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2000 October Council ProceedingsRegular Sess on, October 2, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, October 2~ 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tern Markham, Council Members Buol, Cline, Michalski, Nicholson, Robbins, City Manager Michael Van Miliigen, Corporation Counssl Barn/Lindahl. Absent Mayor Duggan. Mayor Pro-Tem Markham read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the Council Invocation was given by Alan Garfield, Member of Temple Beth-El~ PROCLAMATIONS: White Cane Safety Day (October 15, 2000) received by Darwin Reeber. Minutes Submitted: Airport Commission of 9/15; Civil Sen/ice Commission of 8/31; Five Flags Commission of 9/18; Housing Commission of 9/12; Park and Recreation Commission of 9/12, presented and read. Buo[ moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 6-0. Pdnted Council Proceedings for July, 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Nicholson. Motion carried 6-0. Proofs of publication for the Community Development Block Grant Program, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carded 6-0. Notice of Claims/Suits: Sue Bussan in undetermined amount for personal injuries; Jay Cottrell in undetermined amount for vehicle damage; Klauer Development Company in estimated amount of $770.62 for vehicle damage; Dolores M. Kotz in estimated amount of $131.00 for property damage, presented and read. Buol moved that the claims and suts be referred to the Legal staff for investigation and report. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel advising the following slaims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Gall Cording for personal injuries; James Kearney for property damage, presented and read. Buol moved that the communications be received and filed and concurred with the recommendations. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending settlement for reimbursement expenses for the sewer backup claim of Jan Troy in the amount of $331.36 and direcfing the Finance Director to issue payment, presented and read. Buol move~i that the communication be received and filed and approved the recommendation of settlement. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending denial of the property damage claim of Robert Papenthein, presented and read. Buel moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending that the vehicle damage claim of Dan Bukowski be referred to Project Concernl presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Secbnded by Nicholson. Motion carried 6-0. Citizen Communicationsi Communications of students at Hoover School questioning why the City closed the swimming pools in August, presented and read. Michalski moved that the communications be referred to the City Manager and requested that the petifions be looked at seriously. Seconded by Cline. Motion carried 6-0. Gar~etd Place Urban Revitalization Area: An Ordinance Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area ~ursuant to Chapter 404 of the Code of 365 Regular Session, October 2, 2000 Iowa. removed from the Agenda. Request to Rezone Properly at 2699 Rockdale Road: An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter desedbed property located at 2699 Rockdale Road from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, said Ordinance having been presented and read au the 9-18-00 Council meeting, now .3resented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 75-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2699 ROCKDALE ROAD FROM 1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBC RHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Appendix A (the Zoning Ordinance~ of the City of Dubuque Code of Ordinances s hereby amended by reclassifying the hereinafter described oroperty from Neighborhood Commercial District ro C-2 Neighborhood Shopping Center District to wit: _ct I of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot i of Annie Wa let's Subdivision No. 2. and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3 This ordinance shall take effect immediately upon publication, as provided by aw. Passed approved and adopted this 2nd day of October. 2000 John H. Markham Mayor Pro-Tern Attest:Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 9th day of October, 2000. Jeanne F. Schneider, City Clerk It 10/9 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counci, Meetings prior to the meeting at which it is to be finaliy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholsen. Motion carried 6-0. Proposed Development Moratorium in the Southwest Arterial Corfidon Communication from William J. Maiers representing Mr. and Mrs. William A. Siegert, requesting that the issue of a proposed development moratorium in the Southwest Artedal Corndor, be set for a public headng prior to any final decision: Communication from City Manager recommending that the request to enact a moratorium along the proposed Southwest Arterial Corridor at Highway 20 be referred to the Zoning Advisory Commission. presented and read. Buol moved that th s be referred to the Zoning Advisory Commission Seconded by Nicholson. Motion carried 6-0. Northwest Arterial: Communication of William J Maiers, representing the City of Sageville, regarding jurisdiction of the Northwest Arterial; Communication of Richard E. Kautz. Iowa Depa~zment of Transportation, [o William J. Maiers regarding the proposed transfer of jurisdiction of the Northwest Artedal to local governmental agencies; Communicatior of William J. Majors to Richard E. Kautz, Iowa Deoartment of Transportation, on the proposea transfer of .urisdiction. presented and reaa. Buo moved that the communications be received and filed Seconded by Nicholson. Motion carried 6-0. Notice of Expiration of Right of Redemption: Notices of Expiration of Right of Redemption on two parcels of property from Eric Stierman. Dubuque County Treasurer, presented and read. Buo moved that the communications Be received and flied. Seconded by Nicholson. Motion carried 6-0 owa Department of Economic Development: Communication from Alan E. Oollet, Iowa Department of Economic Development, amending the City's HOME Investment Partnership Program Master Contract and Funding Agreement by revising the completion date and extending the performance period to December 31, 2000, presented and read. Buol moved that Reqular Session, October 2, 2000 366 [ne communication be received and filed. Seconded by Nbhobon. Motion carried 6-0. City of Asbury Voluntary Annexation: City Develc sment Board advising that they will be considering the City of Asbury's voluntary annexation at their meeting on Octobe- I2, 2000 presented and 'ead Buol moved that the communication be received and flied Seconded by Nichobon. Motior carried 6-0. Montcrest Street: City Manager advising that work nas begun on resun~acing Montcrest Street in resoonse to a citizen oetition, presented and read. Buo[ moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Manson Road - Acceptance of Warranty Deed: City Manager recommending acceptance of the warranty deed for a tight-of-way purchase on Manson Road, presented and read. Duel moved that the communication be received and filed. Seconded by Nicholson. Motion darned 6-0. RESOLUTION NO. 465-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM JOHN H. GORDON WHEREAS the City of Dubuque entered into an Agreement with John n. Gordon for the purchase of the following described rea] property 'n Dubu due County, iowa: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot I of Lot 4 of Mineral Lot 501 in the City of Dubuque, Iowa, according to Alex Anderson's Mac of the Mineral Lots of Julie~ Township and Vicinity and the 'ecorded plats thereof, subject to easements of record AND WHEREAS, the terms of the Agreement have now been met. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA.. AS FC -LOWS: 1. The City of Dubuque hereby accepts ti~e Deed from John H. Gordon. a copy of which is attached 2. The City Clerk is hereby authorized and directed to record this ResoIution witt' the Dubuque County Passed. approved and adopted this 2~° day of October, 2000. John H Markham. Mayor Pro-Tern Attest: Jeanne F. Scnneider. City Clerk Buol moved adoption of the Resolution Secondeo oy Nicholson. Motion carried 6-0. Pennsylvania Avenue - Acceptance of Warranty Deed: City Manager recommending acceptance of the warranty deed for a buy-out of flood- damaged property on Pennsylvania Avenue. presented and read. Buoi moved that the communication be received and filed. Seconded by Nicholson. Mo'don carried 6-0. RESOLUTION NO. 466-00 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON PENNSYLVANIA AVENUE TO THE CITY OF DUBUQUE Whereas the City of Dubueue entered into an agreement w~th Cynthia L. Gilligan, John Gilligan and Richard J. Wienen,- pursuant to which Cynthia L. Gilligan, John Gilligan and Richaro J. Wienen agreed to convey the East 80 Feet of the West 130 Feet of Lot 2 of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North. Range 2 East of the 5'" P.M. n the City of Dubuque, Dubuque County, Iowa. Whereas, Cynthia L Gilligan, John Gilligan, and Richard, Wienen have executed a conveyance of said propers/. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1. The City Counci of the City of Dubuque, owa. hereby approves of. accepts and consents to. the Warranty Deed from Cynthia _. Gilligan, John Gilligan, and Richard J. Wienen, copies of which are attached hereto as required by iowa Code Section 569.7 Section 2. The Mayor is hereby authorized and directed to execute and knowledge of behalf of the City of Dubuque any instruments in connection herewith. Passed. approved and aoor)ted this 2nd day of October 2000. John H. Markham Mayor Pro-Tern Attest: Jeanne F. Schneider, Cit~ Clerk Duct moved adoption of the Resolutio- Seconded by Nicholson Motion carried 6-0 Support of ABoiication for Housing Tax Credits for the Iowa inn: City 367 Regular Session, October 2, 2000 Manager recommending approval of a letter supporting the MetroPiains Developmen[ applicanon [o the owa Finance Authority for housing tax credits for the Iowa Inr Project, presenmd and read. Buol moved that the communication be received and filed and approve le~er of SUPPOrt, Seconded by Nicholson. Motion carded 6-0. Human Rights - Housing and Urban Renewal Grant City Manager advising that the Human Rights Department has received a HUD grant in the amount of $45,400, which will be subject to a future budget amenament, presented ane teac. Buol moved that the communication be received and tiled. Seconded by ',licholson. Motion carried 6-0. Project Concern Reoues[ for Additional Funds: City Manager recommending that a request from Project Concern for additional funding in the amount of $9,859.53 be approved. ~resented and read. moveo that the communication be received and filed and concurred with recommendation. Seconded by Nicholson. Motion carried 6-0. Memorandum of Agreement with the Dubuque County Historical Society: City Manager recommending approval of a Memorandum of Agreement between the City and the Dubuque County Historical Society for the River Discovery Center project presentec and 'ead Buol moved that the communication be received and filed and concurree with recommendation. Secondec by Nicholson. Motior camed 6-0. Supplement No. 46 to the Code of Ordinances: City Manager recommending adoption of Supplement No. 46 [o the Code of Ordinances, presented and read. Buol moveo that the communication be received and filed. Seconded by Nicholson. Mot[ox carried 6-0. RESOLUTION NO, 467-00 ADOPTING SUPPLEMENT NO. 46 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas under date of July 17 1989, the City Council,, pursuant to Ordinance No 34-89 readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted uo to ano including December 19 1988: ana Whereas. since December 1~c. 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been crinted as supplements to the Code of Ordinances: aha Whereas Section 380.8 of the Code of Ordinances provides that supplements bY resolution become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE OWA: Section 1. That Supplement No. 46 of the Code of Ordinances of the City of Dubuque. Iowa. cove-ing Ordinances through Ordinance No. 43-00 enacted through May 15 2000 and prepared by the Sterling Codifiere Inc, Weiser, ID hereto filec in the Office of the City Clerk of the City of Dubuque, iowa be ane is hereby adopted and becomes par~ of the Code of Ordinances of the City of Dubuque, Iowa. Passed approved and adopted this 2nd day of October, 2000. John H. Markham, Mayor Pro-Ten' Attest: Jeanne F. Schneider, City Clerk Buo] moved aaoption of the Resolution Seconded by Nicholson. Motion carded 6-0. Joint Public Notice - U.S. Army Corps of Engineers/IDOT: Notice frorr the U.S. Army Corps of Engineers and the Iowa Department of Transportation of the intent to construct a new four- lane divided roadway along the north side of Dubuque from Jonn F. Kennedy :~oad east to U.S. Highway 52/iowa Highway 3, Dresemed and read. Buo moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 468-00 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same qave ~een examined and approvea; and Whereas the premises to be occupied Oy such applicants were inspected and found to comply with the Ordinances of this City and have flied 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 fo[lowing ~amed applicants a Beer Permit. CLASS "B" BEER PERMIT Regular Session, Oct0b~r ;~, 2000 368 J & P O'Hara, Happy Joe's ice Cream/PtZ:Za+ (Sunday Sale) 855 Century Dr CLASS "C" BEER PERMIT 5 Point Mart Inc. 5 Point Mart +(Sunday Sale) 405 Rhomberg Ave :~ainbo Oil Company '(v~k Stab Food Matt+(Sunday Sale) 2360 Central Ave Passed. approved and adopted this 2nd day of October, 2000. John H. Markham, Mayor Pro-Tern Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0~ RESOLUTION NO. 4694)0 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been e.'<amined and approved; eno Whereas, the premises to be occupied by such applicants were insnected and faund to comply with the State Laws and all City Ordinances relevant thereto and they have filec 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 fcllo~4og namec applicants a Liquor License_ CLASS "C'(COMMERCIAL) BEER/LIQUOR LICENSE Dog Gone Inc. Dog House Lounge+ (Sunday/Outdoor Sale)1646 Asbury Rd Carol Anh Dunlap Carol's Place+ (Sunday Sa[e) 1689 Elm St Richard W. Hirsch Ii Fat Tuesday's+ (Sunday Sale) 1121 University CLASS "C'(SPECIAL) BEERANINE LIQUOR LICENSE Raymond Sanders Sugar Ray s Barbaque 951 Main St CLASS "C'(SPECIAL) BEER/WINE LIQUOR LICENSE- (5-DAY) Aramark Educationa Ser~ce. Lores College Field House 1450 Alta Vista Passed. approved and adopted this 2nd cay of October, 2000. John H Markham Mayor Pro-Tern Attest Jeanne F. Schneider. City Clerk Buoi n~oved adoptio~ of toe Resolubon Seconded by Nicholson Motion carnee 6-0. BOARDS/COMMiSSIONS: Applicants are invited to address the Council to express their desire to serve an tile follo~ng Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: ::)avid B. Czamecki. APPOINTMENTS m [he following Boards/Cc 'omissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION: Bdanna Tully. Vlichalski 'novao that Bdanna TuIiy be appointed to the Youth position for a term that will expire 6-1- 01 Seconded by Robbins. Motion carded 6-0. HOUSING COMMISSION (Section 8 Representative): Jeremy Austin; Joe Hopkins. Communication of Jeremy Austin regarding his appointment aha communication of Carleen Schroeder regarding the appointment of Joe Hopkins. Cline moved to table the appointment anc readvertise. Seconded by Buol Motion carried 6-0. INVESTMENT OVERSIGHT COMMISSION: Applicant: Chades Spielman. Michaiski moved that Charles Spjelman De appointed to fill the unexpired three year Term which will expire 7-1-02. Seconded by Robbins. Motion carried 6-0. Robbins moved to suspend the rules to allow anyone present to address me Council iftheyso desire. Seconded by Nicholson. Motion carried 6-0. 2000 Sidewalk Assessment Project :Center Grove/Cedar Cross Road/Embassy West Drive): Proofs of publication on notice of headng o~ o~ans and specifications and notice to property owners, and City Manager recommending aooroval of the project and an amended schedule of assessments, ~rssenrea and reaa. Michalski moved ~na~ ~ne oroofs De received and filed. Seconded by Cline. Motion carried 6-0. Objections rorne 2000 Sidewalk Assessment ~roject from: Thomas J Hamel: Gary P/ab; Maxine aha Butt Steve: John Van Duyn (Best Western Dubuque Inn); ~ichard Hansel; Merlin and Mary Merfeld: Jim Giesemann' John eno Sally Herdg; Larry eno Roberta Wolff; Gregory A. Bastian and ,John T. DunaKey (Chicago Central end Pacific Rai[roaa); Ken maugen (Olive Garden/: Hughes Court Investment Company; petition containing 12 signatures petition c~ntaining 8 signatures presented and read (This is 100% of propeFo/owners oeJecting to the project.~ MichaIski moved that the 369 Regular Session, October 2, 2000 communications be received and filed. Seconded by Cl[ne. Motion carried 6-0 Dick Hanse~ of Lake Ridge SubdMsion. spoke stating he is 100% in favor of sidewalks, stating they should 3e installed when property is developea. John Herng, 13668 Surrey Lane spoke stating sidewalks are valuable 3ut requested his Embassy West oroperty be removed from the project. Tom Zalaznik spoke for his father objecting to the $18.000 assessment Gary Pfab spoke objecting to the assessment: a resident of 3347 Center Grove spoke ~n opposition. J.A. Graves of 3203 Cedar Lake Dr. spoke n favor of the sidewalk. Jeff Weber 3450 Center Grove Dr spoke in opposition. Maxine Steve. spoke objecting to sidewalks until the property s developed. Steve Kelly of Shinoak Ct. and Paul Duester of Tamarack Ct., citing safety of walkers, spoke in favor of sidewalks. Mark Molc, 150 Cedar Cross Rd.. spoke in opposition. John Tschiggfrie of Cedar Lake Subdivision. spoke in favor of sidewalks. John Van Duyn of the Dubuque mn spoke objecting to the $44.000 assessment, stating a high, dangerous retaining wall would De heeded if sidewalks were mandated. Tom Hammel, 305 Cedar Cross :~d. objected saying sidewalks are not needed now and would be put ~n wnen necessary. Jack Schumacher of Shinoak Ct.. as a petitioner for the sidewalks three years ago, spoke stating they would De happy if there were sidewalks on one side. Carla Carlisle of Sh[noak Ct. spoke in favor of sidewalks. RESOLUTION NO. 470-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30'" day of August, 2000, plans, specifications form of contract and estimated cost were filed with the City Clerk of Dubuque, own for the 2000 Sidewalk Assessment Project - Center Grave/Cedar Cross Road/Embassy West Ddve. Whereas, notice of hearing on plans, specifications, form of contract and estimated cost was published as required by law. XIOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the said olans, specifications form of contract and estimatea cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passec. adopted ano accroved this 2nd day of October 2000. John H. Markham, Mayor Pra-Tem Attest: Jeanne F. Schneider. City Clerk Michalski moved adqption of the Resolution. Seconded By Cline. Motion carried 6-0. RESOL~UTION NO. 471-00 ORDERING BIDS NOW THEREFORE, BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE iOWA: That the 2000 Sidewalk Assessment Project - Center Grove/Cedar Cross Road/Embaesy West Drive is hereby ordered to ae advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shat 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 adopma. That the City Clerk is hereby directed to advertise for oids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall nor be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m on the 24th any of October. 