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2000 August Council ProceedingsRegular Session, August 7, 2000 285 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, August 7, 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Clige; Markham, MichalsM, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Member Buol. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may propedy come before the City Council. invocation was given by Rev. Constance Miller, Pastor, St. John Lutheran Church_ PROCLAMATIONS: Responsible Gaming Education Week (August 7 - 11, 2000) received by Bruce Wentworth and George Papanier: Downtown Month (August, 2000) received by Linda Herbs'f; and United Way Campaign Time (August 8 - October 31, 2000) received by Ran Kappas. Minutes: Airport Commission of 716 and 7/24; Civil Service Commission of 6/28 and 7/11; Community Development Advisory Commissian of 6/20; Five Flags Commission of 6/19; Housing Commission of 7/11; Human Rights Commission of 6/12; Library Board of 6/21; Park and Recreation Commission of 7/11, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 6-0. Proof of publication of Council Proceedings for June 12, June 19, and July 5, 2000; and List of Claims and Summary of Revenues for month of May, 2000, presented and read. Michalski moved that the proofs and communication be received and filed· Seconded by Nicholson. Mo~on carded Printed Council Proceedings for May, 2000, presented and read. Michalski moved that the proceedings be approved as pdnted. Seconded by Nicholson. Motion carded 6-0. Finance Director submitting the · Quarterly investment Report, presented and read. Michalski moved that the communication and report be received and filed. Seconded by NichoIson. Motion carried 6-0. Notices of C a ms and Suits: David Hennessy in estimated amount of $483.45 for vehicle damage; Rick Hillard in undetermined amount for vehicle damage; DonaM Kohl in sst~mated amount of $100.78 for vehicle damage; Beth Miller in ss~mated amount of $50,000~ Jan Troy in estimated amount of $33%36 for property damage; Mona Turner in undetermiP~d amount for vehicte damage; and Wells Fargo Home Mortgage, Inc. versus City of Dubuque, presented and read. Michatski moved that the claims'and suits be referred to the Legal Staff for investigation and report Seconded by Nicho~son. Motion carried 6-0. Corporation Counset advising the following claims have been referred to Public Entity Risk Services of iowa, the for the Iowa Communities Assurance Pool: Farm Bureau Mutual Insurance for proper~y damage; Tim Patterson for vehicle damage; Joseph and Lois Stelken for vehicle damage; and Robert and Jeanette Welu for personal injuries, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending denial of the vehicle damage claim of Jonathan S. Meyers, presented and read. Michalski moved that the communication be received and tiled and concurred with the recommendation. ~econded Nicholson. Motion carded 6-0. by July 27, 2000 Honorable Mayor and Members of e City Council tn accordance w~th Chapter 400 of the 1999 Code of iowa, an examination for the pos~on of inspector t vras given on July 11, 2000. We hereby cer~fy i that the following indMduats have )assed this wtit'~en examination and 286 Regular Session, August 7, 2000 the vacancy for this position should be made from this list and that this list is good for t'¢~o (2) yearIs] from above INSPECTOR I David E. Weide William K. Clapham Jay S. Blake Hugh R. McCarron Jonn J. Tierney David G. Fitzgerald Dennis E. Hackbar~h James S. O'Meara Richard Vorwald Scott J. LaRue Gregory A. Foley Dennis J. Lawler Thomas R. Kopp Grog Swartz Shown D. Frazier Frededk C. Timmermans Charles K. Bandy Robert A. Hosch Respectfully submitted. ~'s/Lords J. Kluesner Chairperson fsi Mede J. Duehr Is/Richard Wedzberger Civil Service Commissio~ Michalski moved that the above CMl Service certificatiou be made a matter of record. Seconded by Nicholson. Motion carried 6-0 Communicafion of John F, Michateki submitting his resignation from the Long Range Planning Advisory Commission and communication :of Duaine H. GreenfieM submitting his resignation from me Historic Preservation Commission presented one read. Michalski moved that the communications be received and filed. Seconded Dy Nicholson. Motion carried Communication of Lloyd S. Gudenkauf requesting a 180 day extension for the inataHafion of Improvements for Jaeger Heights Subdivision. presented and reae. Michalski moved that this be referred to the City Manager. Seconded by ~icholson. Motion carded 8-0. Communication of E.C Vandenburgn regarding damages m Clara Coud presented and read. Micha[ski moved that the communication be received and filed. Seconded by Nicholson. Motion carded 8-0. City Manager recommending that ce~ain City employees be authorized To execute checks on behalf of the City, presented and read. Michalski moved that the communication be rece~vea and filed. Seconded Dy Nicholsen. Motion carried 6-0. RESOLUTION NO. 346-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED EMPLOYEES OF THE CITY OF DUBUQUE LIMITED AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE, IOWA i Whereas, the City of Dubuque deposits certain funds for specific use in Iocai commercial banking institutions; and Whereas the commercial banking institutions re(~uJre author'Bation by the City Council for City employees to s~gn checks and drafts drawn on such banldng inst~tions' anc Whereas. the City Council I~es determined that the City employees who may sign checks and drafts drawn on designated accounts on behalf of the City of Dubuque are Five Flags Civic Center ~lanager and Concessions Manager for checks issued for the City of Dubuque Five Fl~s Civic Center Concessions Account drawn on account number 2819000282-1 at FIRSTAR Bank in Dubuque and the Leisure Services Manager and Five Flags CMc Center Manager for checks issued for the City of Dubuque Five Flags CMc Center Ticket Office Account draw~ on account number 281900013-0 FIRSTAR Bank Jn Dubuoue. NOW. THEREFORE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section t. The Five Flags Civic Center Manager and Concessions Manager are hereby author~ed to sign checks and drafts on behalf of the City ef Dubuque for checks issued for [ne Five Flags CMc Center Concessions 2819000282-1 at F[RSTAR Bank tn Dubuque. Sectior 2. The Leisure Services Manager and Five Flags CMc Center Manager are hereby authorized to sign checks and drafts on behalf of the City of Dubuaue for checks issued for the -~iva Flags Civic Center Ticket Office Account drawn on account number 281900013-0 at FIRSTAR Bank in Dubuque. Paesar. approved and adopted this 7th day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Michalsk moved adoption of the Resolution. Seconded by Nicholson. Motion carded City Manager recommending acceptance of the r~eron Pond Wetlands Nature Trail Project, Regular Session~ Augu_At 7, 200.0 287 presented and read. Micha[ski moved that the communication be received and filed. Secondec by Nicholson. Motion carded Attest: Jeanne F. Schneider. City Ctsrk Michalski moved adootion of [ne Resolution. Secondec by Nicholson. Motion carded RESOLUTION NO. 3474)0 ACCEPTING IMPROVEMENT Whereas~ the contract for the Heron Pond Weflands Nature Trail Project has been completed and the City Manager has examined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans ant specifications and recommends its ~OW THEREFORE, BE T RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Se~on 1 Thatthe racommendaflon of the City Manager be approved and that said improvement be and the same~s hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from ' the Resource E~}hancement and Projections Grant (REAP) and the General Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of Augus~ 2000. Tarranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 348-90 FINAL ESTIMATE Whereas, the contract for the Heron Pond Wetlands Nature Treil Project has been complated and the City Engineer has submitted his final estimate showing the cost thereof inctuding the cost of estimates, notices and inspection and ali miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $167,I02.45 and the said amount shall be paid from the Resource Enhancement and Projections Grant (REAP) and the General Fund cf the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of August, 2000. Torrance M. Duggan, Mayor City Manager recommending acceD~anca of the 1999 PC Paving Project, No. 2, presented and read. Michalsk moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 3494)0 ACCEPTING IMPROVEMENT Whereas, the contract for the 1999 PC Concrete Paving Project - No. 2 - i Arlington St_ and West Fifth, Bluff to Hill St.. nas been completed and the City. Manager has examined the work and ti]ed his cer~flcate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends-- its NOW THEREFORE, BE IT '*~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~on i~ Thatthe recommendation cf the C~ Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund, the Local Option Salss Tax Fund, the General Fund, and the Read Use Tax Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of August, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalsk[ moved adoption of the Resolution. Seconded by Nichobon. Motion carded 6-0. RESOLUTION NO. 3504)0 FINAL ESTIMATE Whereas, the contract for the 1999 PC Concrete Paving Project - No. 2 - Arlington St. and West Fif~, Bluff to Hill St., has been completed and the City Engineer has submitted his final ssflmate showing the cost thereof including the cost of estimates, notices and inspection and att miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the cast of said 288 Regular Session, August 7, 2000 imorovemen~ is hereby determined to be $820 487.29. Section 2. That $138,091.94ofthe cost thereof shall be assessable uean private prcper~7 and $548.971.55 shall be paid from the Street Construction Fund. Passed approved and adopted this ?th day of August, 2000. Terranca M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Michalski movec adoption of the Resolution. Seconded by Nicholecn. Motion carried 6-0. RESOLUTION NO. 351-00 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS FOR THE 1999 PC CONCRETE PAVING PROJECT - NO. 2 -Arlington SL and West Fifth, Bluff to Hill SL, NOW THEREFORE,' BE IT RESOLVED BY THE CITY COUNCIL ~ OF THE CITY OF DUBUQUE. IOWA: That the attached sheets, ~1 to 5, are hereby determined to be the preliminary schedule of propesee assessments for the 1999 PC Concrete Paving Projec~ - No. 2 anc the valuations set out herein are hereby approved. Passed, approved and adopted this 7th day of August, 2000. Terranca M. Duggan, Mayor Attest Jeanne F. Schneider. City Clerk Michalski moved adoption of ~ne Resolution Seconoeo by Nicholson. Motion carded 6-0. City Manager recommending approval of a City/County pavement marking agreemenT, presented an(] read. Michaiski moved that the communication ~e received and fi[ed Seconded by Nicholecn. Motion carded 6-0. RESOLUTION NO. 352-00 RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE PAINTING OF PAVEMENT MARKINGS ON STREETS AND ROADS Whereas Chapter 368 of the Code of ~ow~ was amended in lg94 Dy Senate File 418 regardin9 seconaary road resoonsibilities when proposed annexations included property on cmy one side of an existing roadway; end, Whereas, the City of Dubuque, iowa. and Dubuque County, Iowa, agree that the painting of pavement markings divided down the centerqine of roadways is neither cost-efficiem or practical: and. Whereas. it is necessary that the City of Dubuque and Dubuque County enter into an Agreement regarding the painting of pavement markings on these roadways. Whereas. me City of Dubuaue agrees m perform for Dubuque County, the painting of pavement markings on those streets as tisted in the attached Agreement: and Whereas. Dubuque County agrees to perform for the City of Dubuoue. the aerating of pavement markings on those portions of roads as listed m the attached Agreement NOW THEREFORE. BE RESOLVED BY THE CITY COUNCIL OFTHE CITYOF DUBUQUE IOWA: Section I That the City Council of the City of Dubuoue. iowa, hereby approves the attached Agreement with Dubuque County for the painting of pavement markings as listed in the attached Agreement and the Mayor is hereby authorized and directed execute the Agreement on behalf of the City cf Dubuque. Passed. approved and adopted this 7th day of August, 2000. Terrenca M. Duggan, Mayor Attest: Jeanne F. Schneioer, City Clerk M chalski moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. City Manager recommenaing accectance of the public improvements in the Tiffany Ridge SubdMsio~ presented and read. Micha[ski moved that the communicatior be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 353-00 ACCEPTING IMPROVEMENTS IN TIFFANY RIDGE Whereas, pursuant ~o Resolution No. 421-93 certain improvements including s~eet paving, storm sewer sanitary sewer, watermain and .s~reat lighting were installed by the develooer of Tiffecy Ridge; and Whereas. the improvemenm have been comDlereo and the City Manager nas examined the work and has filed a caCdflcate stating that ~ne same has been comoleted in accordance with the piaes approved by the City Council and in conformance with City specifications ReqularSession~August 7,2000 . 289 and has recommended that the improvements be accepted by the Cr~ Council 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 improvements in ~-~any Ridge be and the same is hereby accepted. Section 2. That maintenance of said imorovemen~s shall be the responsibility of the contractor and the owner for a pedod of two years from thio date Passed, adopted and approved thio 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. C. ommunication of CH Manager recommending an amendment to the -~ Code of Ordinances, rresentad and read. Michatski moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 6-0. An Ordinance Amending the City of Dubuque Code of Ordinances by~ changing the reference in Sections 10- 23, 10-24, and 10-38 from "Dock DMsion Manager" to "City Manager," presented and read. Michalski moved that this be the first reading of the Ordinance_ Seconded by Nicholson. Moflon carded 6-0. The following was pulled from thio Agenda and will be put on the 8/21/00 Agenda: City Manager recommending an amendment to the Chamber of Commerce Development Agreement and a Resolution Approving and authorizing execution of an amended and restated Development Agreement by and among the City of Dubuque, Harbor View Development, LLC, and the Dubuque Area Chamber of Commerce. City Manager recommending acceptance of the Skate Park Concrete Slab Construction Project, presented and read. Michalski moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 354-00 ACCEPTING IMPROVEMENT WHEREAS the contract for [ne Skate Park Concrete Slab Construction Project nas oeen completed and the City Manager has examined the work and tiled his certiticate stating that the same has been completed according the terms of the conzrac~, plans and specitications and recommends its NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section I. That the 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 Fiscal Year 2000 appropdaflons in the amount of $43,334.57 in General Funds, in amount equal to the amount of this contract, lees any retained percentage provided for therein. Passed, approved and adopted this 7t~ day of August, 2000. Terrance M. Duggan, Mayor Attest. Jeanne F. Schneider, City Clerk MichalskJ moved adop~on of the Resolution. Seconded by Nicholson. Motion card, ed 6-0. RESOLUTION NO. 355-00 FINAL ESTIMATE WHEREAS, the contract for the Skate Park Concrete Slab Construction Project has been completed and the Engineer has submitted his tinal estimate showing the cost thereof including the cost of estimates, notices and inspection and ail miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the CH Councii of the City of Dubuque, iowa: Section 1. That the cost of said improvement is hereby determined to be $43,334.57 and the said amount shall be paid from the Fiscal Year 2000 General Fund appropda~ons of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adop~on of the Resolution. Seconded by Nicholson. Motion carded 6-0. . C~y Manager advising that Carnegie S~out Public Library has again been awarded futl certification by the State of Iowa, presented and read. Michaiski moved that the communication be received and flied. Seconded by 290 Regular Session, August 7, 2000 Nicholson. Motion carded 6-0 City Manager recommending approval to allow Crime Stsppem to place their signs on sign posts throughout me City, presented and read ~lichalaki movea that the communication Da receivec and filed and concurred with the recommendation. Seconded by Nichoison. Motion carded 6-0. Reques~ from Rigel Corporatior (Godfathers P~za) of a liquor license refund in the amount of $225.00, presented and read. MichalskJ moved that the reeuest be received and filec and approved request. Seconded by Nicholson. Motion carded 6-0~ RESOLUTION NO, 356-00 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 ef Dubuque, iowa, be granted ~ permit to sell Cigarettes and Cigarette Papers within said City. NEW Shannon's Bar & Gdli Shannon's Bar & Gdll LLC. 521 E. 22nd St ~assed, approved and aaopted this 7th day of August. 