. Grandview. Io expand The Finley Mospital ID institutional District to a,ow construcfior of a new medical office building and off-street parking; commumcation of Zoning Advisory Comm. recommending approval of the requesT; proof of publication on Notice of Public r~earmg to amend the Finley Hospital's D Institutional District. oreesnted and read. Buol moved ma~ the communications and creel De received and filed, Seconded by Markham. Mo'don carded 7-0. Kevir Rogols, Pres. & CEO of The Finley Hosoital. spoke in request of the zoning. Dave SchaIler and Rick Peterson of The Finley Hospital were in attendance. An Ordinance amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances providing for the amendment of Ordinance %93 Dy approving an Amended Conceptual development Plan for the =inley Hospital ID Institutional Distdct and reclassifying hereinafter describes property located in me 1400 block c' University and including Allison Place from R-2 Two Family Residential District to D Institutional District, oresented anu read. (OFFICIAL PUBLICATION) ORDINANCE NO, 59-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 1-03 BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE FINLEY HOSPITAL ID INSTITUTIONAL DISTRICT AND RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 1400 BLOCK OF UNIVERSITY AND INCLUDING ALLISON PLACE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT NOW THEREFORE BE 274 Regular Session, July 17, 2000 ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sec~on 1. That ADcendix A (the Zoning Ordinancel of the Dubuque Code of Ordinances be amended by providing the amendment of Ordinance 35-93 Dy approving an amended Conceptual Development plan for The Finley Hosoital ID Institutional District ana by reclassifying hereinafter described properzy from R-2 Two- :emily Residential District m D Institutional District, to wit: Lot I_ Lot 2 and Lot 3 of Mii[igan's Subdivision; Lot I of Lot 1 of Motor subdMsion: Lot 2, Lot 3, Lot 4. Lot 12, NVV 223 of Lot 13 SE 1/3 of Lot 13 NW 1/3 of Lot 14 SE 2/3 of Lot 14. Lot 15. Lot 1 of Lot 16. Lot 2 of Lot 17, Lot 19. Lot 1 of Lot 20, Lot 2 of Lot 2 of Lot 20 aha Lot 1 of LOt 2 of Lot 20, all of Finley Home Addition: Lot 2 of Minard's Subdivision and to the center line of the adjoining cublic right-of-ways, all in the City of Dubuque. Section 2. That in order m accorr 21ish the purposes of the ID Institutional District aha of the Zoning Qrdinance, the property herein above descdbeP is subject to the following conditions and restrictions: A. Use Requlations The following regulations shall apply to a uses made of land in the above- described ID Institutional District: 1) Principal permitted uses shall be limited to the following: a) Hospitals. (46) b) Out-catient care facilities. (36) c) Offices for aaministrative personnel or other institutional employees or affiliates. (14) d) Classroom, laboratories lecture halls, auditoriums and similar places of institutional assembly. (45) e) Oft-street parking and loading. (NA) f) Existing private uses or structu res situated withir an ID nstitutionm District for which the R-3 District standards shall apply. (NA) g) Facilities and operations for the diagnosm care and treatment of human ~ealth disorders, including examinations [n operating rooms. pnysical therapy or x-ray facilities psychiatric treatment, convalescent care and similar hospital-related uses. 9ut not to include commercial uses or uses listed as conditiona~ or accessory uses for this district, this provision shall include separate doctors clinics and other medical.facilities not owned or operated by the principal institution and included in the conceptual development plan. (36) h) Group aay care center (8). 2) Accessory Uses. The following uses s[3a][ be permitted as accessory uses m the above-desctibec ID Institutional Distdcti a) Restaurants or cafeterias, flower snoos., gift shops, eno canay, cigar or magazine stands Cut only when operated or Iocateti entirely within a principal building. b) :acilities with a compounding, dispensing or sales of drugs or medicines prosthetic devices, lotions or preparations, bandages or dressings and similar medical or health-related supplies. c) All uses customarily incidental to the principal permitted use conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside the principal building. B. Lot and Bulk Requlations Development of land in the iD institutional District shall be regulatec as follows: 1) All buildings, structures and activities shall be located in conformance with the attached concectua! development plan and all final site developmem plans to be approved in accordance with the provisions of the ID Institutional Distdct regulations as pro',qded in the Zoning Qrdinance of the City of Dubuque iowa. C. Site Develocment Standards 1) Final site aevelo~ment plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. 