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 o.m. on the November 6. 2000. ~assed, adopted and approved this 2nd day of October 2000. John H. Markham Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 6-0. RESOLUTION NO. 472-00 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE 2000 SIDEWALK ASSESSMENT -- CENTER GROVE ! CEDAR CROSS ROAD/EMBASSY WEST DRIVE Whereas the City Council ~es proposed a Resolution of Neceesity for the 2000 Sidewalk Assessment--Center Grove/Cedar Cross Road/Embassy West Drive has Regular Session, October 2, 2000 37O given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offedng objections have been heard and consideration given to ail 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: Adopted as amended by the Schedule of Assessments attached hereto as Exhibit A, and made a part hereof by reference. All objectionsfiled or made having been duly considered are overruled. Passed, adopted and approved this 2nd day of October, 2000. John H. Markham, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carded 6-0. Michafski moved to amend the Resolution with respect to the adoption of the Resolution of Necessity, and stated that the Embassy West Dr. sidewalk be continued and completed within the year (8/01). Seconded by Buol. Motion carried 6-0. Nicholson moved to remove the Hansel and Hammel property out of the 2000 Program. Seconded by Cline. Motion carried 6-0. Nicholson moved to table the public hearing to 11/6 and to direct Staff to work with property owners to voluntarily share the assessment for construction of walks on the south side of Center Grove and the west side of Cedar Cross Road. Seconded by MichalskL Motion carded 6-0. Conceptual Development Plan - Menard IncL - Tabled at Meeting of 9/5/00: Nicholson moved that this be removed from the table. Seconded by Buol. Motion carried 6-0. Proof of publication on notice of heating to consider rezoning property on U.S. Highway 20 from C-3 General Commercial and CS Commercial Service and Wholesale District ~o PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of a new Menard's Store, and Communication of Thomas W. O'Neil, Menard, Inc:, stating that they have additional information available for the requested rehearing, presented and read. Buol moved that the proof and communication be received and tiled. Seconded by Nicholson. Mo'don carried 6-0. Tom O'Neil, 477 Menard Dr., and Jim Bradley spoke for the proposed Ordinance. Dan CoyleofWHKS&Co. explained the WHKS Study. Mike Hoffmann, River City Stone, spoke in opposition, citing the 10,000 trucks entering and leaving each day. Ed Tschiggffie, as owner of the quarw on the south side of Hwy 20, spoke of not being opposed to the project, but opposed to moving the traffic light and proposed that Menards build a left turn lane with a tripper to turn west, to leave the light, and to approve the zoning with that stipulation. John Riley of Riley's Oldsmobile, spoke stating that a traffic light was turned down for AIdi's a few years ago and stressed studying all alternatives before making changes. Mr. O'Neil of Menard's spoke responding to comments and stated they are open to working with the quarry owners etc. An Ordinance Amending Appendix A (The Zoning Ordinance) o( the City of Dubuque Code of Ordinances by reclassifTing hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial District and CS Commercial Service and Wholesale Distdct to PUD Planned Unit Development Distdct with a PC Planned Commercial District designation and adopting a Conceptual Development Plan; with conditions, for Menard, Inc., presented and read. Buol moved to table the Public Hearing and refer to the Zoning Advisory Commission: Seconded by NichoIson. Motion carried 6-0. Michalski moved that Staff work with Menards, IDOT, and others on this subject. Seconded by Nicholson; Motion carried 6-0. At 9:13 Council recessed; At 9:21 Council reconvened. Tdple J. Land Company Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 2155 Rockdale Road from R-3 Moderate Density Multi-Family Residential Distdct to OS Qffice Service District, presented and read. 371 Regular Session, October 2, 2000 Buol moved that the proof be received and Qled. Seconded by Nicholsen. Motion carded 6-0. Eugene Bird, Chair of ZAC, spoke of mree specific conditions for the rezoning. Al Urbair., of Urbain Architects, spoke requesting Counci override condition of no curb cut on Tower Dr. or drop rezoning request. Jacoueline Herberger, 1560 Tower Dr spoke ~n opposition to the rezoning. Chris Chaney, 2270 Jaeger Dr., spoke for the rezoning reoues~, with the conditions in place. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by -eclassifying hereinafter described sroperty located at 2155 Rockdale Road from R-3 Moderate Density Multi- Family Residential Distdct to OS Office Se~/ice District. with conditions presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2155 ROCKDALE ROAD FROM R- 3 MODERATE DENSITY MULTI- FAMILY DISTRICT TO OS OFFICE SERVICE DISTRICT, WITH CONDITIONS. NOW THEREFORE. BE '- ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Cede of Ordinances is hereby amenoea by rec[assifTing the hereinafter described properly as snown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque Iowa from R-3 Moderate Density Mu[ti-Family District to OS Office Service District. Section 2, The foregoing amendment has neretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Paseea, approved and adopted this 2nd day of October. 2000. ~ohn H. Markham Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 76-00 l, John F. George, represenung Triple J. Land Company. LC.. hawng read the terms and conditions of the foregoing Ordinance No. 76-00 and being familiar with the conditions thereof, hereby accep~ this same and agree to the conditions required therein Dated in Dubuque. Iowa this 2nd day of October, 2000. John F. George Published officially in the Telegraph Herald newspaper this 18th day of October, 2000. Jeanne F. Schneider. City Clerk It 10/18 Buol moved that me requirement tnat a proposea Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting a[ which it is to ee finally passea be suspebded and further moved final consideration and passage of the Ordinance, with the remova~ of the second condition Seconded by Nicho[son. \4otion carried 6-0. Bond Sale to Support Additional Airpor~ T-Hangars: Proof of publication on notice of public hearing and communication of City Manager recommending the issuance of $690,000 for renovation and construction of additional Airport T_ Hangars, presented and read. Robbins move(] that the proof and communicatior be received and filed. Seconded by Cline. Motior carried 6-0 RESOLUTION NO. 473-00 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF .~OT TO EXCEED $690,000 GENERAL OBLIGATION BONDS Whereas, oursuant to ~otice published as required by ]aw this Council has held a public meeting ana hearing upon the proposal to institute proceedings for the issuance of not to exceed $696,000 General Obligation Bonds for the essential corporate purpose of paying costs of construction of improvements at the Dubuque Regional Airport, including those costs associated with the rehabilitation and improvement of existing T-hangar airplane facilities and the construction of new T-hangar airplane facilities ana nas considered the extent of objecbons received from residents or property owners as ro sara proposed issuance of Bonds aha accordingly the following Reqular Session, October 2, 2000 37? action is now considered to be in the best interests of the City and residents thereof: NOW. THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That this Council does hereby institute proceedings and takes addifonal action for the sale and issuance in the manner required by [aw of not to exceed $690,000 General ObligalJon Bonds for the foregoing essential corporate purpose_ Section 2. That th~ Resolution be aha does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expec[s to reimburse with the proceedings of the Bonds, all or a portion of odginal expenditures incurred in connection w~th the above purpose. Section 3. The City Manager is authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such ~o~ce and sale information as may appear appropriate, to publish and distribute the same or, behalf of the City and this Council and othenMse to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to me Council. Passed and approved this 2nd day of October 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved that the communication be received and filed Seconded by Cline Motion carded 6-0 Sutton Pool Water Playground: Proofs of publication on notice of headng on plans and specifications end not'ce to bidders on the receipt of bids for construction of the Sutton Pool Water Playground and City Manager recommending that the one bid received be rejected, presented and read. Robbins moved that the proof and communication be received and flied. Seconded by Michalski. Motion carded 6-0, RESOLUTION NO; 474~00 RESOLUTION RESCINDING RESOLUTION 413-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR SUTTON POOL WATER PLAYGROUND CONSTRUCTION PROJECT WHEREAS, an advertisement for bids for the Sutton Pool Water Playgrounc Construction Pro ecl was published on August 25, 2000; and WHEREAS, the C~ Counci~ deemed it advisable re reject all bids received and re-bid the project at a later date v~th modifications. NOW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That Resolution No. 413-00 Preliminary Approval of Plans ana Specifications for the Sutton Pool Water Playground Construcfion ~roject be rescinded and that the said project be re-bid at a later date Passed approved and adopted this 2nd day of October, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carded 6-0. Five Flags Lavatory Stations Rep~acemem Project Proofs of publication on notice of headng on plans and specifications and notice to bidders on the receipt of bids for the Five Flags Lavatory Stations Replacement Project and City Manager recommending to awara contract for project, presented and read. Michalski movea that the proof and communication be received and filed. Seconded b; Robbins. Motion carried 6-0. RESOLUTION NO. 475-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th cay of September, 2000, plans, soeciflcations form of contract and esbmated cost were filed ~ith the City Clerk of Dubuque, Iowa for the Five Flags Lavatory Stations Replacement Project. WHEREAS, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project, Passed, approved and adopted this 2nd day of October, 2000. dohn H. Markham, Mayer Pro-Tern Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the 373 Reqular Session, October 2, 2000 Resolution. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 476-00 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the Five Flags Lavatory Stations Replacement Project pursuant to Resolution No. 430-00, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 8th cay of September. 2000 WHEREAS, said sealed proposals were opened and read on the 21st cay of September, 2000, and it has been determined that the bid of KLAUER CONSTRUCTION COMPANY in me amount of $38,959 was the lowest bid for the furnishings of all labor and materials and performing the work as ~rovided for in the plans aaa specifications NOW THEREFORE BE IT :~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above imcrovement be awarded to KLAUER CONSTRUCTIQN COMPANY, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete aerformance of the work BE IT FURTHER RESOLVED: That upon the s~gmng of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return me aid daces[ts of the unsuccessfu aidders. Passee. approved and adopted this 2nd day of October, 2000. John H. Markham Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Micha[ski moved adoption of the Resolution. Seconded Dy Robbins. Motion carded 6-0. Duel moved to reinstate the rdles imiting discussion [o the Council. Seconded by Nicholson. Motion carried 6-0. Alta Place Stop Signs: City Manager recommenelng the nstallation of stop signs at the intersections of Alta Place ano Decorah Street and Alta Place and Delaware Street, presented and read. Duel moved that the communication be received and tiled. Seconded by N[cholsee. Motion carried 6-0. An Ordinance Amending the Code of Ordinances of the City of Dubuaue. Iowa, by modifTing Subsection (bi of Section 32-214 thereof providing for the addition of stop signs on Alta Place at Decorah Street and Delaware Street presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 77-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCEs OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (bi OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF STOP SIGNS ON ALTA PLACE AT DECORAH STREET AND DELAWARE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That me Code of Ordinances of the City of Dubuque, Iowa be amended by adding Alta Place ana Decorah Street and Alta Place and Delaware Street to Subsection (bi of Section 32-214 thereof as follows: "Sec. 32-214. Stop Intersections. (bi. Northbound and Southbound Alta Street and Decorah Street Alta Street and Delaware Street Passed, approved and adopted this 2na day of October, 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider City Clerk Published officially in the Telegraph Herald newspaper this 9th aay cf October. 2000. Jeanne F. Schneider, City Clerk It 10/9 Duel moved that the reauirement that a aropeeed Ordinance be considered and voted on for 2assage at two Council Meetings prior to [he meeting at which it is to be finally passed be suspended and further moved final consideration and ~assage of the Ordinance. Seconded by Nicholson. Motion carded 6-0. Jackson Street - Two-Hour Parking: City Manager recommending the creation of a "Two Hour Parking" Zone on me east side of Jackson Street from Milwaukee Street to Ruby Street ~a response to a petition from business owners, presented and read. Robbins moved that the communication be received and filed. Seconded by Duel. Motion carried 6-0. An Ordinance Amending Section 32- Regu ar Session, October 2, 2000 374 362 of the Code of Ordinances of the City of Dubuque, Iowa. providing for ~vo-hour parking by adding certain portions of Jackson Street, presen[ec and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 78-00 AN ORDINANCE AMENDING SECTION 32-362(c) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR TWO-HOUR PARKING BY ADDING CERTAIN PORTIONS OF JACKSON STREET NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Jackson Street from Subsection (c) of Section 32-282 thereof as follows: "Sec 32-262. Prohibited on aesignated streets or portions thereof. (c) Timezones designated. Two Hour Time Zones Jackson Street, west side, from one hundred forty feet ',140') north of East Tenth Street ts East Eleventh Streez: both sides, from East Ninth Street to East Tenth Street and from East Eleventh Street to East Twelfth Street. Section 2. That the Code of Ordinances of the City of Dubuoue. iowa. be amended by adding Jackson Street [o Subsection (c) of Section 32- 362 thereof as follows: "Sec 32-262. ~rohibited on designated streets or portions thereof. (c) Time zones designated. Two Hour Time Zones Jackson Street, west side, from one hundred forty feet (140') north of East Tenth Street to East Elevend' Street; east side. from Milwaukee Street to Ruby Street: both sides, from East Ninth Street to East Tentn Street and from East Eleventh Street to East Tweffih Street Passed, approved and adopted this 2"° day of October. 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9th day of October 2000. Jeanne F. Schneider. City Clerk It 10/9 Robbins moved that the reouirement thai a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance Seconded by Buol Motion carded 6-0. Amendment to Section 32 of the Code of Ordinances of the City of Dubuque: City Manager recommending an amendment to Sections 32-311, 32- 312. and 32-314 of the City of Dubuque Code of Ordinances to remove three lots trom the parking system ano adding ~vo new lots. presented and read: Buol moved that the communication se receiveo anc tiled. Seconded by Nichoison. Motion carried 6-0 An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-311 designating municipally owned parking lots by removing specific lots: amending Section 32-312 Meters - Insta[lafion Authorized and Directea: and amending Section 32-314 Establishing Meters - Time and =ee Schedule for Municipal LOtS Dy removing the meter time and fee schedule for specific cts. presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 79-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-311 DESIGNATING MUNICIPALLY OWNED PARKING LOTS BY REMOVING SPECIFIC LOTS; AMENDING SECTION 32-312 METERS INSTALLATION AUTHORIZED AND DIRECTED; AND AMENDING SECTION 32-314 ESTABLISHING METERS - TIME AND FEE SCHEDULE FOR MUNICIPAL LOTS BY REMOVING THE METER TIME AND FEE SCHEDULE FOR SPECIFIC LOTS NOW. THEREFORE BE JT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA' Section 1. Sec.32-311 of the City of Dubuque Code of Ordinances is amenaea To read as foIiows: Sec. 32-311. 