2000. Terrance M. Duggan, Mayo~ Attest: Jeanne F Schneider City Clerk Michalski moved adoution of the Resolution. Secondec by Nicholson. Motion carded RESOLUTION NO. 357-00 NOW THEREFORE. BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the following having complied ~¢J~ 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. 2 RENEWALS Oky Doky ~ 21 Oky Doky # 2t LLC 2010 Kerper Blvd Bodine Lounge JeffA. Detainer 1445 Central Ave Passed. approved and adopted this 7th day of August, 2000. Terronce M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk MichalskJ moved adoDt]on of the Resolufion. Seconded by Nicholson Motion carried 6-0. RESOLUTION NO. 358-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval ano me same have been examined and approved; and Whereas, the premises re be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds_ NOW. THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized To cause m be issued the following namea applicants a Seer Permit. CLASS "B' SEER PERMIT ~/lusic N More Promotions Music N More Promotions +~ Outdoor Sales) 3rd St Ice Harbor Donna Ginter RiverFest + l (Outdoor Sales) Town Clock Plaza T~State Gcif Center, inc. Tri-State Golf Center, Inc. +[Outdoor Sales) 19095 Cedar Cross Ct.~SS "C' BEER PERMIT Mulgrew Oil Co. Amoco Food Shop+(Sunday Sale) 1450 Lores Blvd. Passed approved and adopteo this 7th day of Auguat, 2000. Torrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 359-00 Whereas, applications for Liquor Licenses nave been submitted to this Council for approval and the same nave been examined ane approveo; Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City. Ordinances relevant thereto and they have filed proper bonds. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C- fCOMMERCIAL) BEER/LIQUOR LICENSE Shannod's Bar & Gdll LLC Shannon's Bar & Gdll +(Sunday Safe) 521 E. 22nd King of Clubs Freddy's King cf Clubs 1902 Central Passed. approved and adopted this 7th day of August; 2000. Reqular Session, A~i.qti~t ~;; 2000 29] Torrance M. Duggan, Mayor Attest Jeanne F. SchneMer, City Clerk Michalski moved adopdon of the Resolution. Seconded by Nichdison. Motion carded 6-0. BOARDS AND COMMISSIONS: Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: HOUSING COMMISSION: Dorothy A. Cutbertson, Jim Holz, Dan Teply. Dorothy Cdibertson spoke requesting reappointment UBRARY BOARD OF TRUSTEES: Sue Lindsay. Sue Lindsay spoke requesting appointment LONG RANGE PLANNING ADVISORY COMMISSION: Chds Curfman. Chds Cuffman spoke requesting appointment and submitted his resume. Appointments to the foltswing Boards/Commiesions: HOUSING ADVISORY 3-RUST FUND COMMITTEE: Dods Hingtgen. Michalski moved that Doris Hingtgerr be appointed to a three year term which will expire 9-8-03: Seconded by Robbins: Motion carded 6.0. Robbins moved that the rules be suspended to allow anyone present to address the Council. Seconded by Nichdison. Motion carded 6-0. City Manager recommending that the City dispose of Lots 7A and 8A in O'Neill's SubdMsion to Wayne Reicher and Mark Laird, presented and read. Markham moved that the communicafion be received and filed. Seconded by Nichdison. Motion carded 6-0. RESOLUTiON NO. 360-00 RESOLUTION DISPOSING OF CiTY INTEREST in LOTS 7A AND 8A IN O'NBLL~S SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice ef time and ptace of headng; published in the Telegraph Herald, a newspaper of general circulafion published in the City of Dubuque, fowa on the 21st day of July, 2000, the City Council of the City of Dubuque, iowa met on the 7th day of August, 2000, at 6:30 p.m. in the Public Libraw Audifofium, 11th and Locust, Dubuque, Dubuque, County, tswa to consider the proposal for the sale of real ss~te described as: Lots 7A and 8A in O'Neill's Subdivision No. 3 in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CI'F'/COUNCIL OF THE C17~¢ OF DUBUQUE, IOWA: Section 1_ Thst the sots cf City of Dubuque real property described as Lot 7A in O'Neill's Subdivision in the City of Dubuque, Iowa to Wayne E. and Rita M. Reicher be and the same is hereby approved for the sum of $1,224.25 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real properS, described as Lot 8A in O'Neilfs Subdivision in the City of Dubuque, lowa to Mark Laird and Shelley Cue be and the same is hereby approved for the sum of $1,224.25 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim DeedS- ¢ Se~orf 3. That the Mayor be authorized and-directed to execute a Quit Claim Deed, and the C~ Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Mark Laird and Shelley Cue and Wayne E. and REa M. Reicher upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed te record a ceri~ed copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of Auguat, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nichofson. Mo~on carded 6-0. Proofs of publication on notice of headng on plans and specs and notice to bidders on the receipt of bids for construction of the Parking Let at Third and Main and City Manager recommending to award contract for project, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 361-00 ADOPTION OF PLANS AND SPECIFICATIONS NOW, THEREFORE BE IT 292 Regular Session, August 7, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the proposed p~ans, specifications, form of contract and cost for the Construction of the Parking Lot at Third &Mair Streets n the amount cf $ 71,042 are hereby approved for said project. =assed, approved and adopted this 7"' day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 362-00 AWARDING CONTRACT Whereas sealed ~roposais have been submitted by contractors for the Parking Lot Project at Third & Main Streets pursuant to Resolution No. 343-00 and notice to bidders published n a newspaper published in the City of Dubuque, iowa on the 28~" day 2000 -~ Whereas, said seaied proposals were ooened and read on the 1't day of August, 2000. and it nas been determined that [he bid of Conlon Construction of Dubuque, iowa in the amount of $ 71.042 was the lowest bid for the ¢umish[ngs of labor and materials and performing the work as provided for in the plans anc sDec~fica~ons. NOW THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the contract for the above improvement be awarded to Conlon Construction and the Manager is hereby directed to execute a contrac~ on oehalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract ane me approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deoosits of the unsuccessful bidders. Passed. approved and adopted this 7TM day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried Proofs of DUbiicatJon or notice of hearing on o]ans and specs and not,ce to bidders on me receipt of bids for construction of the Third Street Parking RamB and City Manager recommending to award contract for project, presented and read. Markham moved that rne proofs anc communication be 'eceived and filed. Seconded by Robbins. Motion carried Rhodes [senhar[ spoke questioning various aspects of the bond issue and objecting to this affecting both the City and County also. Rick Dickinson spoke in support of the project. 9rian Kane Attorney at Law, on behalf of the Fischer Co. sooke objecting to this project, stating that it was too close to their proper:y. RESOLUTION NO. 363-00 ADOPTION OF PLANS AND SPECIFICATIONS NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That me propssee plans, specifications form of contract and cost for the Construction of the Third Street Ramp in the amount of $5,395 868.00 are hereby approved for said project. Passee approved and adopted this 7th day of August, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved aaoetion of the Resolution. Seconded by Robbins Motion carded 6-0 RESOLUTION NO. 364~00 AWARDING CONTRACT Whereas seslec proposals have been submitted by contractors for the construction of the Third Street parking facility and notice to bidders has been published in a newspaper published in the City of Dubuque, Iowa on the 7~ day of July, 2000; ano Whereas said sealed proposals were opened and read on the 25TM day of July, 2000 and t has been determined that the bid of Conlon Construction Company in the amount of Five million mree hundred ninety- five thousand eight hundred and eight dollars ($5,395,868 08. was the lowest bid for furnishing materials as arovided for '~ the plans an(] spec~cations. NOW THEREFORE. BE tT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contract for me above Reqular Sessioni AugUst 7~ 2000 29q construction be awarded to Conlon Construction Company and the Manager is hereby authorized to execute a contract on behalf of the City of Dubuque. Passed, approved and adopted this 7*h dayofAugust, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. Proofs of publication on notice of heating on plans and specs and notice to bidders on the receipt of bids for the Bunker Hill Building Remodeling Project and C~y Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and flied. Seconded by Michalski. Motion carried RESOLUTION NO. 365-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 19th day of June, 2000, plansi specifications, form of contract and e~matad cost were flied with the City Clerk of Dubuque, Iowa for the Bunker Hill Building Renovation Project. Whereas, notice of hearing on plans, specifications, form of contract and e~mated cost was published as required by law. NOW THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 366-00 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Bunker Hill Building Renovation Project pu,'suant to Resolution No. 287-00¢ and notice to bidders published In a newspaper published in the City of Dubuque, Iowa, on the 23rd day of June, 2000~ ~ WHEREAS~ said sealed proe0sals were opened and read on the 20'th day of July; 2000, and it has been determined that the bid of Execucon, Ltd., in the amount of $309,574.56 was the lowest bid for the furnishings of all labor and matadals and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above {mprovement be awarded to Execucon, Ltd., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authored and instructed to return the bid deposits of the unsuccessful bidders. Passed;, approved and adopted this 7th day of. August, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carded 8-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construc~on of the Chicago Street Sanitary Sewer Extension Project and ! City Manager recommending to award contract for project, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 367-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of June, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, iowa for the Chicago Street Sanitary Sewer Extension Project Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and 294 Regular Session, August 7, 2000 estimated cost for said improvemen[s for said project. Passed. aaoeted and approved this 7th day of August. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Niche!son Motion carried 6-0. RESOLUTION NO. 368-00 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE CHICAGO STREET SANITARY SEWER EXTENSION PROJECT Whereas. the City Council has proposed a Resolution of Necessity for me Chicago Street Sanitary Sewer Extension Project, has given notice of the cublic hearing thereon as required by law; and Whereas the cublic hearing has been held, all persons offering objections have been heard and consideration giver To all ~bjections ane is pending before this Council; ano Whereas. this is the time and place set as provided for the taidng of action on the proposed Resolutior of Necessity. NOW THEREFORE. BE IT RESOLVED BY THE C]7-¢ COUNCIL OF THE CITY OF DUBUQUE iOWA: That the proposec Resolution of Necessity deschbed above is hereby:. XX Adopted, without amendment, and all objections tiled or made having been dully considered are overruled. Passed, aooated and approved this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson Motion carried 6-0. RESOLUTION NO. 369-00 AWARDING CONTRACT Whereas. sealed propcse~s have been submitted by contractors for the Chicago Street Sanbary Sewer Extension Project and notice to bidders aublished in a newspaper published in the City of Dubuque Iowa on me 7th day of July: 2000. Whereas. sam scaled proposals were opened and read on the 28th day of July, 2000. and it nas been determined that the bid of McDermott Excavating of Dubuque, Iowa, in the amount of $110 961.47 Was the lowest bid for the furnishings of all labor and materials and performing me wor~( as providec for m the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the contrac~ for ~he above improvement be awarded to McDermott Excavating and the Manager be and is hereby directed to execu[e a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon me signmg of said contract and the approval of the contractor's bond. the City Treasurer is authorized and instrucme to return tne bid deposits of the unsucceesfu bidders. Passed_ approved and adopted this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moveo adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Proofs of public~o~ on notice of hearing on a~ans and specs and notice To bidders on the receipt of b~ds for construction of the Walker and Oneida Storm Sewer Replacement Project and City Manager recommending to award contract for project, presented aaa read. Robbins mevec that the proofs and communication ce received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 370-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of June, 2000, plans, specifications, form of contract and estimated cos[ were tiled with the City Clerk of Dubuque, Iowa for the Walker and Oneida Street Storm Sewer Replacement Project Whereas. notice of hearing on plans, specifications form of contract, and estimated cost was publishes as required by law. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the said Blahs. seecltications form of contract and estimated cost are nereay aeBroveo as the clans. specifications, form of con~rac~ and Reqular Session~ August 7~ 2000 295 for said project_ ~aesed. adopted and approved this 7th day of Augusf, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F Schneider, City Ctsrk Robbins moved adoption of the Resolution. Seconded by Nicholecn. Marion carded 6-0. RESOLUTION NO. 371-90 AWARDING CONTRACT Whereas, sealed proposals have Dean submitted Dy contl~ctors for the Walker and Oneida Street Storm Sewer Replacemeet Project pursuant to Resolution No. 315-00 and notice m bidders published in a newspaper published in the City of Dubuque, iowa on the 7th day of Ju~y, 2000. Whereas. said sealed proposals were opened and read'on the 27th day of Ju4y, 2000, and it has been eerermined that the bid of Drew Conk & Sons Exc~val]-ng of Dubuque., Iowa, in me amounz of $132,588.97 was the lowest bid for me-furnishings of all labor and ma~edeis and performing the work as provided for in the clans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOW~ That the con[tact for the above improvement be awarded to Drew Cook & Sons Excavating and the Manager be and is hereby directed [o execute a contract on behalf of the City of Dubuque for the complete performance of the work. SE IT FURTHER RESOLVED: That upon the signing of saic 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 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adopdon of the Resolution. Seconded by Nichoison. Motion carried 6-0. Proc,% of publication on notice of header on plans and specs end notice to bidders on the receipt of bids for the reconstruc+Jon of Fifth Street from Iowa to Main; City Manager recommending to award contract for project and to reduce the Preliminary Assessment schedule, oresented and read. Robbins moved thai the proofs and communication be received and tiled. Seconded Dy Nicholson. Motion carded 6-0. RESOLUTION NO. 372-90 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas on the 13ti' day of July, 2000. ~lans, specifications, form of contract and estimated cos~ were filed with the City Clerk of Dubuque, Iowa for the Fifth Street Reconstruction - Iowa to Main Street Project. Whereas notice of heenng on plans, specifications, form of cornrac~, 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, soecifications, form. of contrect and estimated cos~ are hereby approved as tee p~ans estimateq cost for said improveme~n~s for said project Passed. adopted and approved this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider C~ Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson Motion carded 6-0. RESOLUTION NO. 373-90 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE FIFTH STREET RECONSTRUCTION - IOWA TO MAIN STREET PROJECT Whereas the City Council has ~rooosed a Resolution of Necessity for the Fifth Street Reconstruction - Iowa to Main Street Project has given notice of the public header thereon as required by law; and Whereas, the public headng has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: 296 Regular Session, August 7, 2000 X Adopted as amendeC by the Schedule of Assessments attached hereto as Exhibit A. and mede a par~ hereof by reference. All objections filed or mede having been duly considered are overruled. Passed, adopted and approved this 7th day of August, 2000. Torrance M. Buggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicheison. Motion carded 6-0. Nichoison moved that me rule be reinstated limiting discussion [o the Council. Seconded by =~obbins. Motion carded 6-0. Request from Michael Sills Lucent Technology, to address the Council regarding the submittal of their RFP for the City's communications system, presented and read. Mr. Sills spoke reauestJng consideration of his RFP. '4ichoison moved that the communication be received-and flied Seconded by Cline Motion carded 6-0. Planning Services Manager Laura Caratens presenting a repot[ on the status of the Comprehensive Plan Uedate. presentec and read, Nichoison moved that the communication be received and filed. Seconded b~ Michalsld. Motion carriec 6-0. Laura Carstans spoke briefly on the Comprehensive Plan Update. Corporation Counsa Barry Lindah] submitting an Ordinance to provide that the liaison from the Zoning Advisory Commission shall not be a member c' the Long Range Planning Advisory Commission until September 1. 2001, presented and read. Robbins moved that the communication be received and ti[ed. Seconded by Nicholson. Carded by the fo[lowing vote: Carried by the following vote: Yeas~Nicholson Robbins, Cline Duggan, Markham. Nays--Michaiski. An Ordinance Amending the City cf Dubueue Code of Ordinances Section 36-4 Long Range Planning Advisory Commission creamo: composition, by Commission of a member of the Zoning Advisory Commission until Sep~emDer 1. 2001 arssentea and read. Robbins moved that this be the first reading of the Ordinance. Seconded Dy Nichoison Carded by the fo[lowing vote: Yeas--Nichoison, Robbins. Cline. Duggan, Markham. Nays--Michalski. Communication of City Manager recommending approval of a projec~ng sign in the public right-of-way at 356 Main Street. presentec and teac Markham movec that the communication be received and flle¢ Seconded by Nichoison. Motion carded An Ordinance Authorizing Guy Gard To construcx awning signs, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 64-00 AN ORDINANCE AUTHOR]ZING GUY GARD TO CONSTRUCT AWNING SIGNS NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CtTY OF DUBUQUE, IOWA: Section 1. That Guy A. Gard, as the owner of the premises known as 356 Main Street. Dubuaue. owa. and legally described as the S. 2/3 of City Lot 1~ (Parcel No. 10-25-241-004) be and they are hereby granted the revocable oermit and authority ~o construct and maintain two awmng signs under the terms ano conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with ~lans heretofore submitted by permittees and approved by the City Manager, unoer the suoervision and direction of the City Manager, and in accordance with all aoolicabie state and federal laws and regulations, and the Ordinances of me City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any eno ali liabilky for damages to persons or property whicl' may result from the existence, location installation construction or maintenance of said awning signs; and b. Procure and maintain in force dudng the mrm of this permit a policy of liability insurance as set forth in the ar[ached Insurance Schedule; end c. Pay on behalf of [he City of Dubuque all sums which the City of Dubueue shall oecome obilgateQ [o pay by reason of the liability imposea uoon the City of Dubuoue for damages of any kind resultinc~ from the location installation, existence construction or maintenance of said awning signs Reqular Session, AuRust 297 sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, ?nstruction or maintenance of awning signs and to pay reasonable attorney fees therefor; and d. indemnity, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injudes to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned l I~nn permittees' further agreement that shouid the right and privilege herein granted be rescinded or revoked by the City Council, permittess, or their successors in interest, as owners of the abutting property, shall within ten (10) days aRer receipt of wr~en notice from the City Manager, so to do, at their own expense, remove said awning signs and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said awning signs at perm~ees' expense and dispose of the same, and the perm~ee shall have no claim against the City or its agents for damages resulting from the removal cf said awning signs. Section 5. That permittaes covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permit~ess hereby covenant and agree not to asser~ such ctaim or defense against the City of Dubuque in the event of claim asserted for death, personal injudes and/or property damage againat the permittaes arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Guy A. Gard when this Ordinance has been adopted by the City Council and the terms and conduces thereof accepted by perm~ees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and t she is authorized and directed to file at I permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted thb 7th day of August, 2000. Torrance M. Duggan, Mayor Atbest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 64-00 I Guy A. Gard the undersigned having read and being tamiliar with the terms and conditions of Ordinance No 64-00, hereby, for themselves, their successors or assigns, as owners of the abut~ng proper~y, accept the same and agree to be pound by the conditions and agreemen;s therein contained To be performed by permlttass By:/s/Guy A. Gard Title: Owner Dated: July 12, 2000 · Pub4ished officially in the Telegrepn Herald news. paper this-~llth day of August, 200d. - J~anne F. Schneider, C~ Cierk It 8/11 Markham moved that the requirement that a prooosed Ordinance be considered and voted on for passage at two Council Meetings prior To me meeting at which it is to be finally passed ce suspended and further moved final consideration and passage of the Ordinance. Seconded oy Nichoison. Motion carried 6-0. Communication of City Manager recommending approval of a projecting sign Jn the public fight-of-way at 255 LOCUST Street, presented and teac. Robbins movee that the communication ce received and filed. Seconded by Nicholson. Motion carried 6-0. An Ordinance Authorizing Miracle Car Wash to install a projecting sign, presented and read. {OFFICIAL PUBLICATION) ORDINANCE NO. 65J30 AN ORDINANCE AUTHORIZING THE ORIGINAL MIRACLE CAR WASH INC. TO CONSTRUCT A PROPERTY SIGN AT 255 LOCUST STREET NOW THEREFORE BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF DUBUQUE, iOWA: Se~on 1. ThatThe Onginal MiracIe CaF Wash too as the owner of the premises know~ as 255 Locust S~reet, Dubuque, Iowa. and fegatly described as lot 1 of CJ~ Lot 114 be and they are 298 Regular Session, August 7, 2000 hereby granted the revocable permit and authority to construct and maintain a property sign under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by perm~ee eno approved ~y me C~ Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federe$ laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the eermission herein granted is expressty conditioned on permitfae' agreement to: a Assume any eno all liability for damages to persons or proper~y which may result from the existence location, instailatior., construction or maintenance of said property sign; and b Procure and maintain in force dudng the term of this permit s policy of liability rrsurance- as set forth in-the attached Insurance Schedule: and c. Pay on behalf of the City of Dubuque, ali sums which the City of Dubuque shall become obitgated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said property sign sustained by any person or persons caused Dy accident er otherwise to defend at ~ own expense and on behatf of said City any claim against the City of Dubuque arising out of the location installation, existence censtructior or maintenance of the property sign and ro pay reasonable a~orney fees therefor: and o. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, less. liability and expense for death and/ar injunes to third persons or aamages to property of third persons, or for damage to any prepe~ of the City of Dubuque which may occur as a result of or in connec+~on with the location installation, existence, construction maintenance and repair of the facility, work ar improvemen[ permitted herein Section 4. That the permis.~on qerein granted is expressly condBened upon permittee' further agreement that should the tight and privilege here~n granted be rescinded or revoked by the City Councit eermittee, or their successors m interest es owners of the abutting proper[y, shail within ten (10~ days after receipt of wdtten notice from the City Manager, so to do, at their own expense, remove said preper[y sign and in the event of their failure to do so the City of Dubuque shall De 8u[nonzea [o remove said properly sign st permittee' expense and dispose of the same and the eermittee shall nave no claim against the City or its agents for damages resulting from the removal of said property sign. Section 5. That permittee covenant and agree that the revocable permit herein granted does not constitute an approval of [ne design, erection. location, construction reoatr or maintenance of said facility and said permittee hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death personal m junes and/or properly damage against-u~e permittee ansing out of or in any way connected with the ~ocation. installation, construction design, repair and maintenance of the facitity herein permitted. Section 6. This Ordinance shall become effective anc the rights hereunder accrue tithe Original Miracle Car Wash lnc when this Ordinance has been adapted by the City Council and the [arms and conditions thereof accepted by permitfae by accepzance endorsed on this Ordinance. Section 7. That the C~ Clerk be and she is authorized and directed to file at permittee' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa Passed, approved and adopted this 7th day of August 2000. Terrance M. Duggan, Mayor At[asr: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 65-00 , (We), the undersigned having read eno being familiar with the terms and I conditions of Ordinance No. 65-00, hereby, for themselves, their successors or assigns, as owners of the abutting propers', accept the same and agree to be bound by the conditions and agreements therein contained to be performed by I permittee. By: Michael Pathoff Title: Pres. Da~ed: 7-28-00 Published officially in the Telegraph Herald newspaper this 11th day of August, 2000. Jeanne F. Schneider City Clerk It 8/11 Robbins moved that the recu~rement that 8 proposes Ordinance De considered and voted on for passage az ~vo Council Meetings 2riot to the Reqular Session~ August 7, 2000 299 · meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Communication of City Manager recommending approval of a projecting s~gn in the public right-of-way at 1091 Main Street, presented and read. Markham moved that the communic~rdon be received and tiled. Seconded by Nicholson. Motion carded 6-0. An Ordinance Authorizing Lime Rock Spdngs Co., Inc. (Pepsi-Cola) to install a projecting sign, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 664)0 AN ORDINANCE AUTHORIZING LIME ~ROCK SPRINGS CO., INC. (PEPSI - COLA) TO CONSTRUCT A PROJECTING SIGN AT 1091 MAIN STPJSET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY oF '~UBUQUE, IOWA~ Section 1. That Lime Rock Springs Co., Inc. as the owner of the projecting signs at 1091 Main street, Dubuque, iowa, and legally described as N. 43.2' - City Lot 41, be and they are hereby granted the revocable permit and authority to construct and maintain a projecting sign under 'the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with pians heretofore submitted by permittess 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· Sec~on 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or properly which may result from the existence, location, installation, construction or maintenance of said projecting sign; and b. Procure and maintain in force duting the term of this permit a policy of liability insurance as set forth in the attached insurance ScheduIe; and c. Pay on behalf of the City of Dubuque, ail sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said projecting sign sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of projecting sign and to pay reasonable attorney fees therefor; and d. indemnify, defend and holdthe City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City ef Dubuque which may occur as a resutt of or in connection with the location, installation, existence, construction, maintenance arrd repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon perm~ittees' further agreement that should_; the tight and privilege herein granted be rescinded or revoked by the City Council, permittess, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at theit own expense, remove said projecting and in the event of their failure to do so, the City of Dubuque shatl be authorized to remove said projecting sign at permittees' expense and dispose of the same, and the penmittee shall have no claim against the City or its agents for damages resulting from the removal of said projecting sign. Section 5. That permittess covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal iajudes and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the tights hereunder accrue to Lime Rock Springs Co., Inc. when this Ordinance has been adopted by the City Council and the terms and conditions thereof 300 Regular Session, August 7, 2000 accepted Dy permittees by accep[ance endorsed on this Ordinance. Section 7. That the Cib/Clerk be anc she is authorized and directed to file at perm~ess' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, cwo. Passed. approved and adopted this 7th day of August 2000. Terrance M. Duggan, Mayer Attest Jeanne F. Schneider City Clerk ACCEPTANCE OF ORDINANCE NO. 66-00 1, Thomas J. Fitzpatrick, the undersigned, having 'dad and being familiar with the terms and conditions of Ordinance '40. 