2) The landscaping and screening requirements shell be established n accordance with the requirements of Section 4-5 of the Zoning Ordinance. D. Additional Standards 1) The oft-street parking requirement for the principal permitted uses for the herein described ID institutional District shall be shown on the attached amended concectual develonment Dian. 2) Signage permitted in this ID institutional District shell be as fotlows: a) Nine free-standing signs with a maximum of 50 square feet per sign; b) One free-standing sign with a maximum of 100 square feet per sign; c) 22 wall-mounted signs with a maximum of 50 square feet per sign; d) Four well-mounted s~gns with a maximum of 100 square feet per sign; e) One wall-mounted sign with a maximum of 200 square feet; f) Directional signs, as needed with a maximum sign area of 10 square feet Reqular Session, July 17, 2000 275 and 10 feet in height g) That all other sign regulations not herein idenfified shall conform to Section 4-3.11 Schedule for Sign Regulations for the ID Institutional District. 3) That all previously approved conceptual development p[aes are hereby amended to allow for the attached conceptual development plan. E~ Time Limitation The conceptual development plan shall be valid for a period of five years provided final site development plans are submitted within the five (5) year time frame. Extensions may be granted by the Zoning Advisory Commission at the request of The Finley Hospital. F. Tr@nsfer of Ownershic~ Transfer of ownership or lease of property in this ID Institutional Distdct shall include the transfer of lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this distdct Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cb Clerk ACCEPTANCE OF ORDINANCE NO. 59-00 l, Kevin Rogols, representing The Finley Hospital, having read the terms and conditions of the foregoing Ordinance No. 59-00, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque~ Iowa this 17th day of July, 2000. By:/s/Kevin Rogols, President, The Finley Hospital Published o~ciaIly in the Telegraph Herald newspaper this 21st day of July, 2000. Jeanne F. Schneider, City Clerk It 7/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carded 7-0. Request of Jim Stock to amend PR Planned Residential District for Oak Meadow II to allow construction of a new private street and 14 additional condominium units in 7 buildings on the south side of Brunskill Road and Deer'wood Circle; communication of Zoning Advisory Commission recommending approval with one condition, that the _p, roposed street be constructed with 25 wde paving and 30' dght of way with no parking allowed on either side- proof of Publication on Notice of Public Hearing to amend the PR Plannea Residential Distdct presented and read. Buol moved that the communications and ~roof De receivec and filed. Seconded by Robbins. Motion carried 7-0 Jim Stock spoke in favor of the rezoning. An Ordinance amending Appendix A [zhe Zoning Ordinance} of the City Code of Ordinances Dy reclassifying property at 2702 Brunskill Rd. from R1 Single Family Residentia, District To PUD Planned Unit Deve~oomem District with a PR Planned Residential Distdct designation and adopting an amended ConcepTual Development Plan with conditions, for Oak Meadows Condominiums, presented anc teac. (OFFICIAL PUBLICATION) ORDINANCE NO. 60-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE} OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2702 BRUNSKILL ROAD FROM R~ I SINGLE-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR OAK MEADOWS CONDOMINIUMS. NOW: THEREFORE BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE= IOWA: Section 1. Appendix A (the Zoning Ordinance} of the City of Dubueue Code of Ordinances is hereby amended by reclassifying me hereinafter aescribed oroper[y from R-1 Single-Fam~y Residential District To PUD Planned Unit Development District with a PR Plannea Residential designation and adoating an amended conceptual developmem plan, a copy of which is attachea To and maae a J3e~ hereof, for Oak Meadows Condominiums as sra[ed below, to wit: 276 Regular Session, July 17, 2000 Lot 2 of M.L 222, Lot 2 of M.L 223, Lot 2 of Block 1, Lot I thru 4 and Lot A Block 2 of Oak Meadow 2nd Addifon. and to the center line of the adjoining public right-of-way, all in the City of Dubuque. Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condifon of the reclaesifcatian the undersigned properb7 owner agrees to the following condifons, all of whicr the property owners further agrees are reasonable and imposed to satisfy the public needs teat are caused directly by the zoning reclassification: A. Use Regulations. The following regulafions shall apply to all uses made of land in the above described PUD District: 1. Principal permftted uses shall be limited to: a) 56 condominium units 2. Accessory uses shell include any use customarily incidental and subordinate to the principal use it serves. B. Lotand Bulk Reeulafions Development of land in the PUD District shall be regulated as follows: 1. Ail mult~fam[ly residential structures in the ~Janned Residential development shall be constructed in substantial compliance with the attached conceptual Dian. 2. All buildings one structures shall provide a front yard setback from Brueskill Road of twent~ (20) feet_ C. Performance Standards The development and maintenance of uses in this PUD Distdct shall be established Jn conformance vath Section 3--5.5 of the Zoning Ordinance and the fo[lowing standards: 1. The proposed pdvate street (cul-de- sac} shall be constructed % 25 feet wide with curb and gu~ter and a 30-foot dght-of-way. 2. A 'hold harmless" agreement between the City aha the properly owners association shall be provided for damages resulting from solid waste collection and routine or emergency maintenance of City utilit7 systems. 