3esignated - Lots: The various Municipally ownea parking lots in the City shall be designated and numbered as follows: (1) Lot No. 1: The o~ situated between Ninth and Tenth Streets and Iowa Street and Central Avenue (2) Lot No. 2: The lot situated at the northwest corner of Ninth and 3luff 375 Regular Session, October 2, 2000 Streets and running parallel to Ninth Street. (3) Lot No. 3: The lot situated at the northwest corner of .Fifth and Bluff Streets. (4) Lot No. 5: The lot situated at the northwest corner of Twelfth Street and Central Avenue. (5) Lot No. 6: The lot situated on the southwest corner of Eleventh and Bluff Streets. (6) Lot No. 7: The lot situated on the northwest corner of Third and Main Streets. (7) Lot No. 10: The lot situated on Fifth Street and the alley east of Locust Street ano running Dam Ilel to the alley from Fifth to Sixth Streets. (8) Lot No. 12: The lot situated on the northeast comer of Fourth Street and Central Avenue. Section 2. Seciton 32-212 of the City of Dubuque Code of Ordinances is amended to read as follows: Sec. 32-312. Metem - installation Authorized ano Directed. The City Manager is. hereby authorized and directed to insta parking metem in those Municipally owner~ parking lots designated numerically as Lots No. 1 through 3, 5, 6, 7 and 10 for the purpose of, and in such numbers and at such places as may be necessary to the regulation, control and inspection of the parking of motor vehicles therein. Section 3. Seciton 32-314 of the City of Dubuque is amended to read as follows: Section 32-314. Meters-Time and Fee Schedule for Specific Lots is amended to read as follows; Parking me[em on V~unicipally owned parking lots. when installed and oropeny operated, shall show legal oarKIng uDon and after the deposit of United States corns, anc in the nonmetered 2arking lots parking spaces sba ne -eservea in accordance with the following schedules: (1) On Parking Lots N. 1.2.3.5, 6, 7 and 10 the amount of fee shall be displayea on each parking meter and shall indicate the period of fime allowed for me padJcular United States coin aeposit after meter has been placed in operation. The maximum parking time allowed shall De indicated or the parking meter assigned to the meter space to which it applies. (2) On Parking Lot No. 3 reservec 2arking for each seace for the sixteen (16) parking spaces for which parking ~netem nave not been installed shall be rented through lease and agreement ey City Council. (3) On Parking Lot No. 5, -eservea parking for each space for which a oarking meter has not been installed shall be reserved by the City for assignment by the City Manager for purposes of carrying out the business of City government (4) On Parking Lot No, 10, reserved parking for nonmetered spa, ces shall be between the houm of six o clock (6:00) A.M. and six o'clock (6:00) P.M., daily, excluding Saturdays Sundays and holidays at a monthly rate of thirty-five dollam ($35.00), payable each month (5) On Parking Lot No. 12 'eserved parking for nonmetered spaces shall be between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays Sundays aaa holidays at a monthly rate of twenty-five ($25.00) payable each month. Notice of such 'estricfions, as provided for in this Section, shall be displayed at each lot. The owner or operator of any vehicle who shall receive notice either personally or by the attaching of such notice to said vehicle if said vehicle is parking in violation of this subsection shall, when such notice is served upon such owner or operator or attached to said vehicle, pay to the City Treasurer as a penalty for such violation the sum of five dollam ($5.00). Passed, approved and adopted this 2nd day of October. 2000. John H. Markharr Mayor Pro-Tern Attest: Jeanne F. Schneider City Clerk Published officially in the Telegraph Herald newspaper this 9th day of October. 2000. Jeanne F. Schneider. City Clerk It 10/9 Buol moved that the requirement that a proposed Ordinance ce considered and voted on for passage at bNo Council Meetings prior to tne meeting at which it is to be finally passed be suspeneeo and further moved final consideration and passage of the Ordinance. Seconded by Nichoison. Motion carried 6-0. Expanded Parking Meter District; City Manager recommending an amenoment to Section 32-336 of the Code of Ordinances to expand] the exisfing meter district to include me east side of Bluff Street flor- 7th Street to 8th Street, presented anc read Robbins "~oved that the communication be received and filed. Seconded by Nichoison Carded Reqular Session, October 2, 2000 376 the following vote: Yeas--Buol, Markham, Michalski, Nicho]son, Robbins. Nays--Cline. An Ordinance amending the City of Dubuque Code of Ordinances Section 32-336 establishing the municipal parking meter district by including both sides of Bluff Street from 3rd Street to 8th Street, presented and read. Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas--Buol, Markham, Michalski, Nicholson,, Robbins. Nays--C[ine. Motion failed due to lack of 3/4 vote. Michaiski moved that this be the first reading of the Ordinance. Seconded by Robbins. Motion carried 6-0. NLC Delegate: City Council to appoint a voting delegate for the National League of Cities' Congress of Cities in December, presented and read. Buol moved that Council Member Nicho]son be appointed as delegate. Seconded by Michalski. Motion carried 6-0. Salina Street Reconstruction: City Manager submitting documents providing for the reconstruction of Salina Street, presented and read. Robbins moved that the communication be received and filed. Seconded by Buol. Motion carded 6-0. RESOLUTION NO. 477-00 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Salina Street Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6th day of November, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, spec~cations, contract, or estimated cost of the Improvement. Passed, adopted and approved this 2nd day of October, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0_ RESOLUTION NO, 478-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the Salina Street Reconstruction Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the ~rovisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having genera] circulafion 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 26th day of October, 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 6th dayof November, 2000. Passed, adopted and approved this 2nd day of October, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F~ Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. Pine Street - Request to Vacate: City Manager recommending that a public hearing be set for October 16, 2000 to consider a petition to vacate a portion of Pine Street, presented and read. 377 Regular Session, October 2, 2000 Buo[ moved that the communication be received and filed. Seconded by Nicho~son. Motion carried 6-0 RESOLUTION NO. 479-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 212A OF EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the John L. Sadler and Nathan J. Sadler, as tenants in common, o/b/a Sad[er Power Train. Inc., have requested the vacating of the westerlyh17~ feet of Pine Street between East 14 Street and East 15th Street. Whereas, IIW Engineers & Surveyors. P.O. ~as prepared and submitted to the City Council s plat showing the vacated portion of Pine Street and assigned lot numbers thereto, which hereinafter shall oe known and described as Lot 2124, of East Dubuque Addition in me City of Dubuque, iowa; and Whereas. the City Council of the City of Dubuque. Iowa has determined that this the westerly 17 feet of Pine Street between East 14~h Street and East 15th Street is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets Known as Lot 212A of East Dubuque Addition in the City of Dubuque, Dubuque County, iowa should be approveo. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUSUQUE. iOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 212A of East Dubuque Addition in the Cityof Dubuque owa_ Section 2 That the conveyance of Lot 212A of --asr Dubuque Addition in the City of Dubuque owa to the John _. Sad[er and Nathan _. Sadler as tenants in common, be contingent upon [ne payment of $3,648.00, plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress ano egress thereto, for the purpose of erecting installing,., construct!ng, reconstructing, reca~r[ng, owmng, operating, and maintaining water. sewer, drainage: gas, telepnone, t.v. cable and electric ines as may De authorized Dy the City of Dubuoue iowa. as indicated on the Prat of Survey of Lot 212A of East Dubuque Addition in the City of Dubuoue. Iowa. Section 4. n consideration for the conveyance of the foregoing property, John L. Sadler and Nathan J. Sadler as tenants in common, agree that they shall each permanentJy screen all outdoor storage now or hereafter located on the proper(y conveyed pursuantto this resolution so that such outdoor storage cannot be seen from anywhere outside the premises. including but not limited to the elevated highway adjacen[ [o the property. The foregoing reeuirement shall be set forth in the form of a restrictive covenant in the deed of conveyance and may be enforced by the grantor by injunctive or other appropriate relief. Section 5. That the City Clerk De and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as orescdbed by law. Passed, approved and adopted this 2nd day of October. 2000. John H. Markham. Mayor Pro-Tern Attest: Jeanne F. Sbhneider, Cit~ Clerk Buol moved adoption of the Resolution. Seconded by Niche[son. Motion carried 6-0. RESOLUTION NO. 480-00 RESOLUTION APPROVING PLAT OF THE PROPOSED VACATED WESTERLY 17 FEET OF PINE STREET BETWEEN EAST 14TM STREET AND EAST 15TM STREET Whereas, there has been presented to the City Council of the City of Dubuque Iowa. a plat dated August 30, 2000, prepared by IIW Engineers & Surveyors, P.C.. describing the westerly 17 feet of Pine Street between th th East 14 Street and East 15 Street: and Whereas said plat conforms to the ~aws and statutes pertaining thereto. ~OW THEREFORE BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the plat dated August 30, 2000 prepared by fiW Engineers & Surveyors, P.C., relative To the real estate ~ereinabove described be and the same is hereby approved, and the Mayor and City Clerk be ano they are hereby authorized and directed to execute said plat for and or behalf of the City of Dubuoue Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress an(] egress theretc for me pureose of erecting installing constructing, reconstructing, repairing, owning, operating, ano maintaining wa[er. sewer, drainage, gas, telephone t.v. cable and electric lines as may be Reqular Sessio~ October 2, 2000 378 authofi2ed by the City of Dubuque, lo~,,~ as indicated on the Plat of Survey of Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa Secfion 3 In consideration for the conveyance of the foregoing property, John L. Sad[er and Nathan J. Sadler, as tenants in common, agree that they shall each permanently screen all outdoor storage now or hereafter located on the properry conveyea pursuant to this resolution, so that such an~veere outside the premises, including but not limited to the elevated highway adjacent to the property. The foregoing requirement shall be set forth in the form of a restrictive covenant in the deed of conveyance and may be enforced by the grantor by injunctive or other appropriate relief. Section 4. That the City Clerk 3e and is hereby authorized and directed to file said plat and ce~fied copy of this resoiufion in the office of the Recorder. in and for Dubuque County Iowa. Passed approved and adopted this 2ed day of October, 2000. John H. Markham, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Buol moved adop~on of the Resolution. Seconded oy Niche[son. Motion carried 6-0. An Ordinance Vacating the westedy 17 feet of Pine Street between East 14th Street and East 15th Street ~resented and read. (OFFICIAL PUBLICATION} ORDINANCE NO. 80-80 ORDINANCE VACATING A PORTION OF KERPER COURT Whereas, the City of Dubuque Community & Economic Development staff has requested the vacating of a portion of Kerper CouP; and Whereas; IIW Engineers & Surveyors P.C. hss DraDared and submitteci to the City Council a plat snowing the vacated portion of Kerper Court and assigned ct numbers thereto, which hereinafter shall be knowr and described as Lot 2A of Kerper Industrial Park in the City of Dubuoue. Dubuque County. lowa: and Whereas, the City Council of the City ef Dubuque. lo~a has determined that mis portion of Kerper Court is no longer required for public use, except for utility s~sements es noted, eno vacaung of s,~id portions of Kerper Court known as Lot 2A of Keraer Industrial Park in the City of Dubueue, Dubuque County [OW:l ShOUld be ~pprovea NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Kerper qdustdal Park in the City of Dubuque, Iowa. be aec the same ~s hereby vacated. Section 2. The ~ity of Dubuoue reserves unto tse]f a perpetua easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water. sewer, drainage, gas, telephone, cable, and electric lines as may be authorized by the City of Dubuque, Iowa. as shown on the Plat of Survey of Lot 2A and Lot E of Kerper Industrial Park. Passed, approved and adooted this 4th day of October, 2000. John -L Markham. Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald ne~?spaper this 9th aay of October, 2000. Jeanne F. Schneider, City Clerk It 10/9 Buol moved that the requirement ~nat a 3reposed Ordinance be considered and voted on for passage at two Council Meetings crier to the meeting at which it is to be finally passed be suspended and ~urther moved final consideration and passage of the Ordinance. Seconded by Nicholson. ~lotion carried 6-0. Water Depar,~ment - Supervisory Control and Data Acquisition System: City Manager submitting aocumenrs providing for the purchase ano fabrication of the equipment for the Water Department Suoervisory Control and Data Acquisition System, presented and read. CIine moved that the communication be received aha filed. Seconded by 3uol Motio- carded RESOLUTION NO. 481-00 PRELIMINARY APPROVAL OF SPECIFICATIONS Whereas the DrODOSed soecifications and form of contract for the fabrication of (ne Supervisory Control And Data Acquisition System to me EagIe Point Water Plant and It'S satelIEe locations In Dubuoue. Iowa. I~ the estimated amount of $240.000 foilers. 379 Regular Session October 2, 2000 NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE Cll-Y' OF DUBUQUE. IOWA: Section 1. The proposed sDecitications and form of Contract are approved and ordered flied in me office of the City Clerk for public inspection. Passed, approvea and adopted this 2n° day of Qctober. 2000. John H. Markham, Mayor Pro-Tern Attest:Jeanne F. Schneider, City' Clerk Cline moved aaoption of the :~esolution. Seconded by 3ual Motion carded 6-0. RESOLUTION NO. 482-00 FIXING DATE FOR HEARING ON SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given 'ts preliminary approval on the proposed specifications, and form of contract and placed same sn file in the office of the City Clerk for public inspection of the Supervisory Control And Data Acquisition Sys[em for the Eagle Point Water Plant ano t's satellite NOW THEREFORE BE IT RESOLVED BY THE CITY CQUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 6~ day of November 2000 a publi? headng will be held a[ 6:30 p.m. n the Public Library Auditorium at which time interested Demons may appear and be heard for or against [he proposee specifications, form of contract and cost of said improvement and the City Clerk be and is hereby directed to cause a notice oft]me and p~ace of sucr hearing to be published in a news~aoer ~av[ng general circulation n the City of Dubuque, Iowa. which notice shall be not less than four days nor more than twenty days prior to the cay fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposea specifications contract, or estimated cost of the improvemenT. Passed. adoeted and aooroved this 2"" day of October, 2000. John H. Markham Mayor Pro-Tern Attest:Jeanne F. Schneider. City Clerk Cline moved adODtlOr' of the Resolution. Seconded Dy Dual. Motion carried 6-0. RESOLUTION NO, 483-00 ORDERING BIDS NOW THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF -HE CiTY OF DUBUQUE, IOWA: Section 1. That the fabrication of a Suoervisory Contra and Data Acquisition System to the E~gle Point Water Plant located at 1902 Hawthorne Street, and t's satetlite ocations in Dubuque, Iowa is hereby ordered to be advertised for bids for fabrication of said system Section 2 That the amount of the security to accompany each bid shall be in the amount which shall conform [o [he provisions of the notice to bidders hereby approvee as par[ of [he soecifications heretofore adopted Section 3. That the City Clerk s hereby directed to advertise for bids for the fabdcafion of the improvement herein provided to be ~ublished in a newspaper having general circulafion in the City of Dubuque, Iowa. which notice shall not be less than four days nor more than twenty eays pdor to the receipt of said bids at 2:00 D.m on Tuesday the 24'" day of October. 2000 Bids shall be opened and read by the C~ Clerk at said time and will be suomazea To the Counci for final acuon at 6:30 p.m. on the 6~" day of November 2000. Passed, approved and adopted this 2"d day if October, 2000. John H. Markham, Mayor Pro-Tern Attest:Jeanne F. Schneider, City Clerk Cline moved adoption of the Reso[ufion. Seconded By Buol Motion carried 6-0. Water Department - Pennsylvania Pump Station: City Manager submitting documents providing for construction of the Pennsylvania Pump Station. presented ano reaa. Robbins moved that the communication be received ano filed. Seconded by BuoL Motion carried 6- 0. RESOLUTION NO, 484-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas~ the proposea plans. specifications and form of contract for me construction of 1242 sq. ft. building to the Pennsylvania Standpipe at 4136 Pennsylvania Avenue Dubuque. owa. ~n the estimated amount of $363.000 dollars nave beer prepareo Dy I.l.W. Engineering Firm of Dubuaue. Iowa. NOW THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. The proposed plans. specifications and form of Contract are aooroved and ordered fi[ed in the Reqular Session, October 2;2000 38O office of the City Clerk for public inspection Passed aDeroved ana adopted this 2nd aay of October, 2000. Jonn H. Markham Mayor Pro-Tem Attest:Jeanne F. Schneider. City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 485-00 FIXING DATE FOR HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given "is preliminary approva on the proposed slans specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the cons[ruction of a new Pumo Station. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: That on the BM day of November. 2000 a public hearing will De held at 6:30 p.m. ir the Public Library Auditorium at which time interested oersons may appear and be heard for or against the proposed plans and specifications, form of contract ane cost of said Improvement, and the City Clerk be ano is hereby directed to cause a notice of time and place of such hearing to De ~ublished in a newspaper having general circulation in the City of Dubuque, Iowa, which nofice shall be no[ less than four days nor more [nan twenty days pdor to the aa:/fixed for its consideration At the headng, any interested person may appear and file objections to the DFODOSeQ - plans, specifications contract, or estimated cost of the improvement. Passed, adopted and approved this 2n° day of October, 2000. John H. Markham, Mayor Pro-Ten" Attest:Jeanne F. Schneider, City Clerk Robbi~s moved adoptio~ of the Resolufion. Seconded by Buol. Motion carried 6-0. RESOLUTION NO. 486-00 ORDERING BIDS NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section I That the construction of a 1242 sq. ft. building at [he Pennsylvania Standetpe ocated 4136 =ennsylvania Avenue, Dubuque, iowa is hereby ordered ro be advertiseo for bids for constructior.. Section 2. That the amount of the security to accompany each bid shall ce in the amourn which shall conform to the provisions of the nouce to bidders hereby approved as par[ of the plans and specifications heretofore adopted. Section 3. That the City Clerk is hereby directed m advertise for bids for the construction o~ the imorovemern herein provided to be published q a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on Tuesday the 24~ day of October. 