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2000 December Council ProceedingsRegular Sess on, December 4, 2000 469 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session December 4. 2006. Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buo, Ivia conference phone call), Cline. Markham Mfchaiski, Nicholsor Robbins City Manager Michae Van Milligen, Corporation Counsel Barry Undahl Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon sucn business which may properly come before the CH Council Invocanon was given by Reverend Kris Kincaid Pastor, Our Redeemer Lutheran Church. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/7: Cable TV Regulatory Commission of 11/8' CMl Service Commission of 10/'26: City Council Proceedings of 11/20: Five Flags Commission of 10/16; Historic Preservation Commission of 11/16 Housing Commission of 11/14: investment Oversight Commissio- of 10/26: Park and Recreation Commission of 11/14: Plumbing Board of 11/16: Transit Board of 11/9; Zoning Advisory Commission of 11/1; Zoning Board of Adjustment of 11/14 presented and read. Buol movee that the minutes be received and tiled Seconded by Nicholson, Motion carded 7-0. Proof of Publication for Council Proceedings of 10/24. 3resented and read. Buol moved that the proof be received and filed. Seconded by '4icholson. Motion carried 7-0. Notice of Claims/Suits: Key Apartments West in estimated amount of $335.6' for proper[y damage; Patti Schilling in estimatea amount of $25.00 for property damage; Terryl Stewar~ vs City of Dubuque presented and read. Buol moved that the claims and suits De referred to the Legal Staff for investigation and repo~. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel advising the following claims have beer referred to Public Enfit~ Risk Services of iowa the agent for the [owe Communities Assurance Pool: Grace M. Brade for personal injury; Ged Ryan for personal !njuP/; Kdsten L Smith for personal injury and vehicle oamage, oresented and read. Buol moved that the communications De received and filed and concurred with the recommendations. Seconded by Nicho[sor,. Motion carded Fair Housing Analysis Consu[tam Contract: City Manager recommending approva of a contract for consultant services to perform a Fair Housing Analysis of the City as required by the U.S. Department of Housing and Urban Develooment. presented and read Buol moved that the communication be received and filed_ Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 576-00 A RESOLUTION APPROVING THE SELECTION OF A CONSULTANT TO PREPARE A FAIR HOUSING ANALYSIS OF THE CITY OF DUBUQUE AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID ANALYSIS . Whereas. the City of Dubuque Iowa is reouired by the U.S. Department of Housing and Urban DeveIopment to complete a Fair Housing Analysis; and Whereas. the City of Dubuque, Iowa. as par[ of the overall Community Development Block Grant program, ~s interested in identifying impediments or barders to fair housing in our community; and Whereas, a Reouest for Proposals solicited consultant services to nreoare the Fair Housing Analysis; ano Whereas, Ihe John Marshall Law School Fair Housing Legal Support Center ~s recommended [o complete Ihe Fair Housing Analysis. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the selection of The John Marshall Law School Fair Housing Legal Support Center as the consult'ant To prepare a Fair Housing Analysis of the city of Dubueue is hereby approved. 470 Regular Session, December 4, 2000 Section 2. That the City Manager is hereby authorized to execute on behalf of the City Council of the City of Dubuque, lows a contract with The John Marshall Law School Fair dousing Legal Support Center for consultant services not to exceed $15 000.00. Passed approved and adopted this 4th day of December 2000. Terrance M_ Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Recommendation for New Telephone System for City Buildings: City Manager recommending approval of a contract with Midland Communications, Inc., for a new City of Dubuque telephone system, presented and read. Markham movea to accept the recommendation as suggested. Seconded by Michalski. Carried bythe following vote: Yeas-Markham, Michalskl, Nicholson. Robbins, Buol, Cline. Nays-Duggan. Cindy Parker of McLeod USA spoke objecting to the contract as presented and stressed McLeod's proximity and their ability to provide similar proauc~, etc. Cable Franchise Administrator Merrill Crawford explained the lengthy process involved in presenting th~ committee's ana the consultant's recommendation AIDS Preventative Health Program Contract: City Manager recommending approval of a con~rac[ with the Iowa Department of Public Health for the ocal AIDS ~reventaltve Health Program through September 2001 presented and read Buol moved that me communication be received anc tiled. Seconded by Nicl~olson. Motion carried 7-0. RESOLUTION NO. 577-00 A RESOLUTION APPROVING THE AIDS PREVENTATIVE HEALTH CONTRACT BETWEEN THE IOWA DEPARTMENT OF PUBLIC HEALTH AND THE CITY OF DUBUQUE, IOWA AND AUTHORIZING THE CITY MANAGER TO SlGNA CONTRACT WITH THE IOWA DEPARTMENTOF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM. Whereas. lhe iowa Deoar~men~ of Public Health nas offered to provide financial suppor[ for local AIDS Preventative Health and Education Programs in the City of Dubuque: ano Whereas, the City of Dubuque desires to establish and maintain such local AiDS Preventative Health ano Education Programs; and Whereas the Iowa Department of Public Health has presented the City Health Services Division a ~roposeo contract amendment for continued funding, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, OWA: Sec'don 1. That the City of Dubuque, iowa, hereby approves the attacheo AIDS Preventative Health Contract between the Iowa Depattment of Public Health and the City of Dubuque, Iowa. Section 2. The City Manager is hereby authorized and directed to execute said con~rec[s on behalf of the City of Dubuque, iowa. ~assed, approved and adopted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved aooetion of [he Reso[utian. SecondeP by Nicholson. Motion carried 7-0. Dubuque Racing Association Fiscal Year 2001 CIP Schedule: City Manager recommending approval of the Dubuque Racing Association's Capital Improvement Project schedule for Fiscal Year 2001. presented and read. Buol moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. State Historical Society of Iowa Grant Communication from the State Historical Society of Iowa advising that the City ~as been approved for a Certified Local Govemmen'~ (CLG) Grant in the amount of $7.500 for a "Design Review Guidelines Booklet." presented and read. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motio~ carried 7-0. Citizen Communication - Tars Winger; Communication of Tars Winger to Governor, Congressman Jim Nussle. etc.. eresented and read. Buoi moveo that the communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. County Boarc of Health: Reqular Session, Decembei-4; 2000 471 Communication from Dubuque County Board of Supervisors advising that all of the positions on the Board of Health are curreney filled, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson Motion cardedT-0. November 21. 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iovca, an examination for the pos~on of Assistant Planner was given on October 16, 2000. We hereby cert~ that the following iadMduais have passed this written examination and filling the vacancy for this posiQon should be made from this list and that this list is good for two years from above dare. Gregory W. Beck Amanda C. Brennan Joshua C. Barbee WaIty C. Wernimon~ Mark A, Gessner Dawn M. Kubik Respectfulty submitted. /si Lores J. Kiussner, Chairperson · /si Mede Duehr CMl Service Commission November 21, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of me q 999 Code of Iowa. an examination for the position of Mechanic was given on September 29. 2000. We hereby cerfi~t that the following indMduals nave passed this wntten examination and filling the vacancy for this position ShOUld be made from this list and that this list is good for two (2) years from above date Kenneth Jaeger Gregory J. Lahey Richard R Hoffmann John M. Greenwood Roger E. Simon Chadss B. Klein Paul A. Herman Duane J Emster Ralph R. Delaney Toby J. Ryan Peter S. Kruschke Andrew L Makovec George E. Allinger Brad T Herrig Gerald H, Dean Tom A. Horstman Todd M. Pdest Jason R. Pfohl Kevin M. Vaugnn Ke~4n M Pike David R. Apel Timothy F. Hubanks Steve J Baumhover Randall J. Lester Joseph b Staines Jody G. Crew Steve H. Siefker Larry P. Hoppmann Eugene F. Schmitt. Jr. Rssoectfulb' submitted. /~ Loras J. Kluesner Chairperson /si Mene Duehr CMl Sen/ice Commission Buol movec that the above Civil Service certJficafions be made a matter of record. Seconded Dy Nicholson. Motion carded 7-0. Technology Park Maintenance - Acceptance: City Manager recommending acceptance of the Technology Park Maintenance project in the final amoum of $28,607.57, presented and read. Buol 'noved that the communication be received and filed. Seconded by Nichoisen Motion carried 7-0. RESOLUTION NO. 578-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Technology Park Maintenance Project has been completed and the City Manager has examined the work and filed his cerfificata stating that the same has been completed according m the terms of the contract, plans ano specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the comractor from the budgeted confingency funds for the Technology Park in amount equaI to the amount of this contract, less any retained percentage provided for therein. ~asaed approved and adopted this 4th day of December. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider. City Clerk Buol moved aOODtiO~ of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 579-00 FINAL ESTIMATE Whereas the contract for the Technology Park Maintenance Project has been completed and the City Engineer has submitted his finat estimate showing the cost thereof including the cost of estimates notices and inspection and all miscehaneous NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That rne cost of said /*72 Regular Session, December 4, 2000 improvement is hereby determined to be $29.179.72 ano the said amount shall be paid from budgeted contingency funds for the Technology Park of the City of Dubuque. owa. Passed. approved and adopted this 4th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol movea adoption of the Resolution Seconded by Nicholson. Motion carried 7-0. Fire Department- Captain Pos~on: City Manager recommending that the Captain's position in the Fire Mamhal's Office be eliminated and tna[ a Firefighter position ce createq and assigned to Division 2, presented anc read. Duo] moved that the communication be received and flied and approved 'ecommendation. Seconded by Nicholson. Motion carried 7-0. Community Indicatom for Success: Communication from the Long Range Planning Advisory Commission providing a recommended list of Community ndicatom for Success as a par[ of the 2000 Update of the Comprehensive Plan,-presented and read. Buol moved that the communication be received and ti[ed. Seconded by Nicholson. Motion carded 7-0 Community Developmeni Advisory Commission: Letter of support from the Community Development Advisory Commission for the Downtown Planning Process, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0 Fiscal Year 2001 Community Developmen[ Block Grant Program Amendment: City Manager recommending approva~ of changes to the City's Community Development Block Grant Fiscal Year 2001 Annual Action Plan, presented and read. Buol moved that the communication De received and fi[ed. Seconded oy Nicho~son. Motion carded 7-0. RESOLUTION NO. 580-00 RESOLUTION APPROVING AN AMENDED AND RESTATED FISCAL YEAR 2001 (PROGRAM YEAR 2000) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuoue prepared and flied Annual Action Plans for Fiscal Years 2000 and 2001 ano Whereas, the City of Dubuque now essires to amend said Annual Plans by incorporating them into one amended and restated plan as per the attached Exhibit A; and Whereas