3. That a m~mmum of 150 feet separation be provided between Deerwood Circle's south access with BrunsMII Road and the Mulgrsw propers/driveway access. 4. Recreationalfac[lifes as shown and noted on the attached Conceptual Development Plan shall be comoleted by tee end of the 2000 construc~on 5. Sidewalks as ShOWn and noted on the attached Conceptual Development Plan shall be comeleted_by rne eno of 2000 construction season from Brunskill Road to the last constructed unit. Thereafter sidewalks shat[ be installed upon completion of each building. 6. Street lighting as shown ano no[ed on the attached Conceetual Develoomen[ Plan shall be completed as each chase of the street s constructed 7. Landscaping as noted on the attached Concepzual Develoomen[ Plan shall be installed around each b, ve-unit complex when that complex is comoleted. 8. Two parking spaces Der dwelling unit shall ce provided. Additional open lot spaces shall be provided as shown on the attached Conceptua Development Plan n ieu of curbside parking. No on-street parking allowed 9. Storm water detention shall be provided as oar City Engineedhg requirements. 10. Ail utilities, including telephone aec cable television, shall be installec underground. 1 I. A final site development plan shal 3e submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque. Iowa. 12. A Property Owners Association shall be established D. aden Space and Recreational Areas Open space and andscaping in the PUD District shall be regulated as follows: 1. Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance. by the proper~y owner and/or association. E, Sion Reoufafions Signs in the PUD Distdct shall be regulated as follows: 1. Signs shall be allowed in the Planned Residential Develoemeat in accordance with the R-4 Multi-Family Residential Distdct sign regulations of the Zoning Ordinance. F. Transfer of Owr~ershiD Transfer of ownership or lease of proper~ in this PUD District shall include in the transfer or lease agreement a prowsion that ~ne purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of rne District. G. Reclassifcation of Subiect Prooertv. The City of Dubuque, Iowa, may initiate Regular Session, July 17, 2000 zoning reclsssificatJon proceedings to' the R-1 Single-Family Residential Distdct in accordance with Secfion 6 of the Zoning Ordinance if the property Owners fail to complete or maintain any of the conditions of this ordinance. H. M odifica~on,s Any modifications cf this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I. Recordino A Copy of this ordinance shall be recorded at the expense of the property owners with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this r?clsssificafion approval within ten (I0) oays after the adop~on of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Secdon 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Section 4. The foregoing amendment shall take effect upon publication, as provided by law; and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this 17th day of July, 2000· Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 60~00 I, James Stock, property owner, having read the terms and conditions of the foregoing Ordinance No. 60-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 15th day of July, 2000~ By/s~ James Stock Published officially in the Telegraph Herald newspaper this 21 st day of July, 2000. Jeanne F. Schneider, City Clerk It 7/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be fina!iy passed be suspended and further moved final consideration and passage of the Ordinance, as amended. Seconded by Robbins. Motion carried 7-0. 277 Buol moved to rainsta(e the rule limiting discussion [o the City Council. Seconded by Nicholson Motion carded 7-0. Communication of Thomas W. O'Neil, Menard, inc., requesting a re- hearing before the City Council ano Iowa Department of Transportation submitting update of alternate corridors for the Southwest Arterial, with specific consideration of the aiignmen[ of the connection to U.S. 20. presented and read. Michaiski moved that the reouest be reconsidered. Seconaec Dy BuOl. Carded by the following vote: Yeas~Michaiski, Nicholson, Robbins. Buol, Cline Markham. Nays--Duggan. Nicholsor then move(] To reconside- this at the second meeting of AugusT, 2000. Seconded by Buol. Mo'don carded 7~6 City Manager recommending a proposed change in the "No Parking" zone which exists on both sides of Hardson Street, from Railroad Ave. To its northehy terminus which would create a new parking distdct prohibiting the parking of