66-00 hereby, for themselves, their successors or assigns, as owners of the abutting propere/, accept the same and agree to be bound by the conditions ano agreements thereir contained to be performed by permittees. By:/s/Thomas J. Fitzpatrick Assistant On-Premise Mahager Dated: August 8, 2000 PubIished officially in the Telegraph Herald newspaper this 11th day of August, 2000. Jeanne F. Schneider. City Clerk It 8/11 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at t~vo Council Meetings pr[or [o the meeting at which it is to be finally passed ce suspended and further moved final consideration and passage of the Ordinance. Seconded b~, Nicholson. Motion carried 6-0. City Manager recommending that the City enter into an agreement with Durran~ Group for preparation of a Conceptual Design of Mair Street presented and read. Michatski moved that this be received and filed and to concur with the recommendation. Seconded by Cline. Vote on the motion was as follows: Yess--Nicho~son Cline. Michalski. Nays---Robbins, Duggan, Markham. Motion Coiled. Michalski moved to table this mat~er. Seconded by Niche!son. Vote on the motion was as. follows: Yeas---Nicholson Cline Michalsk[. Nays---Robbins. Duggan, Markham. Motion failed. City Manager recommending that a building permit moretedum for zne Fourth Street Peninsula be enacted for a twelve month period orssen[eo and read Robbins moved that [ne communication ae receivec and flied Seconded by Markham Motion carried 6-0. An Ordinance Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by adding Section 11-58.2 establishing a moretodum for perm~ applications on the Fourth Street Peninsula, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 67-00 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BU LDNG REGULATIONS] OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 11-58.2, ESTABLISHING A MORATORIUM FOR PERMIT APPLICATIONS ON THE FOURTH STREET PENINSULA. Whereas, the City of Dubuque is engaged in a master planning process for the Fourth Street Peninsula, which will include the establishment of develooment standards: and Whereas. [ne C~ of Dubuque desires [o minimize po[enua~ development conflicts during this planning process by enacting a permit moretodum for the Fourth Street Peninsula ROD Redevelopment Oveday District NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1_ Chad[er 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances s hereby amended by adding Sectien 11- 58.2 as follows: Section 11-58.2 Moratorium - for work on the Fourth Street Peninsula The Building Official shall not issue any permit [or any new construction demolition or substantial enlargemenT, alteration repair or remodeling of any structure, building or sign in the Fourth Street Peninsula ROD Redevelopmen[ Oveday Disffict during the ~welve- month pedod from the effective date of this Section except where a vested right to the issuance of such permit corporation as a matter of law pdor to the effective date of this Section. Any person, firm or cerpora~on so aggrieved Dy or adversely affected By the Building Official's refusal to issue a permit pursuam To this moratorium shall appeal therefrom To me City Council. The City Council may direct the Building Official To issue a permit Regular Sees on, August 7, 2000 30] .during this twelve-month moratorium for any work in the Fourth Street Peninsula ROD Redeveloomant Ovenay DJstdat which the City Council believes would not negatively impact the master planning process for the Fourth S~'eet Peninsula, upon a showing of good cause by the person, firm or corporation. Section 2. This Ordinance snail take effect upon publication, as provided by Passed approved and adopted this 7th day of August, 2000. Torrance M. Duggan, Mayor At,eat: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 11th day of August, 2000. Jeanne F. Schneider. City Clerk It 8/11 Robbins moved that me requirement that_ a proposed Ordinance ~e considered and voted on for passage aT two Councit Meefings prior to the meeting at which it is to be finally passed be suspended an~ further moved final consideration anc passage of the Ordinance. Seconded ay Markham. Motion carded 6-0 An Ordinance amending the City of Dubuque Code of Ordinances by Repealing Sec. 23-1 Providing for a Board of Heatih: by Repealing Sec. 23- 3 Providing for the Conduct of Appeal by the Board of Health: by amending Sec. 7-75 and 7-81 relating :o Dangerous AnimaIs, presented and read Markham moved that the requirement that a proposed Ordinance be consiaereo and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbfns. Vote on the motion was as follows: Yea,~-Nicholson, Robbins, Duggan, Markham. Nays--Ciine, Michalski. Motion failed due to lack of 3/4 vote. Markham moved that this be considered the first reading of the Ordinance. Seconded by Robbies. Carried by the following vote: Yeas--Nicholson, Robbins, Duggan, Markham. Nays---Ciine, MichaJski. Communication from the Iowa Department of Transportation requesting that the City CounciI implement a one-year moratorium cn development atong U.S. 20 end communications from Gary K. Norby, Attorney for Edward Tschiggfde and Tschiggfde Excavating Company; ThomasW. O'Neill, Menards' inc.: and Wm. J. Maiers, Attorney for Sill and Janet SiegerE regarding the reouest from IDOT for a moratorium along U.S. 20, presented and read. Nicholson moved that the communications be received and filed and instructed the City Manager to obtain specific written information from IA Dept. of Transportation. Seconded by MichalskL Motion carded 6-0. Ed Tschiggfde, Attorney Gary Norby and Attorney Bill Meiers all SpoKe objecting to implementation of a moratorium. City Manager submitting documents providing for expansion of the Eagle Point Water Plant Chlotine Feed Room, presented and read. Michalski movec ~naI Tne~.esmmunication be received and filed. Secondec by Robbins. Motion carried 6-0. RESOLUTION NO. 3754)0 PRELIMINARY APPROVAL '-OF PLANS AND SPECIFICATIONS - Whereas, the proposed plans. specifications and form of contract for Re construction ofs 935 sq. ft. room to the Eagle Point Water Plant at 1902 Hawthorne Street Dubuque, IA in the es~rnated amount of $117,000 dollars have beer prepared by J.W Engineering firm of Dubuque Iowa NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1. The proposed p~ans, specifications and form of contrac~ are approved and ordered filed in the o~ce of the City Cierk for public inspection. Passed, approved and adopted this 7th day of Auguat, 2000. Torrance M. Duggan, Mayor A~est Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Mo+Jon carded 6-0. RESOLUTION NO. 3764)0 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, iowa has given i~ preliminary approval on the proposed plans, specifications, and form Of contract and pieced same on die in the office of the City Clerk for public inspections of the construction ora new Chlorine Feed Room. NOW, THEREFORE, SE iT RESOLVED BY THE CITY COUNCIL 302 Regular Session, August 7, 2000 OF THE CITY OF DUBUQUE. IOWA: That on the 5th day of September. 2000. a cublic headng will be held 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 seecifications, 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 hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall Be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the hearing, any nterasted person may appear and die objections to the proposed plans, seecitications, contract, or estimated cost ortho mpravement. Passed, approved and adopted this 7th day of August. 2000. - Torrance M. Dugga~, Mayor Attest: Jeanne F. Schneider. City Clerk MichalskJ moved adoption of ~ne Resolution. Seconded by .Robbins Motion carried 6-0. RESOLUTION NO. 3774)0 ORDERING BIDS NOW THEREFORE. BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1 Thatthe construction cfa 935 sq. ft. room at me Eagle Point Water Plant located at 1902 Hawthorne Street Dubuque, Iowa is hereby ordered to be advertised for bids for construction. Section 2 That the amount of [ne securffy to accompany each bid shal ee in the amount which shall conform to me provisions of the notice to bidders hereby approved as par[ of the plans and speciflca~ons heretofore adooted Section 3. That the City Clerk is hereby directed to advedJse for bids for the construction ef the improvement hereto provided to ue published in a newspaper having general circulation in the City ef Dubuque, Iowa. which notice shall not De less than four days nor more than ~vemy oays pdor to the receipt of said bids at 2:00 p.m. on the 22nd day of August, 2000. Bids shall ce oeened and read by the C~ Clerk at said time and will be submitted to the Council for tinal action at 6:30 P.m. on the 5th day of Sepremeer 2000. Passed approvea and adc oted this 7th day of August, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved aooption of the Resolution. Seconded by Robb[ns. Motion carded 64). City Manager submitting documents providing for the reconstruction of Salina Street, eresented anc teac. Markham moved that the communication be received and tiled Seconded Dy Rebbins. Motion carded RESOLUTION NO. 3784)0 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, specific~ons, form of contract and estimated cost for the Salina Street Reconstruction¢ Project, in the estimated amount of $611,375.77, are hereby approved and ordered fled n the office of the City Clerk for puelm inspection. Passec aoopted and approved this 7th day of August. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoptio~ ef the Resolution. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 3794)0 FIXING DATE OF HEARING ON PLANS AND SPEC F CAT ONS Whereas. the C~ Council of the Cit~ of Dubuque, iowa nas given ts 3ralJminary approva~ on the proposed 2[ans specifications and form of contract and o[aced same on file in the office of the City Clerk for 3ublic inspection of [ne Salina Street Reconstruction Project. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE C-PC OF DUBUQUE. OWA: That on the 5th day of Seotember 2000, a public hearing will ce held at 6:30 p.m_ in the Public Library Audtorum at wh ch time nterested persons may appear and be heard for or against the proposed plans and seeciflcations, form of contract and cast of said improvemenT, and the C~ Clerk De ant is hereby d~rected m such heanng to be pubhshed n a newspaper having general circulation in the City of Dubuoue. iowa, which ~otJce shatt be not less than four days ~or more than twenty days pdor to the Requ[ar Session, August 7i 2000 303 day fixed for its considerafion. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 64). RESOLUTION NO. 3804)0 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form o?_ contract. estimated cost and preliminary plat and schedule showirfg the amount proposed to be assessed against each let and the vaicatien Of each let a~'~led by the City C~-dhcil, for the Saline~ Street Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the C~ Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the C~ Clerk. That the cost and expense of making such improvement will be assessed papally or totally against privately owned properly 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 per, on of the cost which shall be borne by the City wiII be paid from the Road Use Tex Fund, and special assessment bonds may be issued in anticipation of deferred payments cf assessments when a con~act has been performed and accepted; and the proceeds thereof used to pay the contractor. The above resolu~on was introduced, approved and ordered placed on file with the City Cferk this 7th day of August, 2000. Approved and placed on file for final action. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adop~on of the Resolution. Seconded by Robbins. Motion carried 64). RESOLUTION NO. 3814)0 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, iowa, has given its preliminary approval on the proposed plans, specifications end form of contract and pieced same on file in the offica of the City Clerk for public inspection, for the Salica Street Recodstruction Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the C~ Clerk's offibe fo~,¢ public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 5th day of September, 2000, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which t~me the owners cf property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement~ the boundaries of the district, the cost, the assessment against any tot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be )ublished once each week for t~vo consecutive weeks, the first pubiicatica of which shall be not Iess than ten days prior to the day fixed for its consideration. Unless property owners st the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 7th day of August, 2000. 30/4 Regular Session, August 7, 2000 Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Markham moved adoption of the Reseiu~on. Seconded by Robbins. Motion carried RESOLUTION NO. 382-00 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the attached sheets, 1 to ~ nclusive, are hereby determined to be the schedule of proposed assessments for ~e Salina Street Reconstruction Project and the valuations set out herein are hereby aporoved. Passec. approveo and adopted this 7th day of August 2000_ ¢ Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoptior of the :~eeolution. Seconded oy Robbins_ Vlotion carried 6-0. RESOLUTION NO. 383-00 ORDERING BIDS NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE iOWA: Section 1. That the Salina Street Reconstruction Project is hereby ordered to be adve~sed for bids for construction. BE iT FURTHER RESOLVED. that the amount of security to accompany each bid shall be in an amount which shall conform to the provisions 0f the notice te biddem hereby approved as a pair of the plans ano specifications heretofore adopted. That the C~ Clerk is hereby directed to advedJse for bids for the construction of the ~mprovement herein provided to De published in a newspaper having general circulation ir the City of Dubuque, iowa, which notice shall nor be tess than four days nor more that forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 7th day cf September, 2000. Bids shall be opened and read ay the City Clerk at said time and will be submitted to me Council for final action at 6:30 p.m. or the 18th day cf September. 2000. Passed, approved ano adopted this 7th day cf August, 2000. Terranca M. Duggan, Mayor Attests Jeanne F. Schneider City Clerk Markham moved adoption of the Resolution. Seconded Dy Robbins Motion carried 6-0. City Manager submitting documents providing for construction of the Bennett Street Storm Sewer Extension Project, presented and read. Michalski moved that the communica~on De received and filed. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 384-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE= iOWA: That the proposed p~ans. soecifications, form of contract ano estimatec cost for the Bennett Street Storm Sewer Extension Project, in the estimated amount of $34,941.83, are hereby approved and ordered filed ~n me office of the C~ Clerk for public inspection Passed, adopted and approved thf~ 7th day of August, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Michalsk[ moved adaptor of the Resolution. Seconded oy Robbins. Motion carried 6-0. RESOLUTION NO. 385-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas. the C~ Council of the City of Dubuque. iowa has given its preliminary approval on the proposeo p~ans, soecificadons, and form of contract and placed same on file in me office of [ne City Clerk for public inspection of the Bennett Street Storm Sewer Extension NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 5th day of September. 2000, a public hearing will be held at 6:30 a.m. ~n me Public Library Auditorium az which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contrac[ and cost of said improvement, and the City Clerk be and is hereby directed [o cause a notice of ama and pIaca of such hearing to be publishec in a newspaper having genera~ circulation n the Cffy of Dubuque, Iowa, which notice shall be not less than four days nor more ~nan twemy oays prior to the day fixed for its consideration. At the neanng, any mterestec person may appear and fiIe objections to the proposee plans, soecifications Reqular Session~ Aupast 7~ 2000 305 contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski movec adoption of ihs Reec[ution. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 386-00 ORDERING BIDS NOW THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That+he Bennett Street Storm Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security accompany each bid shall be in an amount which shall conform To the provisions of the notice to bidders nere~y approved as a part of+he plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction o'f the improvements hereir, provided, to be published in a ne~paper having general circulation iN the City of Dubuque, Iowa. which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 24th day of August, 2000. Bids shall be opened and reed by +he City Clerk at said time and will be subm~ed [o the Council for tinat action at 6:30 o.m. on the 5+h day of September, 2000. Passed, adopted and approved this 7+h day of August 2000. Terrence M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Rcbbins. Motion carded 6-0. City Manager submitting documents providing for Removal of the Discovery Center Parking Lot, presented and read. Markham moved +hat the communication be received and filed. Seconded by Nicholecn. Motion carded 6-0. RESOLUTION NO. 387-80 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 Parking Lot Pavement Removal for Mississippi River Discovery Center, in the estimated amount of $27,885.00. are hereby approved and ordered tiled ~n tne office of me C~ Clerk for oubiic inspection. Passed adopted and approved this 7th day of August, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Reeclufion. Secondec by Nichoison. Motion carded 6-0. RESOLUTION NO. 388-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the C~ Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of cantrect and placed same on file i~ the office of tl~e City Clerk for uubJic inspecfion-of +he Parking Lot Pavement Removal for Mississlpp~ River Discovery Center. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE IOWA: That on the 5th day of September, 2000, a public headn_c w~ll be held au 6:30 p.m. in the ~ublic Library Auditorium a[ which fime interested persona may appear and be heard for or against the proposea plans ano specifications form of contract ano cost of said imorovement, and the City Clerk be ara is hereby dJractec to cause a notice of time aha ~lece of such headng to be published in a newspaper having general circulation in the City of Dubuque, iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the heating, any interested person may appear and file objections to the proposed plans, specifications, contract, or e~mated cost of the improvement. Passed, adopted and approved this 7th day of August, 2000. Terranca M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolufion. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 389-00 ORDERING BIDS NOW THEREFORE, BE IT 306 Regular Session, August 7, 2000 RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, OW,A: That the Parking LOT Pavement Removal for Mississippi River Discovery Center is hereby ordered to be advertised for bids for construction. BE R F-dRTHER RESOLVED that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed m adverties for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulafion in the C~ of Dubuque~ iowa. which notice shell not be less than four days nor more than forty-five days odor me receipt of said bids at 2:00 p.m. on the 24th day of August. 2000. Bios shall ~e opened aha read by the City Clerk at said time and will be submitted To the Council for final action at 6:30 a.m. on the 5th day of September, 2000. Passed, adopted aha aoDrovea this 7th day of Auguat, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. SchneMer City Clerk Markham moved aaoption of the Resolution. Seconded by ~icholson. Motion carried City Manager recommending that a public hearing be set for September 18 2000 to consider the designation of the "Garfield Place" as an Urban Revitalization area; and further recommending approval of a Housing Trust Fund Award for construction of a single room occuoancy facility on Garfield Avenue presented and read. Michalski movea that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 390-00 A RESOLUTION: 1) FINDING THAT THE DESIGNATION OF "GARFIELD PLACE" AS AN URBAN REVITALIZATION AREA IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY; 2) DETERMINING THAT SAID AREA MEETS THE EUGIBILITY REQUIREMENTS OF SECTION 404.1 OF THE CODE OF IOWA; 3) ACKNOWLEDGING A PROPOSED PLAN FOR THE GARFIELD PLACE AREA; 4) PROVIDING FOR A PUBLIC HEARING AND PUBLISHED NOTICE; AND 5) WAIVING NOTIFICATION OF OCCUPANTS BY ORDINARY MAIL. Whereas. Ray Davis the owner of the property located at 511 Garfieid Avenue and Scott and Dawn Potter, proposed future owners, propose To redevelop the property at 511 Garfield Avenue through construction of a singie room occupancy facility; ano Whereas, the City of Dubuque has been asked [o assist in such redevelopmenz by designating the property as an uroan revitalization area which wou~e allow for property tax exemptions: and Whereas Chapter 404 of the Code of iowa the Urban Revitalization Act. requires that the City Council adopt a Resolution finding tna~ the rehabiiitatio n conservation redevelopment, and/or economic development of the area is necessary in the interest of the oublic health safety or welfare of the residents of the City ana that the area meem the eligibility criteria of the Act, and further that the City must prepare a propeseo plan for the designated revf[alization area ano schedule and holc a public hearing on said revitalizalJon p~an; ano Whereas. the area proposed for designation unoer the Urban Revitalization Act is an economic development area appropriate for housing and residential developmem as defined by Section 403.17 of the iowa Code: and NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA. THAT: 1. That the rehabilitation conservation or redevelopment of the hereinafter described area is found To be necessary in [he in~eres~ of the public health, safety and welfare of the residents of the City, to wit: Lot 1 of Lot 1 of Lot 3 of the subdivision of mineral lot 113A in the City of Dubuque, commonly known as 511 Garfield Avenue. Dubuque, IA, 52001. 2. That the "Garfield Place" Urban Revitalization Area as proposed. mee~s ~ne eligibility criteria of Cha~er 404.1 ofthe Code of Iowa 1999. 3. That a proposed p~an for the "Garfield Piace" Urban Revitalization Area attached hereto, shall be a matter of recore and shalf De available for public inspection in the office of the City Clerk at City Hail, 13~ and Central Reqular Session, AugUst 7; 2000 307 Dubuque, iowa. 4. That a public headng shall be held by the City Council on said plan on September 18, 2000. 5. That official notice of the pendency of said plan and the public hearing shall be a true copy of this resolution, but without attachments referred to therein. 6. That the City Clerk is hereby authorized and directed to secure publication of said official notice. 7. That the City Council does hereby determine that as there are currendy no occuaanus within the proposed ares that the requirement for no.cation by ordinaw mail be waived as aermitted by Sedan 404.2, (3) of the Code of Iowa 1999. Passed, approved and adopted this 7th dayofAugust, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk M~ch~lsld moved adoption of the Resolution and set Public Headng for 9-18-00 ar 6:30 P.M. in the Public -- Council Members Library Aud~odum and that the CH Attes!;: - Clerk publish nodce in the manner .pre,sc,dbed by raw. Seconded by I~icnolson. Motion carded_6-0. //~fty Clerk Public Inaut: Rhodes (Bud) lsenhart ~ spoke regarding TIF funding. Approved ,2000 Ad o Pt e d~?~---~'¢ ~/~ ,2000 At 8:47 P,M. Markham moved to go into Closed Session re: Purchase of Real Estate Iowa Code §21.5(1)0) and Pending Litigation [iowa Code §2t.5(1)(c). Seconded by Nicholson. Motion carded 6-0. At 9:52 CounciJ reconvened Regular Session stating that staff had oeen g~ven proper direction. There being no further business Rabbies moved to adjourn. Seconded by Markham. Motion carded 6-0. The meeting adjourned at 9:53 P.M. Is/Jeanne F. Schneider City Clerk 308 Special Session, August 14, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Counci Special Session August 14, 2000 Council met in special session at 5:30 p.m. in Conference Room B at City Hail Present: Mayor Duggan, .Counci Members Cl[ne Michaiski. Nicha[son. Robbins,~City'Madager Michael Van Milligen, Corporation Cour~sei Barry LindahL Absent: Council Members Buol. Markham Mayer Duggan read ,the call and stated this is a special seesior of the City Council called for tne pu{pose of going nto closed session ~n accordance with Chapter 21.5.1(c) Pending Litigation, of the Code of iowa. At 5:34 p.m., Robbins moved [o go into Closed Session in accordance with Approved~/'2~~, 2000 × ,2ooo Counci Members Chapter 21.5(1)(c, Pending Litiga=on, At[es~- , to discuss strategy with counsel in '-~_' matters that are presently in litigation. Seconded by Nicholsen. Motion carried /'~'~ Clerk At 6:12 p.m., Council raconveneo soecial session vath s~[emen~ that staffhad been given direction. There being no further business NJcholsor moved [o adjourn. Seconded by Robbins. Motion carried 5-0. The meeting adjournee at 6:13 p.m. Is~ Jeanne F. Schneider City Cterk Special Session, Au,qugt 17; 2000 309 DUBUQUE CITY COUNCIL OFFIC~L PROCEEDINGS ,2000 City Counc~, Special Session, August 17, 2000 Council met in special session at 6:45 p.m. in the Sprague Room at the Holiday Inn Five Flags. Present: Mayor Duggan (6:55), Council Members Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen Absent: Council Member Buol Mayor Pro-Tern Nicholsor read the call and stated this is a special session of the City Counc~ called fbr the purpose of considering the transfer of a liquor license. Robbins moved [o approve the Dubuaue Jaycee's request to transfer their Class 'B' Beer Permit to.6th and Town Clock Plaza. * Seconded by Council Members Markham Motion~arrfed 6-0. I Attest:/ Robbiee moved to adjourn Seconded by Markham. Motion carned 6-0. The meeting adjourned at 7:03 p.m. /s/Jeanne F. Schneider City Clerk 3;t0 Regular Session, August 21, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS August 21, 2000. City Council Special Session followed Dy Regular Session. At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library. At 5:30 P.M. Council convened for the meeting, Public Library Auditorium Present: Mayor Duggan. Council Members BuoL Cl[ne, Markham Michalski Nicholson Robbins City Manager Michael Van Milligen Corporati~Counset Barry LindahL Mayor 'Duggan read the cai and stated this is a special session of the City Council called for the purpose cf discussing the ice Harbor Master Plan Discussion ensued. At 6:30 P.M. Council convened the Regular Session. Mayor Duggan read me call and stated this is the regular session of the City and stated this is the regular session of the City Council called for the purpose of acting upon such business which may propedy come before the City Council. Invocation was g~ven by Reverend Mol Hootan Pastor. Grandview Heights Baptist Church Proclamations: Enhancing End-of- Life Care Month (September 2000) received by Sue Wilford: Ride to River Day (August 26, 2000) received by Gary Frederick. Minuted: Community Develoement Advisory Commission of 6/20: Environmental Stewardshio Advisory Commissior of 8/1: Histodc Preservatior Commission of 7/20; Housing Code Appeals Board of 7/25; 'nvestment Oversight Commission of 8/10: Long Range Planning Commission of 7119' Park and Recreation Commission of 818; Zoning Advisory Commission of 8/2. oresented and read. Buol moved thatthe minutes be received and filed. Seconded by Markham. Motion carded 7-0 Printed Officiat Council Proceedings for June 2000. presented and read. Buol moved that the proceedings De approved as pdntad. Seconded Dy Markharr Motion carriedT-0. Proof of Publication of Council Proceedings for meeting of July 17. 2000 presented and read. Buot moved that the proof be received and filed. Seconded by Markham Motion carded 7-0. Finance Director Kenneth J. TeKippe submitting financial report for July, 2000, presented and read. Buol moved that the report be received and filed. Seconded by Markham Motion carded 7-0. Quarterly repor~ from the Convention and Visitors Bureau and Substance Abuse Services Center. presented and read. Buol moved that the report be received and filed. Seconded ny Markham. Motion carried 7-0. Notices of Claims and Suits: Mary Harkey ]n the estimated amoun[ of $1.210.50 for personal injuries: Tracy Pioees in undetermined amoun[ for vehicle damage; Michele Schreiber in undetermined amount for vehicle damage; Greg Swartz in estimated amount of $127.20 for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and repo~. Seconded by Markham_ Motion camed 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Dy changing the reference in Sections 10- 23, 10-24, and 10-38 from "Doc,k Division Manager' to "City Manager, said Ordinance having been presented and read a[ the Council Meeting of 8/7100 now presented for further action. Buol moved that this be the second reading of the Ordinance. Seconded by Markham. Motion carried 7-0. Commudication from Karma J. Wanamaker advising ma~ she w~ll not Be applying for reappointment To [he commission presort[ed and teac. Buol movee ma~ the communication be received ane filed. Secondec Dy Markham. Motion carded 7-0. Reqular Session~ August 21 ~ 2000 311 Communication from Donald H. Kelliher regarding a traffic safety problem in the area of the Dubuque Golf and Country Club, presented and read. Busi moved that the communication be referred to the City Manager. Seconded by Markham. Motion carried 7-0. Communication of Jon Romaine, Executive Director of Area Residential Care, Inc., requesting the City to vacate a parcel of land adjacent to property at 2455 Kerper Boulevard, presented and read. Buol moved that the communication be referred to the City Manager. Seconded by Markham. Motion carded 7-0. Communication of Donna Smith, Dubuque County Board of Supervisors, regarding duplicate street names within cities or in the unincorporated area of the County, presented and read. Busi moved that the communication be referred to 'the City Man,Car. Seoondgd~ by Markh~am. Motion carded 7-0. Communication of Gene Fangman, Chief of the Asbury Police Department and Chair of the Dubuque Public Safety Communications Center Committee expressing concern about the duplisalJon of City street and County road names, presented and read. Buel moved that the communication be referred to the City Manager. Seconded by Markham. Motion carded 7-0. Communication ef Katie Ssile, Chairperson cf the Stonehill Aduti Center Advisory Committee, requesting a letter of support for the proposed renovation and expansion of Stonehil] Adult Center's adult day care program, presented and read. Buol moved that the communication be referred to the City Manager. Seconded by Markham. Motion carried 7-0. City Manager submitting letter of support for expansion of Stonehill Adult CenteCs adult day care program, presented and read. Buo[ moved that the communication be received and filed and approved letter of support. Seconded by Markham. Motion carried 7-0. Communication of Ruth Nosh urging Council adoption of the Historic Preservation Task Force proposal, presented and read. Busi moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication of Chad Sampson expressing his appreciation for the opportunity to work as an intern for the Dubuque Human Rights Department, :resented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication from the Visiting Nurse Association regarding recent changes, presented and read. moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. Communication of Zoning Advisory Commission advising of their approval of Plat of Survey for Lot 1 of Lightning Ridge as requested by-Dan Conlan, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0~ RESOLUTION NO. 391-00 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1 OF LIGHTNING RIDGE iN DUBUQUE COUNTY, iOWA Whereas, there has been flied with the City Clerk the plat cf survey Let 1 of Lighthing Ridge in Dubuque County; and Whereas, said ptat provides 0 feet of frontage for Lot 1, where 80 feet is required by Section 42-19 (b) of the Subdivision Regulations; and Whereas, said plat has been examined by the Zaning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto, NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the CH Council hereby waives A~cle IV, Design and Improvement Standards of the SubdMsion Regulations, except for Section 42-19, Blocks and Lots~ Section 2. That Section 42-19 (b) of the Subdivision Regulations is waived to aIIow Lot 1 to have g feet cf frontage, where 80 feet is required, due to the pfa~ing of a 30-feat access easement to Lot 1. Section 3. That the plat of Survey Lot 1 of Lightning Ridge is here by 312 Regular Session, August 21, 2000 approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed. approved and adopted this 21st day of August, 2000~ Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk ACCEPTANCE OF RESOLUTION NO. 391-00 We , Daniel J. and Barbara