said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission: and Whereas the City advertised a public comment period beginning October 18, 2000; and Whereas, the Community Development Advisory Commission 'eviewed the proposed amendment at a ~ublic headng on November 21 2000, and qas voted to approve said amendment ano to recommend approval by the Cit~ Council. NOW THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OFTHE CiTY OF DUBUQUE IOWA: Section 1. That the Annual Action Plans for Fiscal Years 2000 and 2001 are hereby rescinded and the balance of funds from these plans is incorporated into an Amended and Restated Fiscal Year 2001 (Program Year 2000) Annual Action Plan - Amendment 2 is attached hereto as Exhibit A. Section 2. That said Amended and Restated Fiscal Year 2001 ( Program Year 2000) Annual A~on Plan - Amendment 2 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adooted this 4th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moveo aooption of the Resolution Seconded Dy Nicholson. Motion carried 7-0. Consulting and Actuarial Services Agreement with The Segal Company: City Manager recommending approva of a Consulting and Actuarial Services Agreement wilt' The Sega[ Company for Fisca Year 2001. presented anc reao. Buol moved [hat the communication be received and filed and -ecommendation approved. Seconded by Nicholson. Motior Reqular Session, carried 7-0. De[inquem Garbage and Refuse Collection Accounts: City Manager recommending submission of the delinquent garbage and refuse collection accounts to the Dubuque County Treasurer for collection of past due accounts, presented and read. Buot moved that the communication be received and filed. Seconded by ~ichalson. Motion carded 7-0. RESOLUTION NO. 581-00 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE AND REFUSE COLLECTION ACCOUNTS IN ACCORDANCE WfTH SECTION 40-37 AND 40-38 (d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, City garbage and refuse collection from residential premises, as defined in the Code of Ordinances of the City of Dubuque, Iowa is mandatery; and Whereas. as of December 31~, of each year. delinquent garbage and refuse collection charges shall be certified by the C~' Clerk to the Dubuque County Treasurer for collection w~th, and iq the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section I That the persons named hareinunder, owning the preperty thereby set forth, are delinquent in the payment of refuse coilectien NAME AND ADDRESS ~OP -SCRIPTION AMOUNT Gary Bernhard 1110 Roaseve[t St Lot 4 Wersinger Sub $261.07 Mark Krolich 743 Louise St Lots 74 & 75 Maple Leaf Add #2 $255.64 Michael J. Schetgen 3922 Inwood Ave Lot 53 & 54 ONeitls North Dub Add $291.62 Michael Gerdemann 3567 Crescent Ridge Lot 19 Dub Homes Center Grove Pi #2 $ 79.07 J Foht 723 Peru Rc Let 20 Maele Leaf Add ~ $261.14 Rick~ J Hurst 3975 Inwood Ave. Lot 39 & 40 ONeills North Dub Add $261.20 Gary Bernhard 1100 Roosevelt St Lot 4 Wersmger Sub $261.14 Vincent Ehrlich 333 Oh/mpic Heights Rd Let9 BIk 1 Olympic Hgt December 4; 2000 47'3 $314.88 Robert Beau No ID au County Court House 1030 Roosevelt St ~ 97.09 Section 2_ That the CH clerk be and is hereby ordered anc directed to certify to [he County Treasurer of Dubuque County, Iowa. that the t persons ~amed hereinbefore are delinquent in the payment of refuse collection charges in the amount set aside of the respective names and that saidamounts shall be collected in the sam~ manner as general property [axes against the respective parcels of property set opposite the names of the Passed, approved and adopted this 4"' day of December 2000. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Buo[ movec adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Delinquem Water Connection Fee: City . Manager recommending submission of the delinquent water connection fees to the Dubuque Count~ Treasurer for collection of past due accounts, presented and reac Bual moved that the communication oe received and filed. Seconded by Nicholson Motion carded7-0. RESOLUTION NO. 582-00 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT WATER CONNECTION CHARGES IN ACCORDANCE WITH SECTION 44- 151-B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas. Section 44-151-B of the Code of Ordinances authorizes the City to levy anc collect water connection fees for property footage that s adjacent to the water "hain according to the prevailing front footage fee. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the persor hereinafter named owning the following described property ~as unpaid water connection fees in the amount set our and that said fees are deJinauem. NAME AND ADDRF~,~ PROPERTY DESCRfPTtON AMOUNT Roger Weekley Lot 1 of 6. Mineral Lot 501 $1115.18 Section 2. Tha~ the City Clerk be and is hereby ordered and d~rected to certlty re the County Treasurer of 474 Regular Session, December 4, 2000 Dubuque County, iowa, that the person named herein is delinquent in the payment of water connection fees in the amount set forth above and that said delinquent water connection fees shall be collected in the same manner as general property taxes against the respe~ve property set opposite the name of the property owner. Section 3. Thatthe delinquent water connection fee shall be collected with. and in the same manner, as general property taxes as provided by law. Passed, approved and adopted this 4~' day of December 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Delinauent Sewer Charges: City Manager recommending submission of delinquent sewer charges to the Dubuque County Treasurer for collection of past due accounts presented and read. BuoI moved that the communication be 'eceived and flied. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 683-00 RESOLUTION AUTHORIZING COLLECTION OF DELINQUENT SEWER ACCOUNTS IN ACCORDANCE WiTH SECTION 44-83 AND 44-06 OF THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA Whereas Section 44-83 oftheCode of Ordinances authorizes the City ro levy and collect just and equitable charges, rates ar rentals upon all lots, parcels or real estate and buildings that are connected directly or indirectly with the sanitary sewer system: and Whereas Section 44-86 of the Code of Ordinances provides that the City shall nave a lien upon the real property served by the sanitary sewer system for all delinquent rates and charges; and Whereas, delinquent sewer charges shall be certified as December 31" of each year by the City Clerk to the Dubuque County Treasurer for collection w~th. and i~ the same manner as, general property taxes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons hereinafter named, own~ng me following described 9roper~, nave unpaid sewer diverges in the amount set out and that saic charges are delineuent. NAME AND ADDRESS · _ ~ ;: i ', ; AMOUNT Michael J. Schetgen 3922 Inwood Av Lot 53 & 54 ONei[Is North Dub Add $491.21 Michael Gerdemann 3567 Crescent Ridge Lot 10 Dub Homes Center Grove Pi #2 $163.06 J Foht 723 Peru Rd Lot 20 Maple Leaf Add #'2 $605.55 Ricky J Hurst 3975 lnwood Av Lot 39 & 40 ONeills North Dub Add $605.69 Gary Bernhard 1100 Roosevelt St Lot 4 Wetsinger Sub $605.55 Vincent Ehrlich 333 Olympic Heights Rd Lot 9 BIk 1 Olympic Heights $846.17 Robert Beau No ID at County Court House 1030 Roosevelt St $109.32 Section 2. That the City Clerk be and is hereby orderee and directed m certify to the County Treasurer of Dubuque County, iowa. that the persons named herein are delinquent in the payment of sewer charges in the amounts set forth above and that said delinquent sewer cnarges shall be collectad in the same manner as general property taxes against the respective parcels of properS' set opposite the name of the property owner. Section 3. That the delinquent sewer charges shall be collected with. and in the same manner as, genera~ property taxes as provided by law. =assed. approved and adopted this 4~ day of December 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schnefder, C ~y Clerk 9ual moved aeootion of the Resolution. Seconded by Nicholson. Motion carried 7-0 Designated Agents to Execute Checks on Behalf of [he City of Dubuaue: City Manager recommending that Health Choices [nc. be authorized to issue checks ane drafts for the City'~ health account and flexible spending account, presented am~ read. Buol moved mat the communication be received and filed. Seconded by Nicholson. Motion carried 7-0 RESOLUTION NO. '584-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED AGENTS OF THE CiTY OF DUBUQUE LIMITED AUTHORIZATION TO EXECUTE CHECKS ON BEHALF OF THE CITY Reqular Session, December 4i 2000 475 OF DUBUQUE, IOWA Whereas, the City of Dubuque deposits certain funds for specific use in local commercial banking inst~tultons; and Whereas, the commercial banking institutions require authorization by the City Council for City employees and others to sign checks and drafts drawn on such banking institutions; and Whereas, the City Council has determined that agents of the City of Dubuque who may sign checks and drafts drawn on designated accounts on behalf of the City of Dubuque are the Health Choices, Inc. authorized check signers for checks issued for the City of Dubuque Health Account drawn on account number 2819000163 and the City of Dubuque Flex Accounl drawn on account number 2819001153 at Firstar Bank in Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE Cl7~ COUNCIL OF THE CITY OF DUBUQUE, IOWA: That me Health Choices. Inc. authorized check signers are hereby granted ability m sign checks and drafts on behah' of the City. of Dubuque Car checks issued for the Health 2819000163 a[ Firstar Bank in Dubuque. That the -~eaith Choices Inc. authorized check signers are hereby granted ability to sign checks and drafts on behalf of the City of Dubuque for checks issued for the Flee Account drawn on account number 2819001153 au Firstar Bank in Dubuque. Passed. approved and adopted this 4~ day of December 2000. Terrance M. Duggen, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution Seconded by Nicholson. Mo'don carded 7-0. Authorizec Depository Institutions: City Manager recommending that Liberty Bank be named as an authorized depository institution for the City of Dubuque, presented and reaa. Buol moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0 RESOLUTION NO. 585-00 RESOLUTION NAMING DEPOSITORIES RESOLVED. that the City. Council of [he City of Dubuque, Iowa in Dubuque County, iowa. approves the folJowing ist of financial institutions [o be eeoositodes of the City of Dubuque, Iowa funds in conformance with all applicable provisions of Iowa code Chapter 453.2. The City Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out bekiw. Depository Name Loca~on of Home Office Me,mum Balance Amedcan Trust & Savings Bank Dubuque, Iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40 000 000 F rstar Bank N.A. Milwaukee, Wisconsin $10,000,000 Dupaco Community Credit Union Dubuque, iowa $10,000,000 Premier Bank Dubuque, iowa $10.000.000 East Dubuque Savings Bank East Dubuque, Illinois $10,000,000 Liberty Bank Des Moines. Iowa $10.000.000 CERTIFICATION. [ hereby certify that the foregoing is a true and correct copy of a resolution of the C~ Council at Dubuque, Iowa adopted at a meeting of said public body, duly called and bela on the 4~ day of December. 2000 a quorum being present, as said resolution remains a record in the minutes of said meeting, and it is now in full force and effect. Dated this 4'" day of December, 2000. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Buo[ moved aeootion of zne Resolution. Seconded by Nicholson. Motion carried 7-0. Business License Refund: Buol moved that the Cigarette License refund to Mulgrew Oil Company in the amoun[ of $50.00 be received and ti[ed and concurred with recommendation to approve the refund Seconded oy Nicholson. Motion carried 7-0. Business Licenses: RESOLUTION NO. 586-00 Whereas. applications for Beer Permits have been submitted and filed m [his Council for approval ane the same have been examined and approveo; and Whereas. the premises To be occupied by sucr applicants were inspected and found to comply with the Ordinances of this City aha nave filed Draper BOndS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL 476 Regular Session, December 4, 2000 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 Iowa Oil Company IOCO+ (Sunday Sale) 2150 Twin Valley Dr Passed, approved and adopted this 4th day December, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adop~on of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 587-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas. the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all C~:y Ordinances relevant thereto and they have filed proper bonds. NOW THEREFORE.' BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS 'C"( COMMERCIAL) BEER/LIC JOR LICENSE Bowling & Beyond Dubuque Inc Bowling & Beyond Dubuque+ (Sunday/Outdoor Sale) 1860 Hawthorne Pamela Barry Arensdorf Instant Replay+(Sunday Sale) 1602 Centre[ Ave Moracco, Inc. The Moracco+ (Sunday Sale) 1413 Rockdale Passed, approvao and adopted this 4th day of December. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of [ne Resolution. Secondec by Nicholson. Motion carded 7-0 BOARDS/COMMISSIONS: Appltcants were invited to actress me Council to express their desire to serve on the following Boards/Commissions: HUMAN RIGHTS COMMISSION: Raydora Drummer. Judith Ha[ay Giesen Joseph Hopkins. Evelyn Jackson. Raydora Drummer Judith Haley Giesen. and Evelyn Jackson all stoke reouesting reappointment to the Commission Appointment to me following Commission: HOUSING COMMISSION (Section 8) lOne Vacancy): Applicants: Jeremy Austin Kris Erickson, Joe Hopkins, Denise Mi[leg John Plain. Vote on the appointment was as follows: Duggan voted for Miller. Markham voted for Edckson. Michalski voted for Miller. Nicholson voted for Miller. Robbins voted for Miller. Buo[ voted for Miller. C[ine voted for Miller. Therefore Denise Miller appointed to an unexpired three year term on the Housing Commission representing Section 8 which will expire 8-17-03. PUBLIC HEARINGS Michalski moved [o suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-O[~arge Fleeting': City Manager submitting three areoosals received from Artco Fleeting for barge fleeting and requesting fur[her direction., Communication from the Mississippi River Walleye Club in opposition to barge fleeting within the Dubuaue City limits, presented ano read. Michalski moved to receive and filed the communications Seconded oyNicholson Motion carded 7-0. Bill Brosnahan and Lan Smith of the Walleye Club spoke stating they don't want barge fleeting anywhere within the City limits. Wayne Buckholz SPOKe against the Riprow Valley site. Matt Hartiey spoke stating that elimination of barge fleeting will affect industry as this is a working dver town. Del Uhldch, of Peavey Co., spoke stating that moving the barge fleeting out of town will hur~ business. Jerry Abing spoke stating that there should ce caution against barge fleeting and consideration giver to the recreational do[lam. Howard Higley of 800 Southern Ave SPOKe stressing the hazards of the 2rotruding Water Pollution Control Plant uioes ir the Riprow Valley site and stated the river is not deep enough in that area. Regina Thibeau spoke stating they need more time to ge[ information relative to the Riorew Valley site. Brant Nissan of Artco. seoke and reques[ec that this be put on hold to look at me site(s). Cline moved to eliminate CH Island from the discussion. Seconded by Robbins, Carded b~, the following vote: Yeas--Buol. Cline. Duggan. Markham, Robbins. Nays-Nicholson. Michalski. Regular Session, December 4, 2000 477 Cline moved to set a Public Heating on 1/15/01 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk 2ublish not[ce in the manner prescribec by law. Seconded by Michalski. Motion carried 7-0. Request to Vacate Lloyd Gudenkauf: City Manager recommendin9 that the City dispose of nterest and vacate a utility easemen~ over Lot 1 Block 4 of Patricia Ann Acres to Lloyd Gudenkauf, presented and read. Robbins moved that the commumcation be received and filed. Seconded by Markham. Motion carried 6-0. Nicholson was ou~ of the room at the time of the vole. RESOLUTION NO. 588-00 RESOLUTION DISPOSING OF INTEREST AND VACATE A 10-FOOT WIDE UTILITY EASEMENT OVER LOT 1 BLOCK 4 PATRICIA ANN ACRES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuantto resolution and oublished notice of time ane place of headng, published in the Telegraph Herald. a newspaper of general circulation published in the City of Dubuque, Iowa on 24th day of November, 2000. the City Council of Ihe City of Dubuque, Iowa met on the 4th day of December, 2000, at 6:30 p.m. in the Public Library Auditorium. 11th and Locust. Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate descdbee A 10-foci wide utility easement on Lot 1 Block 4 Patdcia Ann Acres ir the City of Dubuque Iowa. as shown on the at~ached Exhibit A Whereas, the City Council of the City of Ducuque, Iowa overruled any and all objections, oral or wdtten to the proposal to dispose of interes[ of the City of Dubuque, Iowa in the hereinabove described real estate ~OW THEREFORE BE T RESOLVED BY THE CITY COUNC_ OF THE CITY OF DUBUQUE IOWA: Section 1. That the disposal of the interes[ of the City of Dubuque, Dubuque County, lo, va in real property described as a 10-foot wide utility easement on Lot 1 Block 4 Patricia Ann Acres in the City of Dubuque, Iowa. be and the same ]s hereby approved for the cost of oublJcation and filing fees. Sectio- 2. That the Mayor be authorized and directed to execute a Release of Easemen[, and the City Clerk be and is hereby authorized and directed to deliver said Release to Lloyd S. Gudenkauf, upon receiot of the above fees. Section 3. That the City Clerk be and ]s hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed. approved and adopted this 4th day of December 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk ~obbins moved adoption of the resolution. Seconded by Markham. Motion carried 6-0. Nicho~son was out of the room during vote. Residential Parking Permit District - Senior High School Area: City Manager recommending approval of an amendment to Residential Parking Permit District "C' to include