semi-trailers, presentec and reaa. Buol moved that the communication be 'eceived and filed. Seconded by Robbins. Motion carded 7-0 An Ordinance amending City of Dubuque Code of Ordinances by adding a new Section 32-267.: providing for the establishment o¢ Parking Restrictions for Semitrailers on designated Streets or Po~ons thereof and adding certain portions of Hardsor, StreeT, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 61-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 32-267.1 PROVIDING FOR THE ESTABLISHMENT OF PARKING RESTRICTIONS FOR SEMITRAILERS ON DESIGNATED STREETS' 'OR PORTIONS THEREOF AND ADDING CERTAIN PORTIONS OF HARRISON STREET NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNC!L OF THE CiTY OF DUBUQUE. IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, lows. be amended by adding the folio~ng new Section 32-267.1 Lhereof as follows: 278 Regular Session, July 17, 2000 "Sec. 32-267.1 "Parking Restrictions for Semitrailers on Designated Streets or Portions Thereof'. Where spaces have been designated by signs or markings for "No Parking Semitrailers', it shell De unlawful for the operator of any such vehicle to stop siena or park in the following areas: Hardson Street east side. from Railroad to its northeny terminus. Passed, approved and adopted this 17th dayof July, 2000. Terrance M. Duggan, Mayor At[est: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of August, 2000. Jeanne F. Schneider. City Clerk 1 t 8/29 Buol moved ina[ the requirement [nat [he proposed Ordinances be considered and voted on for passage at two Council Meetings arior to the meeitng at which they are to be finaliy passed ce suspended and further moved final consideration and. passage of the Ordinances. Seconded by Robbine Motion darded 7-0. An Ordinance amending Section 32- 262(D) of the City Code Prohibiting Parking on Designated Streets or portions thereof by deleting certain portions of Hardson Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 62-00 AN ORDINANCE AMENDING SECTION 32-262 iD) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING CERTAIN PORTIONS OF HARRISON STREET NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended By deleting from Subsection id) of Section 32-262 the following: Hardson Street, both sides from Railroad Avenue TO its northerly terminus. Section 2. The City of Dubuque Code of Ordinances is amended by adding TO Subsection id) of Section 32- 262 the following: Harrison Street. west side. from :~ailroad Avenue To its northerly terminus. Passed approved and adc pted this 17th day of July, 2000.. Terrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 29th day of August. 2000. Jeanne F. Schneider, City Clerk I t 8/29 Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at 'cwo Council Meetings poor To the meeting at which they are to be finally passed be suspended aha further moved final consideration and passage of the Ordinances Seconded by Robbins. Motion carried 7-0 City Manager recommending the filing of the application for Enterprise Zone Certification for the exoansion of Enterprise Zone 1 to include the 4th Street ~eoinsuJa/Ice Harbor area, presented and read. Markham moved that the communication be received and filed. Seconded by Cline. Motion carded 7-0. RESOLUTION NO. 335-00 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE CERTIFICATION OF AN EXPANSION OF THE EXISTING ENTERPRISE ZONE - 1 IN THE CITY OF DUBUQUE. Whereas, the State of Iowa Department of Economic Devel0pmen[ (IDED) is taking applications for the Enterprise Zone program to provide benefits and incentives for redevelopment and reinvestment m areas of a community that meet certain eligibility c-iteria; and Whereas, the City of Dubuque, iowa has identified an area which meets the eligibility requirements; and Whereas the City Council of Dubuque, Iowa has determined that said designation and cerlJfication of an expansion of the City's existing Enterprise Zone - 1 will benefit the local economy through the creation of new investment and new jobs for area residents: and Whereas, the City of Dubuque, iowa is eligible m submit an application for Lhe Enterprise Zone 9rogram. NOW, THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Reqular Session, July t7, 2000 279 application for Enterpdee Zone Certification to expand the City's existing Enterprise Zone - 1 is approved. Section2. That the schedule of value-added property tax exemption for this Enterprise Zone shall be One Dollar ($1.00) per year for ten years. Section 3_ That the Mayor is hereby authorized and directed to execute, on behalf of the City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application. Section 4. That the City Manager is directed to submit the application to the Iowa Department of Economic Developmem together with such documents as may be required. Section 5. That~ once the expanded Enterprise Zone is der'dried, a copy of this resmutioc and all supporting documems be forwarded [o the City Assessor. Passed, approved and adopted this 17th day of Juiy, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Markham