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. o~ the 6~ day of November, 2000. Passed approved and adopted this 2"" day if October 2000. Joi~n H. Markharr Mayor Pro-Tern Attest~Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution Seconded ey Buol. Motion carried 6-0. Eagle Point Water Plant, Chlorine Feed Room Exeansion: City Manager submitting documents providing for construction of the Eagle Point Wa[er Plant Chlorine Feed Room Expansion, presented and read. Robbins moved that the communication be received and -~led. Seconded by Cline. Motion carried 6- 0 RESOLUTION NO. 487-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas. the proposed p~ans specifications and form of contract for [ne construction of 935 sq. ft. room to the EagIe Point Water Plant at 1902 Hawthorne Street Dubueue. Iowa 'n the estimated amount of $125,000 dollars have Deer 3repared by LI.W. Engineering Firm of Dubuque, iowa. NOW THEREFORE, 9E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. The proposed Plans. specifications and form of Contract are approved and ordereo filed in tl~e office of me City Clerk for public inspection. Passed. approved and adopted this 2r~ day of October, 2000. John -L Markham, Mayor Pro-Tern AttestiJeanne F. Schneider. Cfiy Clerk Robbins moved adopfion of the 381 Regular Session October2, 2000 Resolution. Seconded Dy Cl[ne. Motion carded 6-0. RESOLUTION NO. 488-00 FIXING DATE FOR HEARING ON PLANS AND SPECIFICATIONS Whereas, ~he City Council of the CH of Dubuque Iowa has given its preliminapJ approval on the proposed plans, specifications and form of contract and placed same on file in the office of the CH Clerk for public inspection of the cons~rucuen of a new Pump Station, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 6~ day of November. 2000 a public headng wi[[ be held at 6:30 p.m. in the Public Library Auditorium at which time nterested persons may appear and be heard for or against the proposed plans and specifications, forte of contract and cost of said ~mprovement. and the City Clerk De and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall ~e not less thor four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to me proposea plans specifications. contract or estimated cost of the improvement. 3assed, adopted and aDDroved this 2"° day of October, 2000. John H, Markham. Mayor Pro-Tom Attest:Jeanne F. Schneider. C~ry Clerk :~obbins moved adoption of the Resolution. Seconded ey Cline. Motion carded 6-0 RESOLUTION NO. 489-00 ORDERING BIDS NOW THEREFORE. BE IT RESQLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the construction of a 935 sq. ft. room at the Eagle Point Water Plant located ar 1902 Hawthorne Street, Dubuque, mwa is hereby ordered to be advertised for bids for construction. Section 2. That the amount of the security to accompany eacn bid shall be in the amount which shall conform to the provisions of the nouce to b~dders hereby approvea as part of the p aris and specifications heretofore adopted. Section 3. That the City Clerk is hereby directed to advertise for bids for the construction of the improvement herein provided to 3e publishea in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on Tuesday the 24"' day of October, 2000 Bids shall ce 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 6TM day of November. 2000. Passed, approved and adopted this 2"" day of October, 2000. John H. Markham, Mayor Pro-Tern Attest:Jeanre F. Schneider, City Clerk Robbins moved adoo~on of the Resolution. Seconded by Cline. Motion carried 6-0 South Fork Sanitary Sewer - Phase II ACceDrance: City Manager recommending acceptance of the South Fork Sanitary Sewer - Phase I project and setting a public hearing on the cot ~ection fees to the sanitary sewer for October 16 2000. presented and read. Michalski moved that the communication be received and ~i[ed. Seconded by Robbins. Motion carried 6-0 RESOLUTION NO. 492-00 RESOLUTION PROVIDING FOR NOTICE OF THE DATE, TIME AND PLACE OF A PUBLIC HEARING ON AN ORDINANCE ESTABLISHING THE SOUTH FORK SANITARY SEWER PROJECT- PHASE II AND A SCHEDULE OF CONNECTION FEES Whereas, the Ci~ Council of the City of Dubuque, Iowa, proposes to establish by Ordinance after notice of a 3ublic headng, the South Fork Sanitary Sewer Project - Phase I! and to provide a schedule of connection fees therefor: ana Whereas, Iowa Code Section 384,38(3) requires notice anoa oublic headng on such Ordinance; NOW. THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. The City Clerk is hereby authorized and directed to publish notice of the date, time anc place of me heating on said oroooseo Ordinance. which hearing shall be on October 16, 2000, at 6:30 p.m. in the Public Library Auditorium in the City Reqular Session, october 212000 382 of Dubuque, Iowa, such publication to be once each week for two consecutive weeks in the manner provided by Section 362.3, the first publication of which shall not be less than ten (10) days before the date of the headng. Secfion 2. The notice shall be in substantially the following form: Notice to Property Owners Nofice is given that there is now on file for public inspection in the office of the Clerk of the City of Dubuque, City Hail, Dubuque, Iowa, a proposed Ordinance establishing the South Fork Sanitary Sewer Project - Phase II and providing for connection fees. The Council will meet at 6:30 p.m. on October 18, 2000, at the Public Library Auditorium in the City of Dubuque, Iowa, at which time the owners of properly subject to connection fees in the South Fork San!tary Sewer Project - Phase II or any other paten having an interest in the matter may appear and be heard for or against the sstab[ishment of the Diet, ct, or the schedule of connection fees. A person subject to such connection fees will be deemed to have waived all objections unless at the time of headng, the person has filed objections with the Clerk. Section 3, Not less than fifteen (15) days before the heating, the Clerk shall also send a copy of the notice by mail to each property owner whose properly will be served by connection to said City sewer and be subject to the connection fees at the address as shown by the records of the County Auditor. Passed, approved and adopted this 2nd day of October, 2000. John H. Markham, Mayor Pro-Tern Attest:Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. RESOLUTION NO. 490-00 ACCEPTING IMPROVEMENT Whereas, the contract for the South Fork Sanitary Sewer Project - Phase II Project has been completed and the C~ 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 end recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the recommendafion of the City Manager be approved anc that smc improvement be and me same is hereby accep[eo. BE [T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount e(]ual to the amount of this contract, less any retained percenzage provided for therein. Passed, approved and aaopted this 2nd day of October 2000. John H. Markham, Mayor Pro-Tern Attest:Jeanne F. Schneider. City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0 RESOLUTION NO. 491-00 FINAL ESTIMATE Whereas. the contract for the South Fork San[taW Sewer Project - Phase II has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates. notices and inspection and all miscellaneous costs: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of saic improvement is hereby determined to be $770,461.93 and the said amount shall be paid from the General Fund of the City of Dubuque Iowa. Passed approved and adcpted this 2nd day of October 2000. John H. Markham. Mayor Pro-Tern Attest:Jeanne F. Schneider, CAy Clerk Michalski moved adoption of the :~esotufion. Seconded by Robbins. Motion carded 6-0. Fiscal Yea' 2001 Budget Amendment: City Manager recommending ',nat a cublic hearing De set for October 16, 2000 to consider an amendment to the Fisca. Year 2001 Budget, presen[ee and read. Cline moved that the communication be received and filed. Seconded Dy Buol. Motion cartied 6- 0. RESOLUTION NO. 493-00 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2001 BUDGET AND DATE OF PUBLIC HEARING 383 Regular Session, October 2, 2000 Whereas. it is proposed that the City of Dubuoue amend its Fiscal Year 2001 budget; and Whereas Section 384.16 of [he Code of Iowa stipulates that a oublic hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Section 1. That the City Clerk be and is hereby authorized and directed to oubl[sh notice of public hearing on an amendment to the adopted budget for the City of Dubuque. Iowa. =assed, approved and adopted this 2nd day of October. 2000. John H. Markham Mayor Pro-Tern Attest:Jeanne F. Schneider. City Clerk C[ine moved adoption of the Resolution and that the Public Hearing be set for 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk public notice in tne manner prescribed by law. Seconded by Buol. Motion carried 6- 0. Diseos[tion of Property to Plastic Center Inc.: City Manager recommending that a public hearing be set for October 16, 2000 to consider the disposition of property to Plastic Center, Inc., presented and read. Michalski moved [hat the communication be received and filed. Seconded by Robbins. Motion carried 6-0 RESOLUTION NO. 494-00 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY DEED TO PLASTIC CENTER, INC. Whereas. [he City of Dubuoue. Iowa (City} s the owner of the following rea[ property (the Property); LOt ' and Lot 2 of South Fork ndustrial Subdivision No 1. Section 31, Townshio 89 North Range 2 east of the 5th P.M. in Dubuaue County, owa. according [o the 'ecorded plat [nereo[ And Whereas Plastic Center, inc. tPlastic Center) s the owner of certain real 2roperty ocated on the 4ti* Street Peninsula which City desires to acquire: And Whereas City and Plastic Center nave entered into an agreement, subject to the aooroval of the City Council, a copy of which is now on file a[ the Office of the City Clerk City HaE 13th and Centra Avenue Dubuque, Iowa pursuant to -which' City will convey a par~ of the Property, 46 acres more or ess. as shown in the agreement, to ~[astic Center. And Whereas, the City Council has tentatively determined that it would be in the best interests of the City [o approve the agreement, including the conveyance of such properly [o Plastic Center. NOW THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 't The City of Dubuque intends to dispose of its interest in the foregoing-described property Dy Deed to Plastic Center Inc. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be publishec as orescribed by iowa Code Section 364.7 of a public hearing on the City's intent to disoose of the foregoing-described property, to be held on the 16th day of October 2000 at 6:30 p.m. ar the Pubtic Library Auditorium, 11th & Locust. Dubuque. iowa. Passed. approved and adopted this 2nd day of October, 2000. John H. Markham, Mayor Pro-Terr Attest:Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this for public hearing on 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed Dy [aw. Seconded ey Robbins. Motion carried 6-0. Michalski moved that City Staff be commended for their work anc cooperation q connection with the owa League of Cities Conference. Seconded by Nicholson. Motion carried 6-0. Markham conveyed that this is the 220th anmversary of our Sister City, Pyatigorsk and their City sends greetings. At 10:12 P.M., Michalski moved to go into Closed Session re: Property Acquisition (iowa Code §21.5(1)(~). Seconded by Robbins. Motior carded 6-0 At 10:31 P.M Council 'gconveneo Regular Session stating rna[ Staff had been given proper direction. There being no further business Cline moved to adjourn. Seconded Reqular Session, October 2, 2000 384 by Nicholson. Motion cardec 6-0. The meeting adjourned at 10:32 P.M. /e/Jeanne F. Schneider Cit~ Clerk Approved ~/~2~ ./,~ 2000 2OOO 385 Special Session, October 4, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session. October 4 2000 Council Met in Special Session au 5:00 P.M. in the Library Auditorium Present: Mayor Duggan Council Members Duel Cline. Markham Michalski, Nicholson. Robbins, City Manager Michael Van Milligen Coreoration Counsel Barry Lindahl Mayor Duggan read the call and stated this is the special session of the City Council called for the purpose of acting upon sucn business which may propeny come before the City Council. Gordon Mills of the DurEant Group, ]nc. gave a review of Phase of the Fourth Street Peninsula Development Master Plan. Disposition of Property on Kereer Court (Flynn Ready-Mix): City Manager recommending approva~ of the olat of proposed vacated per'don of Kerper Court. and that a public hearing be set for October 16, 2000, to consider the sale of proper~y to F[ynn Ready-Mix, presented and read Michalski movec that the communication be received and ~iled. Seconded By Robbins. Motion carried 7-0. RESOLUTION NO. 495-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER COURT Whereas. there has been presented to the City Council of the City of Dubuque, Iowa. a plat dated August 15, 2000, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Kerper Court: and Whereas, said plat conforms to me laws and statutes pertaining thereto. NOW THEREFORE, BE T RESOLVED 9Y THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the oiat dated August 15, 2000 prepare(] by IIW Engineers & Surveyors, P.C. relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk ce ano they are qereby authorized and directed to execute said plat for and behalf of the City of Dubuque owa. Section 2. That the City of Dubuque reserves unto itself a perpetual easement including me right of ingress and egress thereto, for the purpose of erecting, installing, construct!rig, reconstructing, repairing, owning, operating, and maintaining water, sewer draipage gas telephone cable; and e[ectri~ lines as may be authorized by the City of Dubuque Iowa. as shown on the Plat of Survey of Lot 2A and Lot E of'Kerper industrial Park. Section 3.. That the' City Clerk be and is hereby authorized and direc[ea to file said plat and certified Ge py of this resolution in the office of the Recorder. in aha for Dubuque County, Iowa. Passed, approved and adopted this 4th day of OctoBer. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Micha[ski moved adootion of the Resolution. Secondec by Robbins. Motion carried 7-C. An Ordinance Vacating a portion of Kerper Court, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 81-00 ORDINANCE VACATING A PORTION OF KERPER COURT Whereas me City of Dubuque Community & Economic Development staff has requested the vacating of a portion of Kerper Court; aha Whereas: IIW Engineers & Surveyors, P.C. has 2repared ano submitted To the City Council a plat showing the vacated cortion of Kerper Court an(~ assignee lot numbers mereto which hereinafter shall ce knowr and descdbed as Lot 2A of Kereer Industrial Park in the City of Dubuque, Dubuoue County, Iowa; and Whereas the City Council of the City of Dubuque owa has determined that this 2oFdon of Kerper Court is no longer required for public use, except for utility easements as noted, and vacating of said 2ortons of Kerper Court known as Lot 2A of Kerper Industrial Park in the City of Dubuque, Dubuaue County, Iowa shoutd be approved. ',IOW THEREFORE BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE iOWA: Section 1. That the rea estate described as Lot 2A of KerDer Industrial Park in the City of Dubuaue. Iowa De dna the same s nereey Special Session~ October 4, 2000 386 vacated. Section2. The CH of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repeldng, owning, operating, . and maintaining water, sewer, d~inage, gas, telephone, cable, and electric lines as may be authorized by the City of Dubuque, levee, as shown on the Plat of Survey of Lot 2& and Lot E of Kerper Industrial Park. Passed. app(oved and adopted this 4th day of OctolSer, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaPer this 13th day of October, 2000. ,Jeanne F. Schneider, City Clerk It 10/13 Micha[ski moved that the requirement that a proposed Ordinance be considered and voted on for passage at 'b, vo Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins, Motion carded 7-0. RESOLUTION NO. 496-00 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY DEED TO FLYNN READY-MIX CONCRETE COMPANY, WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1-2, Lot 2A and Lot 6 of Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa, according to [he recorded plat thereof, consisting of 4.33 acres, more or less; and WHEREAS, City and Flynn Ready- Mix Concrete Company have entered into an agreement, subject to the approval of the City Council, a copy of which is on file at the Office of the City Clerk, City Hall, 50 W, 13~ Street, Dubuque, Iowa pursuant to which City witl convey the Property to Flynn Ready*ML'~ Concrete Company; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to -apprave the agreement, including conve¥~.nce of the Property to Flynn Ready-Mix Coacrete Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, Tire City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Flynn Ready-Mix Concrete Company. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by iowa Code Section 364.7 of a public headng on City's intent to dispose of the foregoing- described Property, to be held on the 16th day of October, 2000, at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11~ Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this for Public Headng on 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by [aw Seconded by Robbins. Motion carried 7-0. . Property Acquisition and Property Lease Along the Riverfront - Peavey Company: City Manager recommending that a public hearing be set for October 16, 2000, to consider leasing City property near 12th Street to Peavey Company, presented and read. Markham moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 497-00 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE TO CON AGRA INC,i D/B/A PEAVEY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property shown on Exhibit A attached hereto and legally described as follows: Lot 9, Block 4, River Front Subdivision #2, Dubuque, Iowa, The Property; And Whereas, Con Agra Inc., D/B/A Peavey Company (Peavey) desires to lease the City Property for the purpose of stadng commodities and other river related business activities upon the terms set forth in a Lease Agreement and Offer to Buy Real Estate and Acceptance now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa,: And Whereas, City and Peavey have tentatively agreed to the Lease Agreement, which among other things, 387 Special Session, October 4, 2000 erovides for a term through November 30. 2021: And Whereas. the City Council nas tentatively determined that it would be in the best interests of the City to enter into the Lease Agreement and Offer to Buy ~eal Estate and Acceptance with Peavey; NOW. AND THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE iOWA: Sec~on 1. The Ci~ of Dubuaue intends to dispose of its interest in the foregoing-described Property by Lease Agreemenz to Con Agra Inc. D/B/A Peavey Company. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by owa Code Section 364.7 of a public hearing on the Citys intent [o dispose of the foregoing- aescribed real properly, to be held on the 16th day of October. 2000 at 6:30 p.m. in the Public Library Auditorium 11th and Locust. Dubuque. iowa. Passed. approved and agopted this 4th day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Markham moved aaoption of the Reso[u~on and further set this for Public Hearing on 10/16/00 at 6:30 P.M. [n the :ublic Library Auditorium and that the City Clerk publish notice in the manner prescribed Dy law. Seconded by Robbins. Motion carried 7-0. There being no further business. Cline moved to adjourn. Seconded by Buol. Motion cardedT-0. ~-hemeeting adjourned at 5:44 P.M. Is/Jeanne F. Schneider City Clerk Approve~..~'~'.~. J~:;¢. 2000 2000 Clerk Special Session, October 16, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS 388 City Council. Special Session October 16 2000 Council met for Dinner au 5:00 P.M. in the _ibrary Rotunda Council met in Special Session au 5:30 P.M. in the Library Auditorium PresenT: Mayor Duggan. Council Members Buol, Cline, Markham. Michalski, Nicholson, Robbins. City Manager Michael Vac Milligen Corporabon Counsel Barn] Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of providing an update on the papedess agenda process and to act upon SUCh business which may properly come before the Council DJrectic q was g{ven to Council or the usage of their laptop computers to access the Council meeting agendas, supporting aocurnents and also the proper protocol for the usage of the Intemet and E-maiL adJourned at 6:25 P.M. Jeanne F. Schneider City Clerk Ado~ Clerk 389 Regular Session, October 16, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Council met in Regular Sessio- al 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol. Cline Markham Michalski Nicholson. Robbins CH Manager Michael Van Mii[igen Corporation Counsel Barry Lindahl Mayor Duggan read the call anc stated this is [he regular session of [ne City Council called for the purpose of acting upon such business which may properly come before the Council nvooation was given by Reverend Kenneth Helmke of Wartburg Theological Seminary. PROCLAMATIONS: Business Women's WeeK (October 16 - 20. 2000) received by Dorothy Culbertson; Childhood Lead Poisoning ~reventio- Week (October 22 - 28. 2000) received by Mary Rose Corrigan, Tami Ernster, Liz Kemp, and Ken Garlow: Spinal Health Month fOctober, 2000) received by Dr. Todd Sourling James D. Burke Day (October 20. 2000) received by departing Community aha Economic Director James D. Burke. Dubuque County Sheriff _eo Kennedy, Police Captain Mike Sullivan and C~zens' for Jail Expansion Committee Member Paul Gorrel[ gave a presentation on the 9roposeo City/County Jail Expansion. CONSENT ITEMS: Mr Jim Stock reouested qis communication (Citizen Communication D. Jim Stock regarding a wa~er main connection fee for Oak Meadows II) be removed for indiv discussion. Mr. Stock. Developer of Oak Meadows, sooke of connecting to wa[er in 1990 and being led ro believe there would be no hookuo fee. now nas receiveo a bill after all rnese years. Markham moved that this matter was referred to [ne City Manager. Seconded by Buol. Motion carried 7-0. Minutes Submitted: Airport Commission of. 9/25; Cable TV Regulatory Commission of 9/20; Civil Service Commission of 9/20: Zoning Advisory Commission of 10/4: Zoning Board of Adjustment of 9/26 presented and read. Buol movea [nar ~he minutes Be received and fileo. Secondec Dy Nicholson. Motion carried 6-0 Convention and Visitors Bureau submitting their quarterly repot[ for August through September, 2000 presented and read. Buol moved thai the repot[ De received and filed. Seconded by Nicholson. Motion carded 7-0. Proofs of oublication for Council Proceedings of 9/5~'00 and 9/18/00; ana List of Claims and Summary of :~evenues For month ending August 31 2000, presented and read. Buol moved that the proofs be received and tiled and aoerovea as 9ublished Seconded Dy Nicholson. Motior carded 7-0. Financial report for the month enolng September 30, 2000 presented anc read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0 ~rinted Council Proceedings for August 2000 presented and reaa. Buol moved [hat the eroceedings be approved as orinted. Seconded by Nicholson. Motion carried 7-0. Notice of Claims/Suits: Aaron ]steal et al in undetermined amount for property aamage; Ruth Loeffelholz in estimated amount of $1,000 for propers/ aamage; Mark Puccio in estimated amount of $1,100 for personal in uries to his son; Terryl E. Stewart ir~ estimated amount of $414.96 [or vehicle damage; Angela Woolf in esumarea amount of $800.60 for vehicle damage; foreclosure notice from First Union National Bank: notice of lawsuit of AmbeF _ Huntington vs Officer Forrest Trausch and City of Dubuque Police Department presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and reoort. Seconded by ~icholson. Motion carried 7-0. Corporauon Counsel advising the following c~a~ms have been referred to Public Entity Risk Services of Iowa rne agent for the owa Communities Assurance Pool: Sue Bussan for Reqular Session~ October 16, 2000 390 personal injuries; K~auer Development Corporation for vehicle damage; Jay Cottreli for vehicle damage, presented and read Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carded 7-0, Corporation Counse~ recommending denial of the vehicle damage claim of Mona Turner, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nichoison. Motion carded 7-0. Corporation Counsel recommending setttsmen~ of the proper6, damage claim of ShelIa Czipar in the amount of $20.00 and that the Finance Director be directed to issue check, presented and read Buol moved that the communication be received and filed and concurred w~th the recommendation Seconded by Nicholecn Motion carded 7-0. Citizen Communications: A. John Sanner, Kqauer Manufacturing Company, requesting that parking be restricted on 26~ and 27~ Streets: B. Sunset Ridge Drive residents requesting the City to assess the properly owners by frontage foot on Sunset Ridge Drive for resurfacing work on their s~ree~; C. Petition from residenm requesting that the Parl?ng' zone on Hawthorne Street be rescinded; B. Cletus J. Winter regarding the Clarke Ddve repaying projecg F. George A. Medert regarding the neee to have a rail connection to Chicago; G. Brian J. Kane representing Cad and Maw Ann Butbach. regarding a proposed charitsble contdbutio~ to the City of Dubudue: H. D,D. Roepsch regarding Menard's request for a traf~c signal; presented and read. Buol moved that the communications be referred to the C~'Manager. Seconded by Nicholson Motion carried 7-0 Environ, mental SteWardship Advisory Commission Vacancies: Public Health Soecialist Mary Rose Cordgan advising there are t~vo vacancies on the cEnvironmentsl Stewardshp Advisory ommission (Lstdcia Edross anc Peter Sm}on), presented and read. Buol moves that the communication be received and filed. Seconae¢ Dy NIcholson. Motion camed 74) Dubuque Cby/Coumy Jail Expansion: Communicatio~ from Joan Schaefer Citizens [or the Dubuoue City/County Jail Expansion, providing information on the jail expansion referendum presented and teac. moved that the communication oe received and filed. Secondec by Nicholsor,. Motion carried 7-0. Ornamental Railing - Acceptance: City Manager recommending acceptance of the 1999 Downtowr Historical Neighborhood Ornamental Railing Project presentec and read. Buol moved that the communication be received and filed. Secondec Dy Nicholson Motion carried 7-0 RESOLUTION NO. 4984)0 I ACCEPTING IMPROVEMENT Whereas, the contract for the 1999 Downtown Historical Neighborhood Ornamental Railing Project has been comp eted and the City Manager has examined the work and filed ~is certificate stating that the same has been completed eccordin¢ to the terms of the contract, plans and specifications and recommends acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That [he recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE iT FURTHER RESOLVED rna~ the City Treasurer be and he is hereby directed to pay to the contractor from me Fiscal Year 2001 Steps, Handrail and Wail Top Fencing Replacement Budget Using Local Option Sales Tax Funds in amount eeual to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of October, 2000. Torrance M. Duggan Mayor Attest: Jeanne F, Schneioer. Cit~ Clerk Buo] moved adootion of [ne Resolution Seconded by Nicholson. Motion carried 7-0 RESOLUTION NO. 499-00 FINAL ESTIMATE Whereas, the contract for me 1999 Downtown Historica Neighborhood Ornamental Railing Project has been comcleted ans the Qty Engineer has submitted his final estimate showing the cos[ thereof indu :~Jng the cos[ of estimates, notices and inspecuon and all miscellaneous cos[s: 391 Regular Session, October 16, 2000 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 $26.567.00 and the said amount shall be paid from the Fiscal Year 2001 Steps, Handrail and Wall Top Fencing Replacement Budget Using Local Option Sales Tax Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 16th day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne'F. Schneider CityClerk Buol moved adoDfion of the Resolution. Seconded by ~licholson. Motion carded 7-0. William Bruggeman - Subdivision Plat: Zoning Advisory Commission advising of their approval of the Final Plat of Bruggeman Acres, 1~ Addition. presented and read. Buol moved that [he communication be received and filed. Seconded by Nicholson Motion carried 7-0. RESOLUTION NO. 500-00 RESOLUTION APPROVING THE FINAL PLAT OF BRUGGEMAN ACRES, FIRST ADDITION, IN DUBUQUE COUNTY, IOWA Whereas there has been filed with the City Clerk a final plat of Bruggeman Acres, First AddYdon in Dubuque County; and Whereas. said otat provides 3 feet of frontage for Lots 2 and 3 where 60 feet s reouired by Section 42-19 (b) Subdivision Regulations; and Whereas said olat has oeen examined oy the Zoning Advisory Commission and hac its aonroval endorsed thereon; an¢ Whereas said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances re[a'dng thereto. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Secfion 42-19 (b) of me Subdivision Regulations is waived to allow Lots 2 and 3 to have 0 feet of frontage, where 60 feet is required Section 2. That the final plat of Bruggeman Acres, First Addition, is hereby approved, and the Mayor and City Clerk are herecy authodzed and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed approved and adopted this 16th day of October. 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ moved adoefion of the resolution. Seconded Dy Nicholson. Motion carried 7-0. Municipal Treasurer's Award: ..Municipal Treasurers' Association advising [nat the C[~s wdtten investment policy has been certified By the Municipal Treasurers' Association. presented and read. Buol moved that the communicafion be received and filed. Seconded by Nicholson. Motion carried 7-0. Dubuque Main Street Award: City Manager advising that Dubuque Vlain Street has given two awards to the Ci~ of Dubuque for the Cable Car Square Antique Lights Project and the opening of 8~ Street sresented and read. Buol moved that the communication De received and filee. Seconded by Nicholson. Motion carried 7-0. Newt Marine: Communication from Gary Newt. Newt Marine Service, regarding barge fleeting on CH Island, presented and read. Buol moved that this be referred to the City Manager. Seconded by k[ichoison. Motion carried 7-0. Business License Refunds: Cigarette license refunds to Billie Bucks East Street Tap, Old Shang, Admiral's Hat. and Puff N Snuff; Beer and liquor combination license refund to Billy Buck's East Street Tap, presented and read. 3uol moved that the requests be received and filed ane approved refunds. Seconded Dy Nicho[son. Motion carried RESOLUTION NO. 602-00 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY DF DUBUQUE. IOWA: That the following having complied with the provisions of law rela'dng to th e sale of Cigarettes within tne CH of Dubuque, Iowa, be granted a permit to sell Cigarer:es and Cigare~e Papers within said City. NEW Ron's Discount Smokes & Beverage Center R & K LLC 1701 JFK Rd. Passec, aooroved and adopted this 16th day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved aooption of the resolution. Seconded by Nicholsor' Motion carried 7-0. Regular Session, October 16, 2000 392 RESOLUTION NO. 503-00 Whereas. applications for Beer Permits have beer submitted and filed to this Council for approval and the same have been examined and approved; and Whereas. the premises to be occupied by such applicants were ]nspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT RMK, LLC Ron's Discount Smokes & Beverage Cnt+(Sunday Sale) 1701 JFK Rd Eagle Food Centers, nc, Eagle Fooc Center Eagle Food Centers. Inc. Eagle Food Center #320+(Sunday Sa[e) 2050 JFK Rd Eagle Food Centers. Inc. Eagle Food Center ¢130+(Sunday Sale) 1800 Elm St Passed. approved and adopted this 16th day October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo[ moved adop~or of the Resolution. Secondeo Dy Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS: Applicants are invited to address the Council to eXDrsSS their desire to serve on the fo[lowing Boards/Commissions: HISTORIC PRESERVATION COMMISSION (Old Mai~ District): Applicant - Audrey Henson. Mrs Henson spoke requesting appointment. APPOINTMENTS to the following Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (Two Vacancies): Applicant David B. Czarnecki. Michalski moved that David B. Czarneoki be reaeeointed to a three year term which will expire 10-1-03. Seconded Dy Robbins. Mo'don carried 7-0. Michalski moved to suspend the 'ules to allow anyone present to adSress the Council if they so desire Seconded by Robbins. Motion carried 7.0. PUBLIC HEARINGS: South Fork Sanitary Sewer Connection Fee: City Manager recommending appreval of the South Fork Sanitary Sewer - Phase Connection Fee schedule Communications 2f property owners objecting to the proposed connection fee schedule, presented and read. 9uol moved that the communications be received ano tiled. Seconded by Nicholson. Motion carded 7-0 Roger Ritt and Mike Fettgether of N Cascade Rd. spoke objecting to [ne proposed assessment. An Ordinance Establishing the South Fork Sanitary Sewer Project- Phase II connection fee schedule for the connection of propers' to said City sewer, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 83-00 AN ORDINANCE ESTABLISHING THE SOUTH FORK SANITARY SEWER PROJECT PHASE II CONNECTION FEE SCHEDULE FOR THE CONNECTION OF PROPERTY TO SAID CITY SEWER Whereas, after full consideration of the final connectior fee scheduie showing the connection fees proposed to be made for the South Fork Sanitary Sewer Project - Phase II which schedule of connection fees was filed in the office of the City Clerk on rne 28th day of September, 2000: and Whereas the City Council has determined that the amounts shown on said schedule are proper and are n proportion to the benefits conferreo: and Whereas ~ne City Council further finds that the South Fork Sanitary Sewer Project - Phase II connecuon fee schedule should oe approved and adopted. NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. There is nereby established the South Fork Sanitary Sewer Project - Phase connection fee schedule [or the connection-of property to saic City sewer, attached 393 Regular SesSion, October 16, 2000 Section 2. At thetime of connection of property to said City sewer the owner shall pay a connection fee to the City, as shown on the schedule attached hereto in the full amount if the entire sroperty is connected to said City sewer, or pro-rated on the basis of the percen[age of area connected as to the total acreage, if only a portion of the property is connected. See~on 3. Such connection fee shall be clue and payable when a sewer connection application is flied with the City Engineer. All fees collected under this Ordinance shall be paid to the City Treasurer. Section 4 The C~ Clerk is hereby authorized and directed [o ceCdfy a copy of this Ordinance for recording in the office of the Dubuque County Recorder. Passed, approved and adopted this 16'th day of October 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved that the reouirement that a proposed Ordinance be considered and voted on for passage at [wo Council Meetings pdor to the meeting at which it is to be tinaliy passed be suspendec and further moved tinal consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. 3966 Asbury Road - Rezoning :~eeuesr: Proof of publication on notice of headng to consider rezonlng Droperb/located at 3966 Asbury Road from C-2 Neighborhooc Shop~ng Center District to R-1 Single Family :~esidential Distdct presented aaa 'eat Buol moved that the 9roof be received and tiled. Seconded Dy ~licholson. Motion carded 7-0. An Ordinance Amending Appendix A Ithe Zoning Ordinance} of the City of Dubuque Code of Ordinances by ,eelassifying hereinafter described 3roperty '~cated at 3966 Asbury Road from C-2 Neighborhood Shopping Center District to R-1 Single Family ~esidential District, presented and (OFFICIAL PUBLICATION) ORDINANCE NO. 84-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3966 ASBURY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R-I SINGLE- FAMILY RESIDENTIAL DISTRICT NOW. THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubueue Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-2 Neighborhood Shopping Center Distdct re R-1 Single-Family Residential District, as shown in Exhibit A, and re the center line of the adjoining public right-of-way, all in the City of Dubuque, iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubeeue. Iowa. Section 3. This ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adooted this 16th day of October, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October 2000. Jeanne F. Schneider City Clerk It 10/20 Bec moved that me requirement that a 9reposed Ordinance se considered and voted on for passage a[ two Council Meetings prior to the meeting a[ which it is ~o be final[y passed De suspended and further moved final consideration anc passage of the Ordinance Seconded by Nicholson. Motion carried7-0. 2001 Rockdale Road - Rezonlng Request: Proof of publication on notice of hearing to consider rezomng property located ar 2001 Rockdale Road from C-1 Neighborhood Commercial District and R-1 Single Family Residential District to CS Commercial Service and Wholesale District, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuoue Code of Ordinances by reclassifying hereinafter described property located ar 2001 Rockdale Road from R-1 Single Family Residential District and C-' Commercial District to CS Commercial Service and Wholesale District presented and read. Brenda Sullivar., as renter of 2001 Rockdale, SDOKe i11 favor of the Regular Session, October 16, 2000 39~t_ sroposed rezoning. Miche]le Malone and Mike Malone, 1999 Rockdale Roae, and Bill White of 2033 Rockdale all spoke objecting to the proposed rezoning. Markham moved that the public headng be tabled and that pa~e.