portions of North Grandview Avenue ane Rosedale Street: Communication of Joe Link and Jane Petrek of the Dubuque Community School System requesting that this be tabled; an Ordinance Amending Section 32-362 of the Code of Ordinances of the City of Dubuque, Iow~ providing for two-hour parking, by deleting certain ~o~ons of Grandview Avenue and Rosedale Street, and an Ordinance Amending the Code of Ordinances of the City of Dubuque, iowa. by adding portions of North Grandview Avenue and Rosedale Street to Subsection (a~ of Section 32-395 thereof esta}' ishing Residential Parking Permit District "C" presented ano read Nicholson moved that this ma~zer De tabled. Seconded by Markham Motion carried 7-0 Nicholson moved that the ru~e be reinstated limiting the discussion to the Council. Seconded by Michalski Motion carried 7-0. ACTION ITEMS Joint Work Session with County Board of Supervisors: Historic Preservation Commission reques'dng that tne City Council hold a _oint session with the Dubuque County Board of Sucervisors to discuss preservation of the Buettel[ Brothers Building at 821-845 Central Avenue' Copy ef communication from Historic Preservation Commissior to rne Dubuque County Board of Supervisors, presented and read. Cline moved re have staff [ry [o schedule a Work Session with a euorum of the City 478 Regular Session, December 4, 2000 Counci: and County Boarc of Supervisors and no less than the Chair of the Histodc Preservation Commission. Seconded by MichalskL Carried by the following vote: Yeas- Duggan, MichalskL, Nicholson Cline. Nays-Markham. Robbins Buol. Hawthorne Street No Parking Zone: City Manager recommending adoption of an ordinance prohibi~ng truck or trailer parking on a portion of the north side of Hawthorne Street, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances by adding a new Section 32-267.2 providing for the establishment of parking restrictions for trucks or trailers on designated streets or portions [hereof and adding certain portions of Hawthorne Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO, 104-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 32-267.2 PROVIDING FOR THE ESTABLISHMENT OF PARKING RESTRICTIONS FOR TRUCKS OR TRAILERS ON DESIGNATED STREETS OR PORTIONS THEREOF AND ADDING CERTAIN PORTIONS OF HAWTHORNE 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 Dub~ que, Iowa, Be amenoeo dy adding the following new Section 32-267.2 thereof as follows: "Sec. 32-267.2 "Parking Restriction for Trucks and Trailers on Designated Streets or Portions Thereof." Where spaces nave 3eon designated by signs or markings for "No Truck or Trailer Parking", il shall be unlawful for the operator of any such vehicle to stop, start(: or oark in the following areas: Hawthorne Street. north side [rom the railroad tracks to a point forty I40) feet east of Kerper Boulevard. Passed, approveo and adopted this 4th day of December. 2000. Torrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Councii Meetings pdor to the meeting at which it is To be finally passed be suspended ane further moved final consideration and passage of the Ordinance. Seconded Dy Nicholson Motion carried 7-0. An Ordinance Amending Section 32- 252(d) of the City of Dubuque Code of Ordinances prohibiting parking on designated streets or nor'dons thereof by deleting Hawthorne Street. presented and reao. (OFFICIAL PUBLICATION) ORDINANCE NO. 106-00 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 HAWTHORNE STREET NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I The City of Dubuque Code of Ordinances is amended by deleting from Subsection (d) of Section 32-262 the following: Hawthorne Street north side, from Rhomberg Avenue to Kerper Boulevard. Passe¢. approved and adopted this 4th day of December 2000 Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider City Clerk It 1/10 Buol moved that the requirement that s proposed Ordinance be considered aha voted on for passage au wvo Council Meetings prior to the meeting au which it is to be finally passed be suspended and further moved final consideration ano passage of the Ordinance. Seconded by Nicholson. Motion carded 7-0. Histodc :~reservation Ordinance Upeate: Communication from the Historic Preservation Commission/Preservation Task :orce Reqular Session, December 4i 2000 479 regarding the Historic Preservation Ordinance Update and requesting a work session with Council and communication from the Commun~ Development Advisory Commission supporting the proposed changes to the Histodc Preservation Ordinance. presented and read. Michaiski moved ~na~ the communication be received and filed and scheduled a work ssss~on from 5:00 to 6:30 P.M. on lr2J01. Seconded by Nichoisen. Motion carded 7-0. At 8:43 P.M.. Michaiski moved to go into Closed Session re: Property Acquisition and Pending Litigation 0owa Code Chapter 21.5(1)(j)(c). Seconded by Nicholson_ Motion carried 7-0. At 8:54 P.M. Counc~ reconvened Regular Session with statement that Staff had been given proper direddon. There being no further business, Michalski moved to adjoum. Seconded by Nicholson. Motion carded 7-0. The meeting adjourned at 8:55 P.M. Is/Jeanne F. Schneider 'Clerk 2001 2001 ~ Council Members Attest; ~ ~/CA~ Clerk ;481 Regu ar Sess on, December 18,2000 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, December 18, 2000 Council met in Regular Session at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may propedy come before the City Council. Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Te[eprogrammmg Commission of 11114- City Council Proceedings of 11/29 and 12/4; Service Commission of 11/21: Enviro'~mental Stewardship Advisory Commission of 12/5: Library Board of 10/26 Zoning Board of Adjustment of 11/30. presented and reaa. Buol moved that the minutes be received anc filed. Seconded ny Robbins. Motion carded 7-Q =roof of publication of Council Proceedings of 10/29; 11/8; and 11/20 List of Claims and Summary of Revenues for month ending 10/31: Financial Report for Fiscal Year ending 6/30/06. presented and read. Buol moveo that the 3roofs'be received and filed. Seconded by Nicholson. Motion carried 7-0. Finance Director submitting the Financial Report for the month ending November 30 200ti presented ane read. Buo[ moved that the communication be received and filed. Seconded by Robbins Motion carried 7-0. Officia Council Proceedings of October, 2000. 