A. Conlan. the undersigned, having reaa the terms ant condcions of [ne Resolufion No. 391-00 and being familiar with the condcions [hereof hereby accept this same and agree to the conditions required therein. Dated this 30th day of August, 2000. By/s/Daniel J. Conlan By/s/Barbara A_ Conlan Buol moved adoption of tne resolution. Seconded Dy Markham. Motion carded 7-0. Communication of Zoning Advisory Commission advising of their approval of Plat of Survey of Lot 1, Lot 2. and Lot 3 ef Harbor View Place as requested by the City of Dubuque, eresented and read. Buol moved th[t the communication be received and filed. Seconded by Markham. Mofion carded 7-0. RESOLUTION NO. 392-00 RESOLUTION APPROVING THE PLAT OF SURVEY LOT 1, LOT 2 AND LOT 3 OF HARBOR VIEW PLACE IN THE CITY OF DUBUQUE, IOWA Whereas there nas been filed with [he C~ Clerk the Plat of Survey Lot 1. Lot 2 and Lot 3 of Harbor View Place in the City of Dubuque. Iowa: anu Whereas, said elat of survey erovides 21 feet of frontage for Lot 1 and 13.25 feet of frontage for Lot 3 where 60 feet is required by Sec[on 42-19(b) of the Subdivision Regulations; and Whereas said plat of survey has been reviewed by the Zoning Advisory Commission its approval enoorseo thereon, and Whereas. said plat of survey ~es been examined by the City Council eno they find that it conforms to the statutes and ordinances rela*Jng to it NOW THEREFORE, BE '- RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. iOWA: Section 1. That Section 42-19~b) of the Subdivision Regulations is waived to allow LOt I to have 21 feet of frontage and Lot 3 to have 13.25 feet of frontage where 60 feet of frontage is required. Section 2. That the slat of survey Lot 1. Lot 2 and Lot 3 of Harbor View Place Is hereby approvea and the Mayor and City Clerk are hereby authorized and directed to endorse the approva~ of the C~ of Dubuque, Iowa upon said plat of survey. Passed, approved and adopted this 21st day of August 2000. Torrance M. Duggan, Mayor At, est: Jeanne F. Schneider. City Clerk Buol movea aaop*Jon of the resolu~on. Seconded by Markham. , Modon carried 7-0. Communication of Zoning Advisory Commission advising of their approva. of the Final Plat of Lots 1.2, ~ B C, and D of Maple Leaf Addition No. 3. presenzeo ano read. Buol moved adoption of me resolution. Seconded by Markham. Motien carded 7-0 RESOLUTION NO. 393-00 RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1, 2, A, B, C, AND D OF MAPLE LEAF ADDITION NO. 3 IN THE CiTY OF DUBUQUE. IOWA. Whereas there bas been filed with the City Clerk a final plat of Lots 1, 2 A, B, C, and D of Maple Leaf Addition No. 3 . in the City of Dubuque, lewa~ and Whereas, said plat provides 0 feet of frontage for Lots 2, A, B, C, and D and less tha~ 6.000 square feet of tot area for Lots 2, A, [3 and C where 60 feet and 6,000 eeuare feet is reauired resoectively, ey Secdon 42-19(b) of the Subdivision Regulations: and Whereas. said final plat nas been examined by the City Zoning Advisory Commissio~ and had its approva~ enoorsee meraon and Whereas. said final slat has been examined by the City Counitiit and the City Council finds that me same ordinances relating thereto NOW THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Sec~on 1. That Section 42-19(b) of the Subdivision Regula~ons is waivea to allow Lots 2. A. B. C and D to have 0 feet of frontage, wnere 60 feet of frontage is required ena to aiiow Lots 2, A, [3 and C to nave tess than 6.000 sauare feet of Iot area. Section 2. Thatthe final oiat of Lots 1, 2, A B. C and D of Maple Leaf Addition No. 3 is hereby approved and Reqular Session, August 21~ 20~)0 313 the Mayor and City Clerk are hereby authorized and directed te endorse the approval of the City of Dubuque upon said final plat. Passed, approved and adopted this 21 st day of August, 2000. Terranca, M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Communication of Zoning Advisory Commission advising that the University of Dubuque's proposed site plan changes do not represent a significant change to the intent and purpose of the Planned Unit Development section of the Zoning Ordinance, presented and,read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Communication of 'C4ty Manager recommending approval of a 180 day extension fo~ security bonding for Jaeger Heights Subdivision No. 2; '- presented and read. Buo} moved that the communication be received and flied. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 394-00 A RESOLUTION RESCINDING RESOLUTION NO. 103-00 AND RE. AFFIRMING THE FINAL PLAT OF LOTS 1 THRU 4 OF BLOCK 4, LOTS I AND 2 OF BLOCK 5, AND LOTS 1 THRU 3 OF BLOCK 6 OF JAEGER HEIGHTS SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of Lots 1 thru 4 of Block 4, Lots I and 2 of Block 5 and Lots 1 thru 3 of Block 6 of Jaeger Heights SubdMsion No. 2 fn the City of Dubuque, Iowa; and Whereas, upon said final plat appears, streets to be known as Jaeger Drive and Bianca Drive (Lot A), together with certain public util~ and sanitary sewer and storm sewer easements which the owners by said final plat have dedicated to the public forever; and Whereae~ the preliminary plat has been examined by the Zoning Advisof'y Commission and had its approvai endorsed thereon; and Whereas, said tinat plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 3 belo~ and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, excapt that no streets or public utilities have yet been constructed or instaJted; and Whereas, the City Council concurs in the conditions of approval established by the Zoning Commission and the City Planner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW~ Sectien 1. That Resolution No. 103- 00 is hereby rescinded. Section 2. That the dedication ef Jaeger Ddva and Bianca Drive (Lot A) together with the easements for pubiic utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 3~ That the final plat of Lots I thru 4 of Block--4, Lots 1 and 2 of Block 5, and Lots 1 thru 3 of Block 6 of Jaeger Heights Subdivision No. 2, is hereby reaffirmed and the Mayor and City Clerk are hereby authorized and directed to endorse the reaffirmation of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their wr~en acceptance hereto attached agreeing: a. To reduce Jaeger Drive and Bianca Drive to grade and to cansttuct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb; all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To instaII sanitaD' sewer mains and sewer service lateraIs into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices ail in accordance with the City of Dubuque standard specifications, all in a manner acceptable te the C~ Engineer, and in accordance with construction improvement plans approved by the City Ehgineer, and inspected by the City Engineer. C. Te construct said improvements ' prior to ~vo (2) years from the date of acceptance of this r_solufion,¢ at the 314 Regular Session, August 21, 2000 sole expense of the owoers, or future To maintain the public improvements for a pedod of ~wo (2) years from the date of acceptance of those improvements by the City of Dubuque, iowa, at the sole expense of the owners or future owners. And fuC-~her provided that said Lloyd S. Gudeckauf, as owner of said propers/, shall secure the performance of the foregoing conditions provided in this SeclJon by providing guarantees in such form and with such surettas as may be acceptable to the City Manager of the City of Dubuque, iowa. Section 4. Sidewalk instal[aria n shall be the responsibil~ of the owner abu~eg the public rights-of-way, including Lots with multiple frontages, as required by C~ Code 41-161 through 4%164 The rssponsibQity shall extend to ell successors, heirs and assigc~ees.- Sidewalk ~rrst~tation will not be required until the development of me lot nas oeen camp~ated, except as required herein_ in sparsely developed subdMsiens. sidewalks on beveloaed Lets will not be required un~150% of the Lots apprevec by the plat have been developed. Cd[ vacant Lots shell have sidewalks installed uoon devalopmec[ of 80% of the Lets approved by the plat Section 5. Thatthe final acceptance of all public improvements shall occur upon cer~catiee of the City Engineer that eli public im~ovements have been cemplated in accordance with the ~mprovement plane and City standard specifications. Section 6. That in the event Uoyd S. Gudenkauf shall fail to execute the acceptance and furnish the guarantess provided ia Section 3 hereof w:thin 180 days after the date of this Resolution, the previsions hereof sha~ be nell and voic and the acceptance of the dedication and approval the elat shall not be effective. Passed, approved and adopted this 21at day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk ACCEPTANCE OF RESOLUTION NO. 394-00 I. the undersigned, Lloyd S. Gudenkauf. hamng read theterms and conditions of the Rsselution No. 394- 00. and being familiar with tee conditions thereof, hereb., accept required therein, Dated this day of 2000, By: Lloyd S. Gudenkauf NOT SIGNED AS OF OCTOBER 2000. Buol moved adootion of the -sselLr~on. Seconded by Markham. ~otion carded 7-0. Communication of City Manager recommending approval of the acquisition of property at 1650 Manson Road which s necessary for the Manson Road Bddge Replacement project, presented and read. Buol moved that the communicatior be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 395-00 RESOLUTION AUTHOPJZING THE ACQUISITION OF PROPERTY AT 1650 MANSON ROAD Whereas the propers/ at 1650 Manecn Road, legally described as the Lot T-2-1-1-1-1;1-1-2-1-4 of M~neral Lot 501. in the C~ of Dubuque, iowa's needed for the relocation aec reconstruction of the Manson Roac Bddge; and Wherea-. the C~y and the propers' owner, John H. Gordon, have agreed to apurchase pdca of 684,000, n expenses allowable under federei relocation assistance and Whereas, the City Council concum with the purchase of said real estate. NOW. THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1 That the City Council has determined that it is in the interest of the City to acquire the property at 1650 Manson Road [egaiiy described as Lot 1-2-1-1-1-1-1-1-2-1~, of Mineral Lot 501 for the purpose of the relocation and reconstruction of Masson Road Bddge. Section 2. That the attached plan is hereby determined to be the prepare/ acquisition plan for me bridge reconstruction and the realignment of the bddge approaches. Passed. adopted and approved this 21st day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Buol move(] ecopdon of the resolution. Seconded by Markham Motion carded 7-0. Communication of City Manager recommenelng approval of me acquisition of rea~ estate at 3425 Pennsylvania Avenue, presented ana read. 3ual moved that the Reqular Session, August 21, 2000 315 communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 396-00 RESOLUTION AUTHORIZING THE ACQUISrrloN OF PROPERTY AT 3425 PENNSYLVANIA AVENUE Whereas. [he propert7 at 3425 Pennsylvania Avenue, legally described as the East 80 Feet of the West 130 Feet of Lot 2 of Lot 2 of the South East 114 of the South East 1/4 of Section 21, Township 89 North, Range 2 East of the 5"' P.M., in the C~bJ of Dubuque, iowa, is subject to periodic flooding; and Whereas, the Federal Emergency Management Administration (FEMA) has agreed to fund the purchase of the properly in the amount of $112,728.00 as a flood mitigation project` provided that the building is removed from the taco plain: and Whereas. the City Counci~ concurs with the purchase of said real estate- and agrees to the terms and conditions of the offer to buy real estate attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ~he attached Vctun~ary Acquisition Program for Flood-damaged Residence Offer to Buy Rea; Estate and Acceptance be approved. Section 2. That the Mayor be authorized and directed to execute the real estate agreement on behaff of toe City Council. Passed, adopted aha approved this 21st day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Bual moved adoptior of the resolution. Secondeo by Markham. Motion carded 7-0. Communication of City Manager recommending that the Southwest Artedal Environment~ Assessment Contract with WHKS & Company be terminated, presented and read. MichaiskJ moved that the communication be received and flied. Seconded by Nicholson. Carried by the following vote: Yeas---Buol, Cline, Duggan, Markham, Nichoison, Robbins. Nays--Michalsk[. RESOLUTION NO. 397-00 RESOLUTION AUTHORIZING C]TY MANAGER TO EXECUTE AN AGREEMENT WITH THE IOWA DEPARTMENT OF t TRANSPORTATION TERMINATING THE CURRENT CONTRACT AGREEMENT BETWEEN THE CITY OF DUBUQUE, THE iOWA DEPARTMENT OF TRANSPORTATION, AND WHKS & COMPANY FOR THE SOUTHWEST ARTERIAL ENVIRONMENTAL ASSESSMENT Whereas, the City of Dubuque, the Iowa Depa¢~cant of Transportation, and WHKS & Company entered in[o an agreement dated October 17, 1966, for WHKS & Company to perform an uodate of the Environmental Assessment for the Soumwest Arterial; anc Whereas the City of Dubuaue approved of the terms and conditions of said agreement and authorized and directed the Mayor [o execu[e the agreement on behalf of the City Council; and Whereas, the Iowa Department of Transportation is now requesting [hat the City ahd the Iowa Department of Transportation, pursuant to Section 10. Part C of the agreement, terminate the current contract with WHKS & Company without fault on me para-of the consultant; and Whereas. the C~ of Dubuque approves of the termination of me October 17. 1996 agreement_ NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1_ That the agreement between the C~ of Dubuque. the Depa~men[ of Transportation, aRq WHKS & Company to upda~ the Environmental Assessment for the Southwest Arterial be terminated under the terms of Section 10. Part C of the AGREEMENT FOR CONSULTING SERVICES signed October 17. 1996 by the Iowa Depattment of Transportation. It shall be understood that this termination is without fault the consultant. Section 2_ That the Mayor be authorized and directed to execute two copies of the agreement to terminate the contract and forward the copies to the iowa Department cf Transportation for their approval Passed, adopted and approved this 21st day of August, 2000. Terren? M. Duggan, Mayor Attest: Jeanne F. schneider, City Clerk Michalski moved adoption of the J Resolution. Seconded by Nichotson. Carried by the following vote: 316 Regular Session, August 21, 2000 Yeas--Buo.. Cline, Duggan, Markham, Nicholson. Robbins. Nays--Michaiski. Communication of City Manager recommending approval of an amendment to the Fiscal Year 2001 Annual Action Plan presented and read. Bust moved that the comm~nicatiec be received and flied. Seconded by Markham. Motion carded 7-9. RESOLUTION NO. 398-00 RESOLUTION APPROVING AN AMENDMENT TO THE FISCAL YEAR 2001 (PROGRAM YEAR 2000) ANNUAL ACTION PLAN FOR COMMUNITY DFVELOPMENT BLOCK GRANT FUNDS, Whereas, the City of Dubuque has prepared and filed w~h the U.S. Department of Housing and Urban Development an Annual Acfioe P[an for Fiscal Year 2001 (Program Year 2000); aec Whereas the City now de. res [o amend said Annual Plan to recognize receipt of additional income and [o allecata funds as per the attached Exhibit A: and Whereas said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approveo by resolution of the City Council after a pubiic headng by the Community Deveiopmen[ Advisory Commission and Whereas, the City advertised a public comment pedod beginning June 23. 2000; and Whereas me Community Development Advisory Commission reviewed ti~e proposed amendment at a public hearing on August 15, 2000. and has voted m approve said amenoment and to recommend approval by the City Council. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1 That the amendment to the Fiscal Year 2001 (Program Year 2000) Annual Action Plan for the Community Development Block Grant Program hereto attacheo as Exhibit A is hereby approveo Section 2. That the City Manager is hereby authorized and d~rected ;o submit a copy of ~his rssoiufion to the U. S. Department of Housing aha Urban Development. Passed. approved and adopted this 21s' day of August, 2000~ Torrance M. Duggan, Mayor Jeanne F. Schneider. City Clerk Buo movec adoption of me resol~on. Seconded oy Markham. Motion carded 7-0. Communicatio~ of City Manager recommending release of real estate mortgage for property located at 185 Main Street presented and read Buol moved [na[ the commun~catio~ be received and filed Seconded by Markham. Motion carded 7-0; RESOLUTION NO. 399-00 A RESOLUTION APPROVING THE RELEASE OF REAL ESTATE MORTGAGE FOR PROPERTY LOCATED AT 185 MAIN STREET Whereas, the C?ty of Dubuque. towa provided a Downtown Rehabilitation Loan to Duaine H. Greenfield and Jane M. Greenfield on July 22, 1998 for the rehabilitation of properly Iocatad at 190 Main Street: and Whereas Duaine H. Graenfiek~ anc Jane M Greenfield executac mor~gagss dated July 23, 1998 for 185 Main as per Instrument No_ 11555-98 and for 190 Main as per Instrument No. 11554-98 as security for the Downtown Rehabilitation Loan; and Whereas, Duaine H. Greenfield and Jane M. Greenfield have asked ~e City ~o release me mcr[gage on 185 Main and transfer their entire liability to me mortgage of 190 Main. Whereas the Release of Reel Estate Mortgage, hereto attached and By this reference made a part hereof sets forth the terms aha conditions of the release. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIl_ OF THE CITY OF DUBUQUE. IOWA: Sect]on 1. That the Release of Real Estate Mortgage for 185 Main is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, iowa, the attachec Release of Real Estate Mortgage. :assed. approved and aoopted this 21~ da~( of August. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider. City CIerk Euol moved adop~on of the resolution. Seconded by Markham. Motion carried 7-0 Communication of City Manage~ recommending acceptance of the Skate Park Equipmen~ Construction Project in the final contract amount of $98.500. presented aec read Suot Regular Session, August 21~ 2000 317 moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 400-00 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Skate Park Equipment Construction Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract~ plans and specifications and recommends its acceptance. NOW THEREFORE; BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thstthe 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 Fiscal Year 2000 apprapfiations in the amount of $98,500 in General Funds, in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 21st day of August, 2000. Terraece M. Duggan, Mayor A~sst: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 401-00 FINAL ESTIMATE WHEREAS, the contract for the Skate Park Equipment Constru~on Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspe~on and all misceilanecus costs; NOW, THEREFORE, BE IT RESOLVED, bythe City Council City of Dubuque; Iowa: Section 1. That the cost of said improvement is hereby determined to be $98,500 and the said amount shall be paid from the Fiscal Year 2000 General Fund appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this 21st day of August, 2000. Torrance M. Duggan, Mayor A~est Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Communication of City Manager recommending approval of a contract with the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevenfion Program and an agreement with VNA for related services, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 402-00 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH AND AN AGREEMENT WITH THE · DUBUQUE VISITING NURSE ASSOCIATION. Whereas, the City of Dubuque has established such a local childhood lead poisoning prevention program; and Whereas, the Iowa Dedartm~nt of Public Hssith has offered to provide I financial suppor~ for activities relating to the local-childhood lead poisoning prevention program in the City of Dubuque; and Whereas, the City of Dubuque will ~rovide environmental and medical case management of identified lead ~oianned children in addition to community outreach and education on the .problem of childhood lead poisonmg. Whereas, the City of Dubuque must }rovide'medica[ case management for all lead poisoned children in the city, and provide community outreach and education; and Whereas, the City of Dubuque will enter into an agreement with the Dubuque VisilJng Nurse Association to ~rovide medical case management of lead poisoned children and conduct community outreach and education for the citizens of Dubuque. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. That the City of Dubuque, Iowa hereby approves the attached contract between the iowa Department of Public Health and the City of Dubuque, Iowa. Section 2. That the attached Memorandum of Understanding by and between the City of Dubuque, Iowa and the Dubuque Vising Nurse Association is hereby approved. Section 3. Thst the City Manager or his designee is hereby authoriZed end I directad to execute said contract and agreement on behalf of the City of 318 Regular Session, August 21, 2000 Dubuoue, Iowa. Passed approved and adopted this 21st day of August, 2000. Terranca M. Duggan, Mayor Attest:_ Jeanne F. Schneider. City Clerk Buo] moved adootion of the resolution Seconded by Markham. Motion carded 7-0. Communication of City Manager submitting an update on the status of ice Iowa Utilities Board consideration of the changes to the 319 area code. presented and read. Buol moved that zne communication be received aha filed. Seconded by Markham. Motion carded 7-0. Communicatbn of (Y~ Manager recommending changes to the C~'s authorized depository institutions. arasented aha read. Buo[ moved that the communication be received anc flied. Seconded by Markham_. Motion carried 7-0. RESOLUTION NO. 403-00 RESOLUTION NAMING DEPOSITORIES RESOLVED. that the City Council of the City of Dubuque, Iowa in Dubuque County, Iowa, approves the fol[ow~ng list of financial instJ~ufions [o be aepcsitodes of the City ef Dubuque, iowa funds in conformance with ail applicable provisions of IOWa Code Chapter 453.2. The City Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amounts not to exceea the maximum approvea for each respective financial [nstitutioF as set ou"~ below. Depository Name t ocafion of Home Office Maximum Balance Amedcan Trust & Savings Bank Dubuque. Iowa $40.000.000 Dubuque Bank & Trust Company Dubuque, Iowa $40.000,000 Fimtar Bank N.A. Miiwaukes. Wisconsin $10.000.000 Dupaco Community Credit Union Dubuque iowa $10,000,000 Premier Bank Dubuoue Iowa $10.000.000 East Dubuque Savings Bank East Dubuque. Illinois $10.000.000 CERTIFICATION. hereby certify that the foregoing is a true and correct copy cf a resolution of the City Council of Dubuque. IOWa aoonted at a meeting of said public body, duly cai[ed one hem on the 21st day of August, 2000 a quorurr being present, as sale resolution remains a record in the minutes of said meeting and it is now in full force and effect. Dated this 21st day of August_ 2000. Terranca M. Duggan, Mayor At, est: Jeanne F. Schneider, City Clerk Buol moved aooption of the resolution. Seconded oy Markham. Motion carried 7-0. Communication of City Manager recommending that certain ass~gnated agents of the City be authorized [o execute checks on behalf of the C~ ~o pay workers compensation expenses presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 404-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED AGENTS OF THE CITY OF DUBUQUE LIMITED AUTHOPJZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE. IOWA Wherea~, the City of Dubuque deposits certain funds for specific use in local commercia~ banking institutions ana Whereas the commercial boning institutions require authorization by the City Council for City employees and omers to sfgn checks and drafts drawr on such banking institutions: and Whereas, the City Council ~ss determined that agents of the City of Dubuque who may sign checks and drafts drawn on a designated account on behalf of the City of Dubuque are the SISCO authorized check signers for checks issued for the City of Dubuaue Workers Comcensation Account crown on account number 309141 at American Trust and Savings Bank in Dubuque. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: That the SISCO authorized check signers are hereby granted ability to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Workers Compensation Account arawn on accoun~ number 309141 at American Trus~ ane Sa~/Ings Bank in Dubuque. Passed. approved ana aaoDted this 21st day of Augus[ 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider Cr[y Cierk Buol moved aaopticn of me resoldtion Seconded By Markham. Motion carded 7-0. Communication of City Manager Reqular Session, Au.qust 21, 2000. 319 recommending approval of an application for a Fiscal Year 2000 L~w Enforcement Block Grant from the Department of Justice, presented and read_ Buoi moved that the communication be received and tiled and approved recommendation. Seconded by Markham. Motion carded 7-0. Communication of C~6' Manager submitting a letter of support for the Universf[y of Dubuque's Student Service Program, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carded 7-0~ Communication of City Manager recommending an addendum to the contract with Vedi Associates for expenses incurred for redesign and rebid of the Third Street Parking Ramp, presented and read. Buol moved the[ the communication be receivec~ and~ tiled and approved recommendaflon~ Seconded by Markham. Motion carded 7-0. Communic~on of City Manager recommending an agreement with the Iowa Emergency Management Division and the Federal Emergency Management Agency to prepare a Hazard Mitigation Plan for the City, presented and read. Buol moved that the communication be received and flied. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 405-00 Whereas, the City of Dubuque would like to develop a Hazard Mitigation Plan and desires to obtain a Planning Grant from the Federal Emergency Management Agency (FEMA); and Whereas, The City of Dubuque desires to designate the East Central Intergovernmenta] Association (ECIA) as its aathodzed representative for the planning grant. THEREFORE, BE IT RESOLVED, the City of Dubuque :designates and authorizes the East Central Intergovernmental Association, specifically, Mark Schneider, Program Supervisor and Darwin Polk, Project Manager to execute on behalf of the City of Dubuque, the Hazard Mitigation Planning Project Grant and fl~e the application and related documents with the iowa Emergency Management Division (]EMD) for purpose of obtaining Federal financial assistance. Pesesd~ approved and adopted this 21st day of August, 2000 by the City Council of the City of Dubuque. Terranca M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION ftC. 406.00 RESOLUTION GUARANTEEING LOCAL MATCH FOR HAZARD MITIGATION PLANNING GRANT Whereas, the City of Dubuque would {iketo develop a Hazard Mitigation Plan and desires to obtain a Planning Grant from the Federal Emergency Management Agency (FEMA); and Whereas, the City of Dubuque recognizes the fact that a planning grent from FEMA is a 75% federaV25% non-federal matching source. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWAc Se~on 1. The City of Dubuque shall form an agreement with the iowa Emergency Management Division (IEMD) and FEMA as to the date that said 25% shall be available to be used as match the federel funds awarded and agrees to provide $1,250,000 of loca[ monies to be used as matching funds for the approved planning grant as outlined in the grant application. Of this amount, only one half may be provided from in-kind contributions. Passed, approved and adopted this 21at day of August, 2000. Terrance M. Duggan, Mayor At, est Jeanne F: Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carded 7-0. Communication of City Manager recommending that the C~ enter into a contract ~/ith QED Consulting of Lakeside Park, Kentucky for an analysis of the economic impact the America's River Project, as required for the Vision Iowa grant application, presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried Communication of City Manager recommending an amendment to the Development Agreement with Platinum Holdings, LLC (formerly Platinum Hospitality Group, LLC) to reflect the name changes and other minor modifications, presented and read. Buol moved that the communication be 320 Regular Session, August 21, 2000 received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 407-00 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND PLATINUM HOLDINGS, LLC. Whereas, this Council, on June 19, 200g approved aha au[hofized execution of a Development Agreement with Platinum Hospitality Group, LLC [the Farmer Developer); and Whereas, the pa~es now aesire to amend the Develoement Agreement as set forth in the attached Amen(~ed and Restated Development Agreement so as to. among other things, provide for a name change of Developer, modification ct cea. ale language related to an environmental no- action letter, references to tee convention center and clarification of the Minimum Assessment Agreement tax years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 'OWA: Section 1. That the attached Amended and Restated Develoement Agreement by and between the C~bJ of Dubuque. Iowa and Platinum Holdings, LLC is in the public interest of the citizens of the City of Dubuque and in furtherance of the Ice Harbor Urban Renewal Plan, and is hereby approved. Section 2. That the Mayer is hereby authorized and directed to execute said Amended and Restated Development Agreement on behalf of the C~bj and the City Clerk s authorized and directed to attest to his signature. Passed, approved and adopted this 21st day of August, 2000. Terrance M. Duggan, Mayor Attest Jeanne F- Schneider. City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion camed 7-0. Communication from the County Board of Supervisors expressing their dissatisfaction over recent legislation relating to the Local apron Sates Tax and aommunic~on of C~ Manager submitting a reply ts the County Board of Suoervisors stating that the City cf Dubuque opposes the legislation relating ts the Local Option Sales Tax oresented and raao. Buol moved that the communications be received and filed. Seconded by Markham~ Motion carded 7-0. Communication of the City Manager I~o the Iowa Department of Transportation regarding the Southwest Arterial Moratadum, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 4084)0 NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUEUQUE, [OW,~ That me following having complied with the provie~ons of law rela~ng to the sale of Cigarettes within the City of Dubuque, Iowa. be granted a permit to sell Cigarettes and Cigarette Papers within said City. 1 RENEWAL One Flight Up One Flight Up Inc. 44-4~] Main St Passed, approved and adopted this .2_1at day of August, Terrance M. Duggen. Mayor Attest: Jeanne F. Schneider City Clerk Buol moved at,option of the [esolution. Seconded by Markham. Motion carried 7~0. RESOLUTION NO, 4094)0 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have Dean examined and approved; and Whereas, the premises [o be occupied by such applicants were inspected and found to comply with me Ordinances of this City and have filed proper bonds. NOW, ~'HEREFORB BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: That me Manager be authorized to cause to be issued the following named aaalicants a Beer Permit. CLASS "C" BEER PERMIT Oky Doky# 21LLC Oky Doky #21+ (Sunday Sa[e) 2010 Kerper BNd Sid's Beverage Sid's Beverage-* (Sunday Sale) 2727 Dodge St Iowa Oil Company IOCO Speede Shoppe+(Sunday Sale) 2335 University Ave Iowa Oil Company I IOCO Seeede Shoppe+(Sunday Sale) 1998 JacKson St ! Oky Doky ¢f-8 Oky Doky# 6+fSunday Sale) 1256 Iowa St CLASS "B"fWB~ WINE Oky Poky ¢~ 6 Oky Doky Ct-8 1258 Iowa St Sid's Beverage Sid's Beverage 2727 Dodge St Reqular Session, August 21, 2000 321 Passed, approved and adopted this 21st day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F~ Schneider, City Clerk Buo[ moved adoption of the resolution. Seconded by Markham. Motion carded 7-0: RESOLUTION NO. 410-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants ware inspected and found to complywith the State Laws and all City Ordinances relevant thereto and they have l~ied proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Mat~ager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "(C) COMMERCIAL BEER/LIQUOR LICENSE Clarke College Clarke College+ (Sunday Sale) 1550 Clarke Dr Famolo of Iowa, Inc Los Aztecas Mexican Restr.