~ [Ansels and Malones) and staff work together and use mediation to work ou[ differences. Seconded by Buol Motion carried 7-0 Mayor Duggan removed himself from acting on [ne following bNo Agenda items and Mayor Pro-Tern Markham took control of the meeting. 1105 Universit7 Avenue - Rezoning Request: Proof of publication on notice of hearing to consider rezoning proper~ located at 1105 University Avenue from C-3 General Commercial, with conditions, to R-3 Moderate Density Multi-Family Residential District presented and read. Robbins moved that the proof be received and tiled. Seconded by Nicholson. Motion carried 6-0. Nick Hancock spoke requesting zoning change [o allow property to be a ~our-plex. An Ordinance Amending Appendix A fthe Zoning Ordinance) of the City of Dubueue Code of Ordinances by reclassifying qereinafter asscribed propers/ located au 1105 University Avenue from C-3 General Commercial District with conditions, to ~-3 Moderate Density Multi-Family :~esidentia ~istric~ presented and 'ead. (OFFICIAL PUBLICATION) ORDINANCE NO. 85-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1105 UNIVERSITY AVENUE FROM C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS, TO R- 3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE. 3E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Appendix A (the Zoning Ordinance} of the City of Dubuque Code of Ordinances is hereby amended Dy reclassifying the hereinafter described property from C-3 Genera[ Commercia District, with conditions to R-3 Moderate Density Multi-Family Residential District. as shown ir Exhibi~ A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa Sectio~ 2. The foregoing amendment has heretofore been reviewed oy the Zoning Advisory Commission of the City of Dubuque, iowa. Sec'don 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of October. 2000 Terrance M. Duggan, Mayor Attest: Jeanne F; Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October. 2000. Jeanne F. Schneider, City Clerk It 10/20 RoLLins moveo that the rec Jirement that a proposed Ordinance be considered and voted on for passage a[ two Council Meetings pdor to the meeting a[ which it is to be finally passed be suspended and further moved final consideration ano passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0, Near 3160 Cedar Cross Cour~ - Rezoning Reques[: Proof of publication on ~otice of hearing to consider rezoning property located near 3160 Cedar Cross Court from AG Agricultural District to R-1 Single Family Residential District. presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carded 6-0. Dean Dolphin, owner of the properzy SpoKe in favc' of the proposed rezoning. An Ordinance Amending Appendix A fthe Zoning Ordinance] of the City of Dubuque Code of Ordinances by reclassifying hereinafter dsscribec properzy located at near 3160 Ceds- Cross Court frorr AG Agricultura! District to R-1 Single :amiiy Residential District. presented and (OFFICIAL PUBLICATION) ORDINANCE NO. 86-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES 395 Regular Session, October'16, 2000 BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR 3160 CEDAR CROSS COURT FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Appendix A (the Zoning Ordinancej of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District [o R-1 Single- Family Residential District, to wit: Lot 3 of Mineral Lot 221, and to the center line of the adjoining public right- of-way, ail in the City of Dubuque, Iowa. Section 2. The foregoing amendmem has heretofore beer reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately unon publication, as provided by [aw. Passed, approved and adopted this 16th day of October 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th cay of October, 2000. Jeanne F. Schneider City Clerk It 10/20 Duel moved that the requirement that a proposee Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting a[ which it is to ae finally oassed be suspended and further moved final consideration and passage of [ne Ordinance. Seconded by Michalski. Vlofion carded 6-0. Mayor Duggan regained control of the meeting. Kathy Drive - Jaeger Heights Subdivision -Rezoning Reauest: Proof of publication on notice of hearing m consider rezoning property located on Kathy Drive of Jaeger Heights Subdivision from R-1 Single Family Residential District to R-2 Two-Family Residential District :)resented anc read. Robbins moved that the proof of :)ublication be received and filed. Seconded by 3uol. Motion carried 7-0 An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kathy Drive from R-1 Single Family Residential Distdct [o R-2 Two Family Residential District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 87-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG KATHY DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuoue Code of Ordinances s hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to R- 2 Two-Family Residential Distdc[, as shown in Exhibit A, and to the center ine of the adjoining public right-of-way all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque owa. Section 3. This ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16th day of October 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th cay of October. 2000. Jeanne F. Schneider, City Clerk It 10/20 Robbins moved that the requirement that a proposeo Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended aha further moved final consideration aha passage of the Ordinance Seconded by Buol Motion carried 7-0. End of Julien Dubuque Drive - Rezoning Request: Proof of oublication on notice of heating [o consider rezomng property located at the end of Julien Dubuque Drive in conjunction with annexation from P Planned Regular Session, October 16, 2000 396 'ndusthal District and County AG to R-1 Single Family Residential District, presented and read. Dual moved that the proob be "eceived and flied. Seconded by MicheiskL Motion carded Wayne Buchheiz spoke in favor of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code Df Ordinances by reclassf~ng hereinafter described property located along Julian Dubuque Ddve from Pi Planned Industrial Disthct to R-1 Single Family Residential District, presented and read. Buol moved that the proofs be received and filed. Seconded by MichalskL MotJor carded 7-0. (OFFICIAL PUBLICATION) ORDINANCE NO. 88-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG JUUEN DUBUQUE DRIVE FROM PI PLANNED INDUSTRIAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 That A~oendL'( A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by 'eclassifying the hereinafter described property from Pi Planned Industrial District to R-1 Single-Family Residential District ro wit: Lot 1 of Lot i NW 1/4 of the NE 1/4. Lot 1 of Lot 1 of Fractional Government Lot 1, _at 1 of Rook Cut Subdivision. _ct A of Government Lot I and Lot 3 =factional Governmen~ Lot I all in Section 6, T88N, R3E 5th P,M., in City of Dubuque, Iowa. Section ~. The foregoing amendment has heretofore Been revleweo by the Zoning Advisory Commission of the City of Dubuque IOWa, Section 3. This ordinance shall lake effect immediately uocn ptlblication as provided by [aw. Passed. approved and adopted this 16th dayofOctaber, 2000 Torrance M Duggan, Mayor Attest: Jerome F, Schneider, City Clerk Published officially in the Telegraph Herald ~ewspaper this 20th day of October. 2000. Jeanne F. Schneider, City Clerk It 10/20 Buei moved that the requirement that a proposec Ordinance be considered and voted on for passage at two Council Meetings prior TO the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. ~otion carried 7-0. David Hartig - Text Amenament: Request of David HaYdg to amend the Zoning Ordinance to add limitations on the size of political signs, and communication from David Hartig relating [o political s~gns, and an Ordinance Amending Appendix A (the Zoning Ordinance) of the Code of Ordinances of the City of Dubuque, Iowa, by amending Section 4-3.5(c) pertaining m a size limitation for ;oli~cal signs, presented and reaa. Markham moved to receive and file the communications and to concur with the denial of the Zoning Advisory Commission. Seconded by Dual. Motion carried 7-0. City of Dubuque - Text Amen dmem: City of Dubuaue requesting to amend the Zoning Ordinance to delete the durational limits for polbical signs, presented and read. Micha]ski moveu that the communication De received and flied. Seconeed Dy Nicholson Motion carded 7-0 Ar Ordinance Amending ~ne (the Zoning Ordinance) of the Code of Ordinances of tne C~ of Dubuque, Iowa, by amending Section 4-3 regulating political signs by deleting me duratiBnal limitations for such signs, Bresented anc read. (OFFICIAL PUBLICATION) ORDINANCE NO. 89-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY AMENDING SECTION 4-3.5(C) REGULATING POLITICAL SIGNS BY DELETING THE DURATtONAL LIMITATIONS FOR SUCH SIGNS. NOW, 'THEREFORE. BE T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, tOWA: 397 Regular Session, October 16, 2000 Section I Appendix A (the Zoning Ordinance) of the City of Dubuaue Code of Ordinance is hereby amended by amending Secfion 4-3.5(c) as follows: 4-3.5. Exempted signs. The following types of signs are exempted from the requirements of the Ordinance: (C) Political signs. Such signs shall not be placed in any public right of way or in visibility triangles as defined n Section 4-4.6(5) corner lots. Secrion 2. That the foregoing has heretofore been reviewed by the 7on[ng Advisory Commission of the City of Dubuque, iowa. Section 3. This Ordinance shall take effect immediately upon publication. Passed, approved and adopted this 16th day of October 2000 Torrance M. Duggan, Mayor Attest: Jeanne F, Schne[deL City Clerk Published officially in the Telegraph Herald newspaper this 20ffi day of October, 2000 Jeanne F. Schneider,.City Clerk It 10/20 Michalski moved that the reouirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pnor to the meeting at which it is to be finally passed De suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Morion carried 7-0 Pine Street - Request to Vacate: City Manager recommending approval of the disposition of the westerly 17 feet of Pine Street right-of-way to Sadier Power Train, Inc., presented and read. Robbins moveo that the communicarion be received and filed. Seconded by Markham. Motion carried ?.0. RESOLUTION NO. 505-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 212A OF EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas oursuant to resoJu*Jon and published notice of time and place of heaitng, oubl[shed in me Telegraph Hereld a newspaper ef general circularion oublished in the City of Dubuque, Iowa or~ 6th day of October, 2000, the City Council of the City of Dubuque, cwo met on the 16th day of October, 2000. at 6:30 P.m. in the gublic Library Auditorium, 11th and Locust Dubuque, Dubuque, County mwa [o consider the proposal for the sale of real estate described as Lot 212A of East Dubuoue Addition in the City of 3ubuoue, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all I objections, ora[ or wdtten to me proposal [o sell such rea[ estate. except for easement as noted. NOW THEREFORE. 3E T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 212A of East Dubuque Addition in the City of Dubuque, iowa to John b Sad[er and Nathan J. Sadler, as tenants in common, be and ti- ~ same is hereby approved for me sum of $3.648.00 plus cost of pubiicarion platting and Qling fees. Conveyance shall be by Quit Claim Deed Section 2. The City of Dubuque reserves unto itself a perpetua[ easement including the right of ingress and egress thereto, for the purpose of erecring, installing, construction reconstructing, repairing, owning, ooerefing, and maintaining water, sewer, drainage gas telephone, t.v. cable, and electric lines as may De authorized by the City of Dubuque, Iowa as indicated on the Plat of Survey of Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed [o execute a Quit Claim Deed ana [he City Clerk be and is hereby authorized and diremeD to deliver said deed of conveyance to John L Sadler and Nathan J. Sadier, as tenants i- common. Jpon receipt of the purchase pdce in full. Section 4. In consideration for the conveyance of the foregoing property, Johr b Sadler and Nathan J Sadler as tenants in common, agree that they shall eacn permanem~y screen a outdoor storage now or hereafter ocated or me property conveyed ~ursuant to this resolution, Jo that such ~utdoor storage cannel be seen from anywhere outside the orem~ses, including but not limited to the elevatec highway adjacent to the property. The foregoing requirement shall be set forth in the form of a restrictive covenant ir the deed of conveyance and may be enforced by the grantor by injunctive or pther appropriate relief. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this 'esolufion in the office of the City Assessor, Re.qular Sess on, October 16, 2000 398 Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this t6th day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbths moved adoption of the Rssolu~om Seconded by Markham. Motion carried 7-0. West of Cousins Road on Seippel Road - Re. zoning Request Proof of publication on notice of hearing to consider rezoning property located west of Cousins Road on Seippel Road from AG Agdcuitural District to C-3 General Commercial District, presented and read. Markham moved that the proof be received and filed. Seconded by Buoi. Motion carded 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassitying herethat~er described properly located along Seippel Road, west of Cousins Road; from AG Agricultural District to C-3 General Commercial Distr~ct, presented and read, (OFFICIAL PUBLICATION) ORDINANCE NO. 90-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG SEIPPEL ROAD; WEST OF COUSINS ROAD, FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to C-3 General Commercial District, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, to wit: Lot 2 of 1 and Lot 2 of 2, South Fork Industrial Subdivision No.1, Section 31, T89N, R2E of 5th P.M,, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Section 2, The foregoing reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3 This ordinance shall take effect immediately upon publication, as provided by law Passed. approved and adopted this 16th day of October, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October, 2000. Jeanne F. Schneiden City Clerk It 1020 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finaliy passe(] be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carded 7-0. Plastic Center. Inc.: City Manager recommending approval of the dispos~on pf real property by deed [o =lastic Center, Inc. and approval of an agreement with Plastic Center for the acquisition of property owned by Plastic Center. Inc. on the Fourtl' Street Peninsula, presented and read Cline moved thai the communicatio~ De received ane flied Seconded Dy Nicholson. Motion carded 7-0. RESOLUTION NO. 506-00 DISPOSING OF THE CITY OF DUBUQUE'S INTEREST IN REAL PROPERTY BY DEED TO PLASTIC CENTER, INC. AND APPROVING AN AGREEMENT WITH PLASTIC CENTER FOR THE ACQUISITION BY THE CITY OF DUBUQUE OF REAL PROPERTY OWNED BY PLASTIC CENTER, INC. ON THE FOURTH STREET PENINSULA Whereas. the City of Dubuque, owe (City) is the owner of the following real property (the Property): Lot 2 of 1 and Lot 2 of 2 of South Fork industrial Subdivision No. 1, Section 31, Township 89 North Range 2 East of the 5th P.M_ in Dubuque County, Iowa according to me recorded ;lat thereof consisting of 46 acres more or less. And Whereas. Plastic Center ~nc. (Plastic Center} is the owner of certain rea] property located on the 4th Street Peninsula which City desires to acquire; And Whereas. City and Plastic Center ~ave entered nto an Agreement, a copy of which is attached 399 Regular Session, October 16, 2000 hereto, pursuant to which City will convey the Property ta Plastic Center and in consideration for which Plastic Center will convey certain property to Cfty; And Whereas, on October 16. 2000. the City Council pursuant to nofice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the PropeRy and overruled all objections thereto: And Whereas, the City Council finds that it is in the best interest of the City to approve the Agreement and the disposition of the Property as provided in the Agreement. NOW. THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreemem attached hereto anc the disposition of the above-described Property is hereby aooroved. The Mayor ~s hereby authorized and directed to execute the Warranty Deed attached hereto disposing of all of the City's right, fitle and interest in the foregoing-described Prope~ to Plastic Center Inc. Section 2 The City Clerk is hereby authofizec and directed to cause this Resolution to be recorded with the Dubuque County Recomer. Passed, approved and adopted this 16th cay of October. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adootion of the Resolution. Seconded by Nicholson. Motion carried 7-0. ~eavey Company- Disposition of Property: City Manager recommending approva of the disposition of City- ownea DrODer[y by [ease to Peavey Company and approva; of an agreement [o eurcnase real property from Peavey Company, presented and reaa. Michalski moved that the communication De received and filed. Seconded by Nicholson Motion carried 7-0 Loras Pape. as a taxpayer, spoke objecting to the high orice being eaid for [he property ane the ~ow selling price RESOLUTION NO. 507-00 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE TO CON AGRA INC., D/BIA PEAVEY COMPANY AND APPROVING OF AN AGREEMENT TO PURCHASE REAL PROPERTY FROM CON AGRA INC., D/B/A PEAVEY COMPANY Whereas the City of Dubuque. Iowa (City) is the owner of the real property legally described as follows: Lot 9 Block 4, River Front Subdivision Dubuque Iowa, the City Property; And Whereas, Con Agra mc., D/B/A Peavey Company (Peavey) desires to lease the City Property for the purpose of storing commodities and other river related business activities upon the terms set forth in the Lease Agreement attached hereto; And Whereas. Peavey Company is [he owner of the rea[ property legally described as follows: All lots 39A, 19. 1-18, 1-17, 1-1-16 of Block 26; all of LOtS 11 through 25 inclusive 1-26. 1- !7, 1-1-28, 1-9, 1-8, 1-1-7, 39A, 39B, ~ar[ of Lot 10. all of Block 22; All of Lot of Public Square All of Lots 1-20 thru -33 inclusive. Lot 39A of Block 11 (the Peavey Property); And Whereas. the Cfty desires purchase the Peavey Property for develoement of the Fourth Street Peninsula upon the terms set forth in [ne Offer to Buy Real Estate and Acceptance attached hereto: And Whereas, the City Council held a public headng on the City's intent to dispose of the foregoing descdbed City Property on the 16th day of Octobel. 