moved adoption of me Resolution. Seconded by Cline. Motion carded 7-0. City Manager advising of IA Dept_ of Transportation's denial of City's request to lower the maximum allovcable train speed through the City and requesting direction. Discussion ensued as to possible actions. Zoning Advisory Commission Chair Eugene Bird requesting reconsideratio~ of a request to maintain a liaison with the Long Range Planning Commission, and consideration of a compromise solution of me Commissions conducting joint presented and read. Buol moved ro deny the request for reconsideration Seconded by MichalskL Vote on the motion was as follows: Yeas--Buol, Michalski, Markham. Nays--Nicholson, Robbins, Cline, Duggan. MOTION FAILED. Nicholson then moved to approve a suspension of the liaison position for one year and reviewthe situation then. Seconded by Cline. Carded by the following vote: Yess--Cline, Duggan, Markham. Nicho[ssn. Rcbbins. Nays---Buol, Michalski. Eugene Bird. Chair of the Zoning Comm spokein support of the deletior of the liaison. City Manager recommending the City Council dissolve the City Board of Health and allocate $15,000 to the County Board of Health Dept. for the next three years to assist in funding the public health priorities, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholssn. Carried by the following vote: Yeas--Nicholson, Robbins, Buol, Duggan, Markham. Nays--Michalski. Cline. An Ordinance amending the City of Dubuque Code of Ordinances by Repealing Sec. 23-1 Providing for a Board of Health: By Repealing Sec. 23- 3 Providing for the Conduct of Appeai by the Board of Health; By amending Sec. 7-75 ano 7-81 relating to Dangerous Animals crssented and read. Robbins moved that the requirement that a proposeo Ordinance De considered and voted o~ for passage az two Council Meetings pnor to the meeting at which it is to be finaJly passed ge suspended and fur[her moved final consideration and passage of the Ordinance. Seconded by Nichoison. Vote on the motion was as follows: Yess--Nfchoison, Robbins Buol, Duggan. Markham. Nays--Michalski, Cline. Motion failed due to lack of 3/4 VOid. City Manager requesting a~ add~onal staff person for the Section 8 Housing activity, presented and read. Buol moved that the communication be received and tiled and approved reauest. Seconded by MichaJskL Motion carded 7-0. City Manager recommending authorize the City Manager ~o execute the contract for services for Phase I of the Fourth Street Peninsuls Master Plan m The Currant Group, nc.. oresented and recd. Markham moved that the communication be received and I~led and concurred with the recommendation. Seconded by Buol. Motion carded City Council Goal Setting date and upon consensus it was decided that this time be scheduJed for 8/28/00 and 8/29100. City Manager recommending public headng be held on 8/7/00 to vacate portion of an alley between 61 and 65 South A[gona, presented and read. Buol moved that the communication ce received and filed. Seconded oy 280 Regular Session, July 17, 2000 Nichoison. Motion carried 7-0. RESOLUTION NO. 336-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN 61 AND 65 SOUTH ALGONA STREET Whereas. there has been presented to the City Council of the City of Dubuque, ~owa, a plat dated June 20 2000. prepared by IIW Engineem & Surveyors, P.C.. describing the proposed vacated arvey between 61 and 65 South A~gona Street: and Whereas. said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ClTYOF DUBUQUE IOWA: Section 1. That the plat dated June 20, 2000, prepared by IIW Engineers & Surveyors, P.C., relative to the rea~ estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are ~ereby authorized and airected [o execute said plat for and on 3eha[f of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authonzed 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 17th day of July, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buol moved adop~on of the 'esolution. Seconded by Nicholson. Motion carded 7-0. An Ordinance vacating the alley between 61 and 65 South Algona Street, presented and reaa. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-00 ORDINANCE VACATING THE ALLEY BET~NEEN 61 AND 65 SOUTH ALGONA STREET Whereas, Mark La[rd and Wayne Reicher have requested the vacating of an alley between 61 and 65 South Algeria Street; and Whereas. IIW Engineers & Surveyors, P.C. has prepared ano submitted to the City Council a plat showing the vacated podJon of an alley between 61 and 65 South Algona Street and essignea [et numoers thereto, which hereinafter shall 3e known and descdbed as Lots 7A and 8A [n O'Neill's Subdivision No. 3 in the City of Dubuque= Dubuque County, Iowa; Whereas. the Cfty Council of the City of Dubuque, Iowa has determined that the alley between 61 and 65 South AJgons Street is no longer required for public use, and vacating of said portJoos of an alley between 61 and 65 South Alqons Sb'eet known as Lots 7A and 8A in C~Neill's Subdivision No. 3 in the City of Dubucde, Dubuque County, Iowa should be approveo NOW THEREFORE BE [T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. Thai