+(Sunday Sale) 2700 Dodge St CLASS "E" LIQUOR Eagle Food Centers, lnc Eagle Food Center #130+(Sunday Sale) 1800 Elm St Passed, approved and adopted this 21st day of August 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the resolUtion. Seconded by Markham. Motion carded 7-0. BOARDS/COMMISSiONS: Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: AIRPORT COMMISSION: R. J. Blocker, Ted Goodmann, Dan Hedeman, NancyAnn Helling. No one spoke. TV CABLE TELEPROGRAMMING COMMISSION: Jennifer Tiggss. No one spoke. Appointments to the following Boards/Commissions: HOUSING COMMISSION: Dorothy Culbertson, Jim Holz, Dan Teply. Michalski moved to reappoint Dorothy Culbertson and Jim Hotz and appoint Dan Teply to three year terms expidng August 17, 2003. Seconded by Rebbins. Motion carded 7-0. L!BRARY BOARD OF TRUSTEES: Sue Undsay. Mayor appointed Sue Lindsay to the unexpired term which will expire on July 1, 2003. Markham moved to concur with the Mayor's appointment. Seconded by Michalsk[ Motion carded 7-0. LONG RANGE PLANNING ADVISORY : COMMISSION: Chds Curfman. Markham moved that Chris Cur[man be appointed to the unexpired term which will expire on July 1¢ 2002. Seconded by Robbins. Motion carried Buol moved that the rules be suspended to alloW anyone present to address the Council. Seconded by Robbins. Modon carried 7-0. Request of Juli~ Harry to consider rezoning property located at 3251 Roosevelt Street fibre R-1 Single Family Residential Distdct to CS Commercial Service and Wholesale District, and proof of publication on Notice of Public Hearing to amend the Zoning Ordinance, presented and read. Julie Harry spoke in favor of the rezoning. Wait Pregter, Sr. Cathy Lynch, John Dolan, Diane Beau, Shirley Heacock, Ken Kaiser, Albert Doland, and Lowell Davis spoke in opposition to the rezoning. Nicholson moved to receive and file the communications and concur with the denial of the Zoning Advisory Commission. Seconded by Buol. Motion carded 7-0. Buol moved to reinstate the rule limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. Request of Doug Brotherton, Chairman of the Airport Commission, to address the Council on current Airport issues. Mr. Bratherton addressed the Council. Request of Ed Tschiggfde to address the Council regarding the West End Commercial Subdivision Final Plat, presented and read. Michalski moved that this matter be referred to the Ci~/ Manager. Seconded by Nichotscn. Motion carried %0. Mr. Tschi~gfde spoke concerning the storm water drainage ordinance. Communication of Thomas W. 322 Regular Session, August 21, 2000 Q'Nell Menard, inc., requesting (1)that this item be set for a oublki hearing ar September 5, 20{30, (2) that Ccuncii suggest access alternatives: eno (3) that Council allow City staff to part[diDdle in determining access as well Communication of William J. Majors. on behalf of Mr. and Mrs. William A. Siegerg reque~ng that Menard's' application for plat approval be tabled. Michalski moved to receive and file the communication eno that a public hearing be set for 9~5~00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law.' Seconded by Dual Motion carried 7-0. Communication of City Manager recommending an amendment to the Chamber of Commerce Development Agreement, presented and read. Dual moved that.the communication be received andflled. Seconded by Clkqe. Motion carried 7-0. RESOLUTION NO. 411-00 A"RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND AMONG THE CiTY OF DUBUQUE, HARBOR ViEW DEVELOPMENT, LLC AND THE DUBUQUE AREA CHAMBER OF COMMERCE. Whereas. this Council by Resolution No. 670-99 dated December 20. 1999 approved and authorized execution of a Development Agreement witf' the Dubuque Area Chamber of Commerce (the Former Developer); and Whereas. the parties now desire to amend the Development Agreement as sez forth in the attached Amended and Restated Development Agreement so as lc, among other things, orovide for a New Developer, an Employer, reimbursement to New Developer for a public pedestrian access eno an Whereas Iowa Code Chapter 403 (the "Urban Renewal LAW') and Chapter 15A authorize cities to provide infrastructure for rehabilitation and reconstruction of blighteo areas and furfheranca of the objectives of an appropriate such funds and make such expenditures as may De necessary to Cheaters. and To levy [axes and assessments for such purposes: and Whereas. me Council has determined that the Development Agreement, as so amended eno restate~ is in the best interests of the City and the residents thereof and that the performance by the City of ts obiiga~ona mereunder ~s a pub~ki undertaking and purpose and in furtherance of the Urban Renewal Plan and the Urban Renewal Law and further, that the Development Agreement. as so amended eno restated, and. the. City's performance thereunder ~s m furtherance of appropriate economic development activYdes and objectives of the within the meaning of Cheaters 403 and 15A of the Iowa Code taking accoudt the factors set forth therein. NOW. THEREFORE BE IT RESOLVED BY THE CITY COUNC _ OF THE CITY OF DUBUQUE IOWA: Section 1. That the performance by the City of its obligations under me Developmen[ Agreement, as so amended by me Amended and Restated Development Agreement, including but not limited to making of grant to the Developer in connection with the development of Development Property under the terms set forth in me Development Agreement, as so amended eno restated oe and is hereby declared to be a oublic undertaking and purpose and in furtherance of the Urban Renewal Plan and the Urban Renewal LaW and. further, that the Develoomem Agreement, as so amended and restated, and the City's performance thereunder is m furtherance of appropriate economic developmem actJvitJas and objectives of me City within the meaning of Chapters 403 and 15A of the Iowa Code. taking into account the factors set forth therein. Section 2. That the attached Amended and Restated Develoomem Agreement oy and among ~ne City of Dubuque, Iowa. Harbor View Development. LLC ~the New Developer) anc [ne Dubuque Area Chamber of Commerce (the Employer is in the public interest of the citizens of the City cf,Dubuque and in furtherance of the City s Urban Renewa Plan. and is hereby approved. Section 3. That the Mayor is hereby authorized and directed to execute said Amended ano Restated Devetopmem Agreement on oehaff of the City and [ne City Clerk is author~ed directed to attest to his signature. Passed, approved and adooted th~s 21 st day of Au gust, 2000. Reqular Session, August 21, 2000 32_3 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buct moved adoCdon of the Resolution. Seconded by Cline. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 364 Long Range Planning Advisory Commission Created; Compos~on, by suspending the membership on the Commission of a member of the Zoning Advisory Commission unfil September 1, 2001, said Ordinance having been presented and read at the Council meeting of 8/7100 now presented for further action. Buol moved thatthis be the second reading of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yees--~line, Duggan, Markham., Nicholson. Robbins. Nays--Budi, Michalski. 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 far the Conduct of Appeal by the Board of Health; by amending Sec. 7-75 and 7-81 reladng to Dangerous Animals. said Ordinance having aeon eresented and read at the Council Meeting cf 8/7/00 now presented for further action. Markham moved that this be the second reading of the Ordinance. Seconded by Robbins. Carried by the fctlowing rate: Yeas--Buol, Duggan, Markham. Nichoison Robbins. Nays---Clin e, Michalski. Request of Mayor Tomy Duggan to discuss allowing the citizens of Dubuque to vote on the issue of opening or closing the Town Clock P~aza and communic~on of Corpora~o~ Counsel submitting an opinion to the Mayor and City Council that Coundfi can submit issue to voters and communication of Coraoration Counsel regarding 'eferendum ordinance. Markham moved that the communications be received and flied and that the issue be out to a vote on the nex~ general etecfion. November 7, 2000. Seconded by Robbins. Vote on the motion was as follows: Yeas---Robbins Duggan, Markham. Nays~Nicholson, Buol Cline. Michalski. Motion failed. Corporation Counsel Barry Lindahl submitting an ordinance amending the Code of Ordinances to remove the durational limitations for political signs and an Ordinance Amending the City of Dubuque Code of Ordinances Section 4-3.5(c) of Appendix A (the Zoning Ordinance) regulating political signs by deleting the durational ]imitations for such signs, presented and read. Nicholson moved that this matter be referred to the Zoning Advisory Comm. Seconded by Buol. Motion carried 7-0. Communication of City Manager recommending that an application be subm~ed to the State Histodc Preservation Office for a Cerdfied Local Government grant to develop design guidelines for the Cites five historic districts, presented and rosa. Buol moveo that the communication oe received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 4124)0 RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR CERTIFIED LOCAL GOVERNMENT FUNDING TO DEVELOP DESIGN REVIEW GUIDELINES FOR THE CITY'S HISTORIC DISTRICTS Whereas the State H{atofica! Society of Jaws has announced the avaiiabi[tiy of Certified LocaJ Government (CLG) Grant Program funds; and Whereas, the development of Design Review Guidelines is an eligible activity for CLG funding; and Whereas, the State Historical Society of owa has advised that Design Review Guidelines are necessary for the renewal of Memorandum of Agreement between the State and City for the purposes cf conducing local Secfior 108 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed the hiring of a consultant to develop design guidelines for the C~b/s Historic Districts. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: Secfion 1. That the submission of an aoolication for CerIfiied Local Government (CLG~ Program funds to prepare Design Review Guidelines is hereby approved. Section 2. That ~ne Mayor is authorized aha directed to si;n ant submit said application to the State -~istodcal Society of iowa. Section 3. That the City Manager is authorized m utilize Community Regular Session, August 21, 2000 Development Block Grant funds to provide the reauired local match should the application be approved by the State Historical Society of Iowa Section 4. That the City of Dubuque agrees to abide by all local, sm~e. and federal requirements applicable to the Cdr'dried Local Government Grant Program. Passed, approved and adopted this 21st day of August, 2000. Torrance M Duggan, Mayor Attest: Jeanne F Schneider City Clerk Buol moved adoption of the resolution. Seconded uy Nichblson. Motion carried 7-0. Communication sf City Manager submitting the proposed training and implementation schedule for converting [oa papedess City Council agenda, presented and read. Nichblson moved [nat the communication-be received and tiled. Seconded by Robblne. Motion carded 7-0. Council Member Repor~: Council Member Nichblson stated qe had consensus of four Counci~ Members that the agreement with Durrant Group for preparation of a Conceptual Design of Main Street be placed on the 9/5/00 City Council agenda and gave direction to staff. City Manager submitting documents providing for construction of the Sutton Pool Water Playground, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson Motion carded 6-0. Michatski absent during RESOLUTION NO. 4134)0 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That me proposed plans, specifications, form Of contrast and estimated cost for the Sutton Pool Water Playground Construction Project, in me estimated amount of $242,500, are hereby approved an(] ordered filed ir the o~ce of the City Clerk for Public inspection. Passed. approved and adopted th~s 21st day of August, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Robbins movec adoption of the resolution. Seconded Dy Nicholsen. Motion carded 6-0. Michalski abseht during vote. RESOLUTION NO. 4144)0 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS. the City Council of the City of Dubuque, Iowa has given rcs preliminary approval on the proposec o~ans, specifications and form of contract and placed same on file in the office of the C~ Clerk for public inspection of the Sutton Pool Water Playground Construction Project NOW. THEREFORE BE IT RESOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA. that on the 2nd day of October, 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 direstec To cause a notice of time and place of such headng to be published in a newspaper having general circulation in the C~ of Dubuoue. ~owa. which notice shall be not less [nan four days nor more man twenty days pdor to the day fixed for its consideration. At [he hearing, any interested person may appear and file objections to me proposed plans, specifications, contract, or estimated cost of the imorovement Passed, approved and aoooted this 21st day of August, 2000. Torrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moveo adootion of [ne resolution. Seconded by Nichblson. Motion carded 6-0. Michalski absent dudng vote. RESOLUTION NO. 415-00 ORDERING BIDS BE IT RESOLVED BY THE COUNCfL OF THE CITY OF DUBUQUE IOWA: That the Sutton Pool Water Playground Construction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED that me amount of the security ro accompany eocn bid shat be in an amount which shai conform to me previsions of the notice To b~dders hereey approved as e part of the p]ans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of ~ne improvements herein ~rovided. Regular Session, August 21~ 2000 to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall net be [ess than four days nor more than t~venty days prior to the receipt of said bids at 2:00 p.m. on the 21st day of September, 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 2nd day of October, 2000. Passed, approved and adopted this 21 st day of August, 2000. Torrance M. Duggan, Mayor Attest:. Jeanne F. Schneider, City Clerk Robbins moved adoption of the rssoiution. Seconded by Nicholson. Motion carried 6-0. MichalsM absent during voze. At 8:13 p.m. Buol moved to go into Closed Session regarding Purchase of - Real Estate (Iowa Code §21.5(1)0) and Pending Litigation (Iowa Code §21.5(1)(c). Seconded by Markham. Motion carried 60. Michalski absent during vote. At 8:34 o.m. Council reconvened regular Session sta~dng tha~ staff had been given proper direction. There being no further business, Ctine moved to adjourn. Seconded by MichalskL Mc'don carried 7-0. The meeting adjourned at 8:35 p.m. /s/Jeanne F. Schneider City Clerk Approved: October 16, 2000 Adopted: October 16, 2000 John H. Markham, Mayor Pro-Tem Ann E. Michalski Joseph T. Robbins Roy D. Buol Dan Nicholson Patricia A. Cline Council Members Attest: Jeanne F. Schneider, City Clerk CounciI Members Attest ~..'~'~ Clerk 325 326 Special Session, August 28, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 28, 2000 Council met in special session at 4:10 P.M. at Four Mounds Present: Mayor Duggan, Council Members Buol, Cline, Markham, MichalskJ, Robbins, City Manager Michael Van Milligen. Council Member Nicholson arrived at 4:45 P.M. Mayor Duggan read me call and stated this is a special session of the City Council cailed for the purpose of holding a goal setting sesston The City Council 'eviewed the previous year's accomplishments and began to develop the goals and priorities for the nex~ eighteen months m two years. There being no further business upon consensus meeting adjourned at 9:05 P.M. /s/Jeanne F. Schneider City Clerk Approved: October 16, 2000 Adopted: October 16, 2000 John H. Markham, Mayor Pro-Tem Ann E. Michalski Joseph T. Robbins Roy D. Buol Dan Nicholson Patricia A. Cline Council Members Attest: Jeanne F. Schneider, City Clerk Council Members Special Sess on Auqust 29, 2000 327~ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, August 29, 2000 Council met in special session at 4:10 P.M. at Four Mounds Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, C~ Manager Michael Van Milligen. Mayor Duggan read the call and stated this is a special session 'of the City Council called for the purpose of holding a goal se~ng session. The City Council discussed their strategic plan for 2000-2Q06 and their goals and priorities for the nex~ eighteen months. There being no further business, upon motion rne~ng adjourned at 7:30 /s/Jeanne F. Schneider City Clerk Approved: October 16, 2000 Adopted: October 16, 2000 John H. Markham, Mayor Pro-Tem Ann E. Michalski Joseph T. Robbins Roy D. Buol Dan Nicholson Patricia A. Cline Council Members Attest: Jeanne F. Schneider, City Clerk Council Members Attest~ ?~ Clerk