2000 pursuant to nofice as required by law. and following the public hearing overruled all objections thereto; NOW. AND THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: IOWA: Section 1. The Cit7 Council of the City of Dubuque hereby approves of the Lease Agreement with Con Agra nc. D/B/A Peavey Company, at[ached nereto, for the above-described City Propers. Section 2. The City Council of the City of DubL que hereby approves the Offer m Buy ~eal Estate ana Acceptance with Con Agra Inc., D/B/A Peavey Comoany attached hereto. Section 3 The Mayor is hereby authorized and directed to sign the Lease Agreement and Offer [o Buy Rea Estate on behalf the City of Dubuque Section 4. The City Clerk is hereby authorized and directed to 'ecord this Resoluuon with the Dubuque County Recorder. Passed approved and adopted this 16th day of October. 2000. Torrance M. Duggan, Mayor Attest: deanne F. Schneider, City Clerk Micha!ski moved aooption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 4OO Reqular Session, October 16, 2000 Fiynn Ready-Mix - Disposition of Property on Kerper Court: City Manager recommending approval of the disposition of City-owned property on Kerper Court to Flynn Ready-Mix and a development Agreement with Flynn Ready-Mix Concrete for the sale and development of Kerper Court property, upon motion received and tiled. Markham moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0: RESOLUTION NO. 508-00 RESOLUTION APPROVING A DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE AND PRIVATE DEVELOPMENT OF LOT 1- 2, LOT 2A AND LOT 6 OF KERPER iNDUSTRIAL PARK IN THE CITY OF DUBUQUE, IOWA, TO FLYNN READY-MIX CONCRETE COMPANY Whereas, this Council. by Resolution No 496-00 dated Octoeer 2, 2000, declared its intent to enter into a Development Agreement with Flynn Ready-Mix Concrete Company for the sale and development of Lot 1-2, Lot 2A and Lot 6 of Kerper Industrial Park in the City of Dubuque, Iowa, (the Property); and Whereas, pursuant ts published notice, a public hearing was held on the proposed disposition on Octobe' 16. 200{:. at 6:30 p.m. at the Carnegie- Stout Public Library Auditorium, 360 W. 11th Street. Dubuque, iowa.; aha Whereas, it is the determination of this Council that approval of the Development Agreement for the sale to and development of the property by Flynn Reaay-Mix Concrete Company according to the terms and conaitions set out in the attached Development Agreement is in the public interest of me citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC L OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. That the attached Development Agreement by and between the City of Dubuque and Flynn Ready-Mix Concrete Company and the sale of the Property to Flynn Ready-Mix Concrete Company is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Propere, as orovided in the Development Agreemen[ Section 4. That the City Manager is authorized to lake such actions as are necessary To comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 16th day of October. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, Cit~ Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2001 Budget Amendment: City Manager recommending approval of an amendment to the City of Dubuque's Fiscal Year 2001 ouege[, presented and read. Micha[ski moved that me communication be receivee ana fl~ed. Seconded by Nicholson Motion carried 7-0 401 Regular Session, October 16, 2000 RESOLUTION No. ~09-00 Michalski moved adootion of zne Resolution. Seconded by Nicholson. Motion carried 7-0. Markham moved that me rules De 'einstated limiting discussion m the Council. Seconded by Robbins. Motion carried 7-0. ACTION ITEMS: 1266 Central - Projecting Sign: City Manager recommending approval of a nght-of-way encroacnmen[ (projecting sign) at 1266 Central at the reauest of Colleen Wallace oresented and reaa. Robbins moved that the oommunica'don be received and flied. Seconded by Nichoison. Motion carried 7~0. An Ordinance .Authorizing Colleen Wallace to Construct a Projecting Sign at 1266 Central presented and rea(]. {OFFICIAL PUBLICATION) ORDINANCE NO. 91-00 AN ORDINANCE AUTHORIZING COLLEEN WALLACE TO CONSTRUCT A PROJECTING SIGN AT 1266 CENTRAL NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Colleen Wallace. as the owner of the premises Known as 1266 Central, Dubuque, ~owa, legally described as South 1/2 of North Middle 1/5 of City _ct 445. 3e and ~s hereby granted the 'evocable cermet ana authority To construct and maintain a projecting sign under the terms aha conditions set forth in this Qrdinance. Section 2. That such construction shall be done in accordance with plans Regular Session, October 16r 2000 402 heretofore submitted by permittee and approved by the City Manager, under the supe~ision and direction of the City Manager, and in accordance with ali appticabie state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittee's agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location installation construction or maintenance of said projecting sign; and c. Procure and maintain in force dudng the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule: and c. Pay on behalf of the City of Dubuoue, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed uoon the City of Dubudue for damages of an'y kind resulting from the Iocatior,, installation, existence, construction or maintenance of said projecting sign sustained by any person or persons, caused by accident or otherwise ro defend at its own expense and on behalf of said City any claim against tne City of Dubuque adsing out of the location installation, existence construcuon or maintenance of the projecting sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque flee 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 of Dubuque which may occur as a 'esult of or n connection with the ocauon. installation, existence, construction maintenance and repair of the facility, WOrK or improvement permitted herein. Section 4. That the permission herein granted is excressly conditioned upon permittee's further agreement that should the right aec privilege qerein granted be rescinded or revoked by the City Counci permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said projecting s~gn and in the event of their failure To do so, the City of Dubuque shall be authorized to remove said projecting sign at permlttees' expense and dispose of the same and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said property sign. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, · location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or proper~y damage against the permittees arising out of or in any way connected with the location, nsta[lation construction design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Colleen Wallace when this Ordinance has been adonted by the City Council and the terms and conditions thereo~ accepted ~)y permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to fife at permittees' expense a copy of this ordinance ir me Office of Tne Recorder in and for Dubuque County, owa. Passed approved and aeocted this 16th day of October. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk ACCEPTANCE OF ORDINANCE NO. 91-go I Colleen Wallace the undersigneQ having read and being familiar with the Terms ano conditions of Ordinance No. 91-00, hereby, for themselva~ their successors or assigns, as owners of the abutting proper~y, accept the same and agree To be bound Dy [ne conditions and agreements therein contained to be certormed by permittees. By:/s/Colleen Wallace Title:/s/Owner Dated: Seotember 27. 2000 Published officialty in the Telegraph Herald newspaper this 20th day of October 2000 Jeanne F. Schneider. City Clerk It 10/20 Robbins movea mat the requirement mat a proposed Ordinance 3e considered and voted on for passage at two Council Meetings prior To the meeting at which 't is to be finally passed Ge suscended anc further movea final consideration and passage of the Ordinance Seconded Dy 403 Regular Session, October 16, 2J)00 Nicholson. Motion carded 7-0. Review Process for Projecting Signs: City Manager recommending adoption of an Ordinance streamlining the rewew process for projecting signs, presented and read. Markham moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances, Chapter 41, Streets. Sidewalks, and Public P1aces by amending Article VL Encroachment on Public Places, by adding a new Division 4. Projecting Signs; regulating s~gns projecting over public places, presentea and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 92-00 AN ORDINANCE THE CITY OF DUBUQUE CODE OF ORDINANCES, CHAPTER 41, STREETS, SIDEWALKS AND PUBLIC PLACES, BY AMENDING ARTICLE VI, ENCROACHMENT ON PUBLIC PLACES, BY ADDING A NEW DIVISION 4. PROJECTING SIGNS, REGULATING SIGNS PROJECTING OVER PUBLIC PLACES, Whereas, the City Council desires to streamline the permit review ane approval process for signs that comply with applicable regulations for projecting into public places NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE IOWA: Section 1 That Article VI. Encroachment on Public Places of Chapter 41, Streets, SidewalKs ant Public Places, of the City of Dubuque Code of Ordinances ts hereby amended by adding the following new Division 4, Projecting Signs: DIVISION 4. PROJECTING SIGNS Section 41-149. Definitions: The following words when used ir this Division shall have the following meanings: Projecting Sign: A sign which projects from and is supported by a wall of a building or a structure, and which e~'~enos over a pUb[lC place. Projection: The distance by which a projecting sign extends over a public D[ace. Public Place. or Places: Public grounds, streets, sidewalks alleys bridges, culverts, overpasses underpssses, grade cross~ng separations and approacnss public ways, squares and commons. Section 41-150. Permit reouired: No person, tirm or corporation shall place and/or maintain any projecting sign without first obtaining a cermit thereof, complying with all applicable local, stale and federal regulations providing acceptable 3roof of liability insurance and paying the permit fee, all as provided in this Division (Code 1976 § 33-106). Section 41-151. Application for Permit: Any application for a permit for a projecting sign shall ge filed with the Building Official on a form provided by the Building Official not less than seven (7) days pdor to the date the projecting sign is to be installed. Section 41-152. Permit Fees: The applicant shall pay the perm,[ fee to the City for each projecting at the time of the filing of an application for each projecting sign. Section 42-153. Compliance with Zoning Ordinance: (a) The Building Official shall not issue a permit for any projecting sign wh!ch does not comply with the s~gn regulations set forth in the Zoning Ordinance (Appendix A of this Code of Ordinances) as to projection s~ze. number and other zoning restrictions, (b) If the Zoning Board of Adjustment nas granted a variance from the sign regulations set forth in the Zoning Ordinance for a projecting sign, the sign shall be deemed to De in comoliance with the Zoning Ordinance. (c) If the projection for a sign exceeds the allowable projection set forth in the Zoning Ordinance. the Public Works Director or his/her designee shall -hake a recommendation to the City Council. The Building Official snail not issue a permit for the sign unless it is approved by the City Council. Section 42-154. 'Compliance with Historic Preservation Ordinance: The Building Official shall not issue a permit for any projecting sign which does not comply with the regulations set forth in Chapter 25. Historic Preservation of this Code of Ordinances. Section 42-155. Maintenance: The permit holder for each projecting sign for which a permit is issued shall: (a) Maintain the sign in a goo~ state of repair; and (b) Construct the sign of such materials as m meet all local, state and federal regulations governing the construction and installation of signs. Sec'don 41-156. Hold Harmless: Regular Session, October 16, 2000 4O4 The oermit holder shall enter into a hold harmless agreement with the City of Dubucue for any projecting sign prior To issuance of the permit, which shall require that the permit holder pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of an~. kind resulting form ~ne placement or maintenance of a sign, whether sustained Dy any person or personE, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the placement or mainmnance of said sign. Section 41-157. Insurance: (a) Pdor to the issuance of a permit for a projecting sign proof of insurance shall be furnished m the Building Official by the owner and/or occupant of the aremises. (b) Coverage shall include such comprehensive public liability and proter[y damage insurance written by an insurer licensed [o do business n the State of Iowa as shall orotect the City dudng the life of the projecting sign from claims or damages, oersona[ Injury, including accidental death, as we as claims for property damages which may adse from the existence of the sign in such a manner as to impose lability on the City, and the amounts of such insurance shall be as reauired by the City Manager. (c) Such insurance shall name the City as an additional insured. to) Each owner and/or occupant of the oremlse reouired to furnish proof of nsurance shah also maintain on file with the Building Official a certificate evidencing that the insurer will give the Building Official thirty (30) days written notice prior [o termination or cancellation of the required insurance. (e) Upon notice of cancellation or termination of insurance or expiration of proof of insurance, the Building Officia~ shall notify me owner and/or occuoant of the premise for which Drool of rnsurance is required by certified mail. that the projecting sign or signs are in violation of this Division and shall be removed by the date stated in the notice. Section 41-158. -~xclusion: The permit holder shall agree in writing pdor to the issuance of a permit to the following: (a) ,The permit holder by acceptance of a permit, covenants and agrees that the revocable permit granted does no[ constitute aD9rovaf of the design, constructi¢ ~ reBait of maintenance of any projecting sign. fbi The permit holder, by accee[ance of a permit, covenants and agrees not to assert a claim or defense against the City in the event of clairr asserted for death, oersonal injuries and/or property damage against the permit holder arising out of or In any way connected with the design construction repair or maintenance of projecting sign or signs ror which a permit is issued. Section 41-159 Revocatior (a) A permit granted under this Division shall ;e revocable uoon ten (10) oays written notice to the oermit holder at the convenience of the City. A permit also may be revoked or no[ renewed for failure to comply with the requirements of this Division or any other applicable legal requirements or for fraud, deceit or m~sreoresentation in connection with a- application for a permit (b) in the event of sucn revocation the Building Official shail notify the permit holde~ in writing of such revocation .or refusal of renewah specifying the reasons therein for such refusal. The permit holder or 2ermit holder's successor in interes[ may petition the City Council for 8 hearing on such refusal within thirty (30) days of receipt of the Building Official's letter. (c) The oermit holder, within thirty (30) days of receio[ of a writter notice from the Building Official to remove a projecting sign, shall at the permit holder's expense remove such sign. [n the event of the permit holder's failure to do so. the City of Dubuque shall remove the sign at ti' ~ permit no,ears expense and disoose of the same. The uermit holder shall agree in wdting prior to the issuance of a permit to make no claim against the City or its agents for carnages resulting from the removal of said sign (d) Nothing in this section shah preclude the Buildlng Official from giving immediate notice To a :)ermit holder to remove a projecting sign in the event such sign has been damaged or has been moved or otherwise p~aceo to cause an ~mmediate threat to public safety. In the even[ the sign is qot removed within seven (7) days of such notification, the Building Official shall remove such sign as provided in subsection (c) above. Section 2 This ordinance shall take effect immediately upon publication, as provided by law Passed. approved and adopted this 16th day of October 2000. 405 Regular Session, October 16, 2000 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October, 2000. Jeanne F. Schneider City Clerk It 10/20 Markham moved that tne requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Garfield Place Urban Revitalization Area: City Manager recommending the adoption of a revised ordinance approwng the proposee Garfield Place Urban Revitalization Area, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carriec 7-0. An Ordinance Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area ~ursuant to Chapter 404 of the Code of owa. said Ordinance having ueen 2resented and read au the Council Vleeting of 9/18/00. now presented for amendment and fur[her action. (OFFICIAL PUBLICATION) ORDINANCE NO. 82-00 AN ORDINANCE ESTABLISHING THE GARFIELD PLACE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Garfield Place Urban Revitalization Area as hereinafter described shall hereafter be designated an urban revitalization area ~)ursuant to Cha~3ter 404 of the Code of iowa 1999 to wit: Lot 1 of Lot 1 of Lot 3 of tne subdivision of Mineral Lot 113A, in the City of Dubuque, Dubuque County Iowa according to me recorded plat thereof. Section 2. That the Garfield Place Urban Revitalization Area 31an as hereto attached is hereby adopted and approved and the properties 'within said described area shall be subject to the prows~ons of said Plan. Seotior 3. That the Garfield Place Urban Revitalization Area Plan shall hereafter be on file in the City Clerk's Office, City Hall. Dubsque, Iowa. Section 4. That the City Clerk is hereby authorized and directed m publish this Ordinance on or after October 19, 2000, prowoeo that no valid petition has been received by the City Clerk pdor to that date requesting a second public hearing, and in the event such petition has been received. then this Ordinance shall 9e null and void. Passed. approved and adooted this 16TM day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October. 2000. Jeanne F. Schneider. City Clerk It 10/20 Buol moved that the reeuirement that a orooosed Ordinance ee considered and voted on for passage at two Council Meetings prior to the meehng at which it is to be fina y passed ee suspended ane fur[her moved final consideration and passage of tne Ordinance. Seconded ey Nicholson. ~4ofion carded7-0. Expanded Parking Meter District: An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-336 establishing the municipa parking meter district by including both sides of Bluff Street from 3rd Street to 8th Street said Ordinance having been presented and read at the Council Meeting of 10/2/00 now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 93.00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-336 ESTABLISHING THE MUNICIPAL PARKING METER DISTRICT BY INCLUDING BOTH SIDES OF BLUFF STREET FROM THIRD STREET TO EIGHTH STREET NOW, THEREFORE BE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. Sec. 32-336 of the City of Dubuque Code of Ordinances is amended by deleting the reference To "Bluff Street, both sides, between Third Street and Seventh Street" and substituting n lieu thereof the following: NORTH-SOUTH STREETS Regular Session, October 16, 2000 4O6 Bluff Street, both sides, between Third Street and Eighth Street. Passed, approved and adopted this 2nd day of October, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October, 2000. Jeanne F. Schneider, City Clerk It 10/20 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yees--Buol, Duggan, Markham, Micha[ski, Nicholson, Robbins. Nays--Cline. Asbury Road - No Parking: City Manager recommending approval of an amendment to the Code of Ordinances prohibiting parking on portions of Asbury Road, presented and read. Buo[ moved that the communication be received and flied. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending Section 32- 262(d) of the City of Dubuque Code of Ordinances, prohibiting parking on designated streets or portions thereof by deleting portions of Asbury Road, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO~ 94-00 AN ORDINANCE AMENDING SECTION 32~262 (d) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING PORTIONS OF ASBURY ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by deleting from Subsection (d) of Section 32-262 the following: Asbury Road, both sides, from John F. Kennedy Road to the westerly City limits; north side, from St. Ambrose Street to Bunker Hill Drive and from Clarke Drive to Woodlawn Street. SectiSn 2. That the Code of Ordinances of the City of Dubuque, iowa is amended by adding to Subsection (d) of Secfion 32-262 the following: Asbury Road, both sides, from John F. Kennedy Road to the westerly City limits; north side, from St. Ambrose Street to Bunker Hill Drive and from Clarke Drive to Woodlawn Street: south side, from John F. Kennedy Road to a point one hundred ten (110) feet east of Ctissy Drive. Passed, approved and adopted this 16th day of October, 2000. Terrance A; Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 20th day of October, 2000. Jeanne F. Schneider, City Clerk It 10/20 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at. which it is to be finally passed be. suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Genera[ Obligation Bonds: City Manager recommending the advertisement for sale of $61265,000 General Obligation Bonds, Series 2000C, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 501-00 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2000C WHEREAS, the City of Dubuque, Iowa, iS in need of funds to pay costs of aidJn.g in the planning, undertaking and carrying out of urban renewal project acfivifies under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District, including but not limited to the construction of a structured Parking facility located at Thkd and Main Street, an essential corporate purpose project,. and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $5,600,000 as authorized by Section 384~25 of the City Code of Iowa; and WHEREAS, pursuant to notice /*07 Regular Session, October 16, 2000 published as required Dy Sections 384.24 and 384.26 of the City Code of Iowa. this Council has held a public meeting and headng on September 18, 2000 upon the proposal to institute proceedings for the issuance of the above described bonds; ano no ~etition was filed in the manner provided by Section 362.4 of the City Code of Iowa. pursuant to the prows~ons of Section 384.26 of said Code; ana it is the decision of the Council that additional action be taken for the issuance of said bonds and that such action is considered to be in the best interests of said City and the residents thereof: WHEREAS the City of Dubuque, Iowa, is in need of funds to pay costs of construction of improvements at the Dubuque Regional Airport, including those costs associated with the rehabilitation and improvement of existing T-hangar airplane facilities and the construction of new T-hangar a~rplane facilities an essenfia] corporate purpose project, and it is deemed necessary and advisable that the City issue general obliga'don bonds for said purpose to the amount of $665,000 as authorized by Section 384.25 of the CK7 Code of Iowa: and WHEREAS pursuant to notice publishe¢ as reauired by Section 384.25 this Council has held a public meeting and hearing on October 2. 2000, ucon [ne proposa~ To institute proceedings for the issuance of the above described bonds, and all objections, if any, to such Council action maae by any 'esident or property owner of said City were received and considered by the Council: and ~t is the decision of the Council that additional action be taken for the issuance of said bonds, and that such action is considered to be in the best interests of said City and the residents thereof; WHEREAS. pursuant to Section 384.28 of the City Code of Iowa. it is deemec appropriate that the various general obligation bonds nereinabove described be combined for purposes of issuance and sale in a single issue of corporate ~urpose bonds as hereinafter set forth. qOW, THEREFORE. BE IT RESOLVED BY THE CiTY OOUNOIL OF THE CITY OF DUBUQUE IOWA: Section '[.Thaz the sonos hereinafter described De offered az public sale pursuant [o advertisemem as requited by law Section 2. That the Clerk is hereby directed to ~ub]ish '~o[~ce of sale of said bonds at least once, the last one of which shall be not less than four nor more tnan twenty clear days before the date of the sale. Publication shall be made in the Telegraph Herald. a legal newspaper, printed wholly in the English language, published within the ceun[y in which the bonds are To be offered for sale or an adjacent county. Saic notice is given pursuant [o Chanter 75 of me Code of Iowa, ana shall state that this Council on the 24th day of October 2000. at 4:30 o'clock P.M. will hold a meeting to receive and act upon ~ids for saic bonds; said notice [o be in substantially the following form: Time and Place for Receiot of Bids: Sealed bids forthe sale of bonds of the City of Dubuque. Iowa. will be received by the Director of Administrative City Hall, 50 W. 13th Street. CKy of Dubuque, Iowa (the "issuer") until 11:00 o'clock A.M.. on the 24th day of October. 2000. Bids may a~so be sent by facsimile transmission until said time to Speer Financial. Inc., the financial advisor to the City, as set forth in the Official Statement hereinafter described. All bids will then be publicly meeting of the City Council as stated below. of the bonds will be held in Conference Room Bin the City Hall a[ a meeting of the City Council on the above date az 4:30 o'clock P.M. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS. SERIES 2000C, in the amoum ot $6.265.000, to be dated November 1 2000 (the "Bonds"). issued an Official Statement of information pertaining to the Bonds to be offered including a statement ofthe Terms of Offerinp and an Official Bid Form. which is ncorporated by reference as a part of this notice. The Official Statement may be obtained by reauest addressed to the City Clerk. 50 W. 13th Street, Dubuque Iowa 52001 (telephone: 319/589-4100) or the financial advisor To the City, Speer Suite 500. Watedos, owa 50701 (telephone: 319/29%2077). Terms of Offering All bids sha! be in conformity with and the sale shall be in accora wiffi the Terms of Offering as set forth in the Official Statement. Regular Session, October 16, 2000 408 Legal Opinion: Sairi bonds will be sold subject [o the opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & AIIbee. P.C., Attorneys of Des Moines, Iowa as to the legality and their opinion will be furnished together with the printed bonds without cost m the purchaser and all bids w~ll be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds the attorneys will not examine or review or express any opinion with respect To the accuracy or completeness of documents, materials or statements made or furnished in connec'don with the sale, issuance or marketing of the bonds Ridhts Reserved: The right is reserved to reject any or all bids. and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, iowa. Jeanne F. Schneider City Clerk of the City of Dubuque, iowa (End of Notice) PASSED AND APPROVED this 16th day of October, 2000. Torrance M. Duggan Mayor ATTEST: Jeanne F. Schneider. Clerk Buol moved adoption of the Resolu'den. Seconded by Nicholson. Motion carded 7-0. Aliiant Energy - Geothermal Construction Ordinance: City Manager recommending approval of a Geothermal Construction Ordinance as requested by AIliant Energy, presented and read. Michalski moved that the communication be received and filed. Seconded by Buo]. Vlotion carded 7-0. An Ordinance Authorizing Alliant Energy/Interstate Power to construct a geothermal system, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 95-00 AN ORDINANCE AUTHORIZING ALLIANT ENERGY/INTERSTATE POWER TO CONSTRUCT A GEOTHERMAL SYSTEM NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Alliant Energy/Interstate Power as the owner of the premises known as 1000 Main Street, Dubuque, Iowa, and legally described as CL37 and Lo~s A, B, and C of CL 37 be and they are hereby grante(~ the revocable permit and authority to construct and maintain a geotherma! system under the terms and conditions set forth n this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees ano approved by the City Manager, under [he supervision and direction of the City . Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittaes' agreement to: a. Assume any and all [iabil~ for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said geothermal system; and 3. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shst oecome obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resul~ng from the location. installation, existence, construction or maintenance of said geothermal system sustained by any person or persons, causec Dy accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque anslng out of the location, installation existence construction or maintenance of geothermal system and To pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free ano 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 n connection with the location, installation, existence construction, maintenance and repair of the facflity, work or improvement permitted herein. Section 4. That the permission herein granted is expressly condltJonec upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoKea Dy the City Council. permittees, or their successors In interest as owners of the /409 Regular Session, October 16, 2000 abutting propertT, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own exeense, remove said geothermal sys[em and in the event of their failure to do so, the City of Dubuque shall be authonzed to remove said geothermal system at permittees' expense and dispose of the same and the permittee shall nave no claim against the City or its agents for damages resulting from the removal of said geothermal system. Sec'don 5. That permitteas 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 injunes and/or property damage against the permittees arising out of or in any way connected with the location installation construction, design, repair and maintenar[ce of the facility herein permitted. Section 6. This Ordinance shall become effective and the dghts hereunaer accrue to Alliant --nergy when this Ordinance has been adopted by the City Council and the terms and conditions thereof acceptec by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the O~ce of rne Recorder in and for Dubuaue County, Iowa. Passed, appreved and adc 2ted this 16th day of October, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 95-99 The undersigned having read anc ~eing 'ami[iar with the terms anc conditions of Ordinance No. 95-00 hereby, for themselves, their successors or assigns, as owners of the abu~ng property, accept the same ana agree m be bound by the conditions and agreements thereir contained [o be oerformed by permittees By: Dale R. Sharp Title: President, interstate Power Co. Dated: 10/9/00 Published officially in ~he Telegraph Herald newspaper this 20th day of October 2000. Jeanne F. Schneider, City Clerk It 10/20 M[chalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded ey Buo[ Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Easement with K]auer Manufacturing Company: City Manager recommending that a public hearing be set for November 6 2000 to consider an ingress/egress easement with Klauer Manufacturing Company, presented and read. Bual moved that the communication be received and filed Seconded Dy Nicholson. Motion carried 7-0. RESOLUTION NO. 510-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST IN REAL PROPERTY BY GRANTING AN INGRESS/EGRESS EASEMENT TO KLAUER MANUFACTURING COMPANY ADJACENT TO THE NORTH END NEIGHBORHOOD BIKE/HIKE TRAIL FROM 22ND STREET TO 32ND STREET IN THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, owa. has negotiated an ingress and egress easement with Klauer Manufacturing Company adjacent to the North End Neighborhood Bike/Hike Trail from 22nd Street to 32nd Street along me abandoned railroad ~ight-of-way owned Dy the City of Dubuque, Iowa, all in the City of Dubuque. iowa NOW THEREFORE BE IT ~ESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City of Dubuque intends to disoose of an interest of the City of Dubuque, Dubuque County iowa, n real property by grentmg an ingress and egress easement over and across par[ of the abandoned railroad right-of-way from 26th Street to abutting Lots 281 and 282. in Glendale Addition m Klauer Manufacturing Company, 2600 Washington Street. Section 2. That the City Clerk be ane is hereby authorized ane directed to 6ause notice to be published as prescribed under Section 364.7 of the Code of Iowa. Passed approved and adooted this Reqular Session, 16th day of October, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for public headng on 11/8/00 at 6:30 P.M. in the Public Libra~, Auditorium and that the City Clerk pubiish notice in the manner prescribed by taw. Seconded by Niche[son. Motion carded 7-0. Riprow Valley Project - Voluntary Annexation: City Manager recommending that a public headng be set for November 6, .2000 to consider a voluntary annexation request for the Riprow Valley. project, presented and read. Michalski moved that this be set for public heating on 11/6/00 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 Niche[son. Motion Carded 7-0. Vacating Pe~on - Util~ Easements - Tschiggfde Commercial: City Manager recommending that a public beadng be set for November 6, 2000, to consider a request to dispose of interest and vacate utility easements over Lets 4 and 5 of Block 2 of Tschiggfds Commercial in the City of Dubuque, Dubuque County, Iowa and communication of Ed Tschiggfde requesting the vacating of public utility easements on the Tschiggfde Commercial properly behind Menards Lumber, presented and read. Markham moved that the communications be received and filed. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 611-00 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENTS OVER LOTS 4 AND 5 OF BLOCK 2 OF TSCHIGGFRIE COMMERCIAL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Tschiggfde Excavating Company is the current owner of Lots 4 and 5 of Block 2 of Tschiggfde Commercial; and Whereas, utility easements are currently platted on each of said lots; and Wheress, Tschiggfde Excavating Company has petitioned to vacate a podJon of the easements in said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, Section 1. That the City of Dubuque" October 16, 2000 4].0 intends to dispose of its interest in and vacate utility easements over Lots 4 and 5 of Block 2 of Tschiggffie Commercial in the City of Dubuque, as shown on the attached Exhibit A. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of iowa, 1999 or amended. Passed, approved and adopted this 16th day of Qctober, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution and further set this for public beadng on 1116/00 at 6:30 P.M. in the Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7~0. At 9:08 P.M. MichaJski moved to go into Closed Session: Proper~ Acquisition and ~ending Litigation (Iowa Code Chapter 21.5(1)0)(c). Seconded by BuoL Motion carried 7-0. At 9:18 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business Buol moved to adjourn. Seconded by Markham. Motion carded 7.0. The meeting adjourned at 9:19 P.M Isl Jeanne F. Schneider Clerk 2OOO 2000 ' -"~ounci~V~'~mbers Attes~ ,City Clerk 4]_] Special Session, October 19, 2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS October 19. 2000 City Council. Special Session At 5:15 P.M. Council conveneo for me meeting, Public Library Auditorium. Present: Mayor Duggan Council Members Buol Markham ~fichalski Nicholson. Robbins City Manager Michael Van Miiligen, Corporation Counsel Barry Lindahl. Absent: Council Member Cline. Mayor Duggan read the call and stated this is the scecial session of the City Council called for the purpose of confirming me Police Chief aoDointment City Manager recommending approval of his selection of Klm B. Wadding for the positior of Police Chief. Nicholson movedto concurwith the City Manager's decision for the filling of the Police :y. Seconded by Buol. Tom Raschke Mary Jacobs, Torn Precj er Parker Martin Sanchez. ane Patty Sanchez spoke in opposition to [ne appointment. Motion carried 6-0. Appointment of Kim B. Wadding to the position of Police Chief approved. There being no further business Buol moved to adjourn. Seconded by Michask 'Motio(~ carried 6-0. The meeting adjourned at5:57 p.m, /s/Jeanne F. Schneider City Clerk Approve~_ _~-/~ ~'~ ~2000 2000 Council Members Clerk Special Session, October 24, 2000 z412 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Special Session, October 24, 2000 Council Met in Special Session at 4:30 P.M. in Conference Room B - City Hall Present: Council Members BuoJ, Cline, Nicholson, Robbins, City Manager Michael Van Mi[ligen, Corporation Counsel Barry Lindahl. Absent: Mayor Duggan, Council Members Markham, Michalski. Council Member Nicholson read the call and stated this is a special session of the City Council called for the purpose of directing the sale of General Obligation Bonds. RESOLUTION NO. 512-00 RESOLUTION DIRECTING SAlE OF $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2000C Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: $6,265,000 GENERAL OBLIGATION BONDS, SERIES 2000C Bidder: U.S. Bancorp Piper Jaffrey of Minneapolis, Minnesota the terms of said bid being: Purchase Pdce $6,202,350 Net Interest Rate: 5.2215% Net interest Cost $3,948,786.52 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3: That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Director of Administrative Services done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed, approved and adopted this 24th day of October, 2000. Daniel E. Nicholson, City Council Member Attest: Jeanne F. Schneider, City Clerk Buol moved adop~on of the Resolution. Seconded by Robbins. Motion carried 4-0. There being no further business, Buel moved to adjourn. Seconded by Robbins. Motion carried 4-0. The meeting adjourned at 4:52 P.M. /s/Jeanne F. Schneider City Cerk o0o Adopte~J/~c'J~'¢¢~-'~'~, 2000 Jncil Members ,ttest:.,