the rea~ es[a~e described as Lots 7A and 8A in O'Neilrs Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passec approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Published officially in the Telegraph Herald newspaper this 21 st day of July, 2000 Jeanne F. Schneider, City Clerk It 7/21 Buol moved mat the reeuirement that a proposed Ordinance be considered and voted on for passage at two Council MeelJngs prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded oy Nicholson. Motion carded 7-0. RESOLUTION NO. 337-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 7A AND 8A IN O'NEILL'S SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas. ~4ark Laird and Wayne Reicher have requested the vacating of an alley between 61 and 65 South Algeria Street. Whereas IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of an alley between 61 and 65 South Algona Street and assigned ct numbers thereto, which hereinafter shall be known and described as Lots 7A and 8A in O'Neill's Subdivision No 3 in the City of Dubuque. iowa; and Whereas the City Council of the City of Dubuque. Iowa has determined that this alley oewveen 61 and 65 South Algooa Szree[ is no longer reouired for eublic use and vacating ano sale of said portions of alleys and streets known as Lots 7A and 8A in O'Neill s Regular Session, July 17, 2000 Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe Ctiy of Dubuque intends to dispose of its interest in Lots 7A and 8A in O'Neill's Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots 7A in O'Neill's Subdivision No. 3 in the City of Dubuque, Iowa to Wayne E. and Rita M. Reicher be contingent upon the payment of $1.224.25, plus platting, publication and filing fees. Secfion 3. That the conveyance of Lots 8A in O'Neill's SubdMsion No. 3 in the City of Dubuque, Iowa to Mark Laird and Shelley Cue be contingent upon the payment of $1.224.25, plus piat[ing, publication and filing fees. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CH Clerk Buol moved adoption of the resolution and set Public Headng for this on 8/7/00 at 6:30 P.M. in the Public Ubrary Audltodurn and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carded 7-0. City Manager submifting documents providing for reconstruction of street and sidewalk improvements for a posen of Fifth Street from Iowa to Main Street, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 338-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREEORE, 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 Fifth Street Reconstruction - Iowa to Main Street Project, in the estimated amount of $234,062.18, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of July, 2000. Terrance M. Duggan, Mayor 281 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO, 339-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of-the City Clerk for public inspection of the Fifth Street Reconstruction - iowa to Main Street Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 7th day of August. 2000, a public hearing will be held at 5:30 p.m. in the Public Library Aud~todum at whic[' time interested persons may appear and be heard for or against the proposed plans and specifications. form of contract and cost of said Improvement, and the City Clerk be ana is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, iowa, which nst~ce shall be not less than four days nor more than twenty days Drier to the day fo<ed for its consideration. A! the headng, any interested person may appear and file objeclions to the proposed plans specifications, contract, or es~ma~ed cost of the improvement. Passed, adopted and approved this 17th day of July, 2000 Terrance M. Duggan, Mayor At, est: deanne F. Schneider, City Cerk Michalski moved adoption of the resolution. Seconded by Robbins. Motion carries 7-0 RESOLUTION NO. 340-00 RESOLUTION OF NECESSITY Whereas. proposed plans have been duly prepared and approved by the City Council of the City of Dubuque an~ are now on file in the office of City Clerk showing amon~c other things the plans specifications, form of con~rac~, estimated cesz and preliminary plat and schedule showing me amoum proposed to be assesSed against each lot and the valuation of each lot as filed by the City Council for the Fifth Street Reconstruction - Iowa to Maln Street Project NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL 282 Regular Session, July 17, 2000 OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned ~mprovements and unless property owners at the time 0f the final consideration of this proposed resolution have on file with the City Clerk objections ro the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regalarity oft,he proceeding and the legality of using the special assessment procedure. Said improvements sl~all De constructed and done in accordance with the plans and specifications which have ceen approved Dy the City Council and now on file with the City Clerk. That the cost and expense of making such imDrovemem will 3e assessed padJally or totally against pdvateiy owned property ~ng with the assessment limits and ~n an amount notto exceed that provided b?' law, and m 3ropoKion to the special 3enefits conferred. The poddon of the cost w~ich shall be borne by the City will be paid from the Street Construction Fund. and special assessment bonds may De issued in anticipation of deferred payments of assessments when a contract has beer performed and accected, and the proceeds thereof used to paythe contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 17th day of July, 2000. Approved and placed on file for final action, Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 341-00 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas,,the City Council of the City of Dubuque, ~owa, nas given its preliminary approval on the proposed plans, specifications end form of contract and placed same on file in the office of the Cit~' Clerk for public inspection, for the Fifth Street Reconstruction - Iowa to Main Street Project, and, Whereas, the proposed Resblution of Necessity for said improvement has ~een introduced and is now on file in the City Clerk's office for public inspec~on. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That on the7th day of August, 2000, a public headng will be held at 6:30 o'clock e.m. in the Public Library Auditedum in the City of Dubuque az which time the owners of proper~y subject to assessment for the proposed improvement or any other person having an nterest in the maRer may appear and be heard for or against the making of the improvement, zne boundafiss of the district the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed [o cause a notice of §me end place of SUCh heating to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days pdor ro the day fixed for its consideration. Unless properly owners at the time of the fine consideration of this proposed -esolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all obje~ons thereto. Passed, adopted and approved this 17th day of Ju~y, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Michalski movea adoption of me Resolution. Seconded by Robblns. Motion carded 7-0. RESOLUTION NO. 342-00 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheet~ I to 1 inclusive, are hereby determined to be the schedule of proposea assessments for the Fifth Street Reconstruction - owe ro Main Street Project and the valuations se[ oul herein are hereby approved. Passed approved and adopted this 17th day of Jaly 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robblns. Motion carried 7-0, City Manager submitting documents providing for initiation of the bidding Regular Session, July 17, 2000: 283 process for the construction of a parking lot at Third and Main Streets, presented and read. Markham moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 343-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: That the proposed plans, specifications, form of contract and estimated cost for the Construction of the Parking Lot at Third & Main Streets, in the estimated amount of $55,460.76 are hereby approved and ordered tiled in the office of the City Clerk, for public inspection. Passed, approved and adopted this 17th dayof July, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 344-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the C~ of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for the public inspection of the Construction of the Parking Lot at Third & Main Streets. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL · OF THE CITY OF DUBUQUE, iOWA, that on the 7~ day of August, 2000, a public headng will be held at 6:30 p.m. m the Public Library Auditorium, at which interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place ef such headng to be published in a newspaper having general cimulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the headng, any contract, or estimated cost of the improvemenL Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adop'don of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 345-00 ORDERING BIDS NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Construction of the Perking Lot at Third & Main Streets is hereby ordered to be advertised for bids. BE IT FURTHER RESOLVED; that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par[ of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise'for bids for the purchase of mstedats herein proVided, td be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 1'~ day of August, 2000. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 7th day of August, 2000. Passed, approved and adopted this 17th dayof July, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. At 8:00 P.M. Buol moved to go into Closed Session re: Purchase of Real Estate (iowa Code §21.5(1)Ci) and Pending Litigation (iowa Code §21.5(1)(c). Seconded by Nichoison. Motion carded 7-0. At 8:36 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no fur[her business, Buol moved to adjourn. Seconded by Markham. Motion carded 7-0. The meeting adjourned at 8:37 P.M. /s/Jeanne P. Schneider City Clerk 284 Regular Session, July 17, 2000 Approve~~ o'~. 2000 Adopted~'~/c, ~ 2000 .~.._~0uncil Members