3resented and read. Buol moved that rne proceedings ue approved as printed. Seconded by Robbins. Motion carded 7-0. Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of tiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carded '7-0. Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15: the property' damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25.00, presented an(] read. Buol moved that the ;ommunications be received and tiled and directed Finance Director to ssue payments. Secondec by Robbins. Motion carried 7-0. App~in{rne0ts,.. [o the~ Qvyner- Occ. upied ';A11'¢rdable , ~.. Ho, using Corem t~ee'.~ '"'*"- _City,,-' - '--Manader recomn~e~ing th~¥.~ppointment -of Linda Sang.st.on and Nancy Zachar Fett to the O~vner-Occupied Affordable Housing Comn~ittee, presented and read. Buol moved that rne communication be received ano filed and concurred with recommendation. Seconded by Robbins. Motion carded 7-0 Final Acceptance of Charitable Land Donation from Carl ,and Mary Ann Burbach: City Manager recommending acceptance of the deed to proper~y donated to the City by Carl and Mary Ann Burbach presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 590-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 Whereas. Car[ J. Burbach Regular Session, December 18, 2000 48? Declaration of Trust dated January 24, 1995 desires to make a gift of the following described real property to the City of Dubuque: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa And Whereas, the C~ Council of the City of Dubuque desires to accept the gift on behalf of the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA, AS FOLLOWS: 1 -The City of Dubuque hereby accepts the Deed from Carl J. Burbach Declaration of Trust dated January 24, 1995, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed. approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Bue' moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District presented and read. Buol moved that the pati~on be referred m the City Manager. Seconded by Robbins. Motion carried 7-0. CeCdtied Local Government Report to State Histodc Preservation Office: City Manager submitting the 2000 Certified Local Government Annual Report, presented and read. Buol moved that the communication and report be received and tiled. Seconded ey Robbins Motion carded 7-0. Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of I and Lot 2 of I of Jaeger Heights Subdivision No. 3, presented and read. Buol moved that the communication be received and flied.. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO, 591-00 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT I OF 1 AND LOT 2 OF 1, A DIVISION OF LOT 1 OF JAEGER HEIGHTS SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas. there has been tiled with the City Clerk the Plat of Survey of Lot 1 of I and Lot 2 of 1, a Division of Lot 1 of Jaeger Heights SubdMsion, No. 3, in the City of Dubuque, Iowa; and Whereas, said plat of survey provides 31.13 feet of frontage and 5,008 square feet of lot area for Lot 1 of 1 and 28.98 feet of frontage and 5,008 square feet of lot area for Lot 2 of 1, where 60 feet of frontage and 6,000 square feet of rot area are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission its approval eneorsed thereon subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1. and Whereas, said prat of survey has been examined by the City Council and they find that ~t conforms to the statutes and ordinances relating to it NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waivec to allow'Lot 1 of I to have 31.13 feet of frontage and 5,008 square feet of area: and Lot 2 of 1 to have 28.98 feet of frontage and 5,008 square feet of lot area where 60 feet of frontage and 6,000 square feet of lot area are required. Section 2. That approval ofthis plat of survey of Lot 1 of I and Lot 2 of I. a division of Lot I of Jaeger Heights SubdMsion No. 3 is subject prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1, and that said prohibition is noted on the plat of survey. Section 3. That the prat of survey of Lot 1 of 1 and 2 of 1, a dMsion of Lot of Jaeger Heights SubdMsion No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat of survey. Passed, approved and adopted this 18th day of December, 2000. Torrance M. Duggan, Mayor At[est: Jeanne F. Schneider, CtiyClerk ACCEPTANCE OF RESOLUTION NO. 59%00 We, William Frye and Mike Ughffoot, the undersigned, having read the terms and conditions of the :~esolution No. 591-00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions reeuired therein, Dated in Dubuque, Iowa this 30th day of December. 2000. By Is/Mike Lightfoot 483 Regular Session, December 18, 2000 By/si William Frye Buol moved adoption of the resolution. Seconded oy Robbins. Motion carded 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails Grant application to IDOT for funding of [he extension of Hedtage Trail from Heron Pond to Pyatigorsk Park. oresented and read. Buol moved [hat the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 592-00 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF TRANSPORTATION RECREATIONAL TRAILS FUNDS FOR THE HERITAGE TRAIL EXTENSION PROJECT: HERON POND TO PYATIGORSK PARK Whereas. the Iowa Depot[men[ of Transportation nas Recreational Trails funds available m deyelop City recreational trails; aha Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas. the City of Dubuque nas aoooted the Hedtage Trail Master Plan that includes the Heritage Trail Extension. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1 That [he Planning Services Manager is hereby authorized to sign and submit this aoolication for Recreational Trails funds ro the IDOT for the Hedtage Trail Extension Project: Heron Pond to Pyatigorsk Park on behalf of the City of Dubuque. Section 2. Thatthe Cityof Dubuque agrees ro adequately maintain the trail for its intended use and maintain the total frail used to justify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this 18th day of December 2000. Torrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the resolution. Seconded Dy Robbins. Motion carded 7-0. 2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the 2000 Asahalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, presented ano read. Buol moved that the communication be received and tiled Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 593-00 ACCEPTING IMPROVEMENT Whereas, the contract for the 2001 Asohalt Paving Project - Fiscal Year 2001 has been completed and the City Manager nas examined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and 'ecommends its X~OW THEREFORE BE T RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same Js hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Funds, [he Sales Tax Fund the General Func. the DRA Distribution and the Parking Construction Fund in amounts equal to the amount of this contract, ess any retained percentage provided for therein. Passed, approved and adopted this 18'n day of December, 2000. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 594-00 FINAL ESTIMATE Whereas: the contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 has been completed and the City Engineer has submitted his tinal estimate showing the cos[ thereof including the cost of estimates notices and inspection and all miscellaneous COS[S: NOW THEREFORE BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sectio~ 1. That the cost of said improvement is qereby determined to be $500 508.37 and the said amount shall be oaid from Road Use Tax Funds. the Sales Tax Fund the Genera Fund, the DRA Distribution and the Parking Construction Fund of the City. of Dubuoue. Iowa. Passeo approved and.adopted this 18h day of December 2000. Ter~'ance M. Duggan, Mayor Attest: Jeanne F/Schneider, City Clerk Regular Session, December 18~ 2000 484 Dual moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79.448.65, presented anc read Buol moved that the communication be received and tiled. Seconded oy Robbins. Motion cardea RESOLUTION NO. 595-00 ACCEPTING LMPROVEMENT Whereas the contract for the William M. i~[ack Steamboat Restoration Project - Phase I has been completed and the City Manager nas examined the work and filed his certificate stating that the same has been completed according to the terms of the contract plans and specifications and recommends tls acceptance. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Sec~on 1. Thatthe recommendation of the City Manager be approved and [hat said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed [o pay to the contractor from the General Fund and reimbursed 100 9ercent (100%) from the ISTEA Transportation Enhancement Grant ir amount equal to the amount of this contract. Passed, approved and adooted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Dual moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 896-00 FINAL ESTIMATE Whereas. the contract for the William M Black Steamboat :~estoration Project- Phase I has been completed and the City Engineer has submitted his fina estimate showing the cost thereof ncluding the cost of estimates, notices and inspection and all miscellaneous costs- NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said ~mprovement is hereby determined to Be $79.448.65 and the said amount sha ce paid from the General Fund cf the City of Dubuque, Iowa and reimbumed 100 percent (100%) from the ISTEA Transportation Enhancement Grant Passed, approved and adopted this 18~ day of December, 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Dual moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. North End Neighborhood Trai Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56 presented and read. Duo[ moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 597-00 ACCEPTING IMPROVEMENT Whereas, the contract for the North End Neighborhood Trail Project has been completed and the City Manager has examined the work aha tiled his ceYdticate stating that the same has been cofnpletad according to the terms of the contract plans aha spec~cations and recommends its acceptance. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. Thatthe recommendatior of the City Manager De aDoroved and that said improvement be and the same s hereby ~cceoted. BE IT FURTHER RESOLVED that the C~ Treasurer be and he is hereby directed to pay to the contractor from the General Fund ($538,389.56) in amount equal to the amount of this :ontract, less any retained percentage ~rovided for therein. Passed approved and adopted this 18th day of December. 2000. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolu'don. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 598-00 FINAL ESTIMATE Whereas. the contract for the North End Neighborhood Trail nas 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 COUNC L OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said Regular Session, December 18, 2000 improvement is hereby determined to be $538,389.56 and the said amount shall be paid from the Genera Func ($538,389.96) of the City of Dubuque, Iowa. Passed, approved and adopted this 18~ day of December. 2000. Torrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution Seconded by Robbins. Motion carried 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 599-00 ACCEPTING IMPROVEMENT Whereas. the contract for the Kerper Court Paving and Utilities Project has been completed and the City Manager has examined the work ahd filed his ceYdficate stating [hat the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the recommendation of the City Manager be approved and that said imorovemem be and the same is hereby acceoted BE IT FURTHER :{ESOLVED that the City Treasurer be and he is hereby directea to pay to the contractor from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) in amounts equal to the amount of this contract less any retained percentage orovidec for therein. Passed approved and adopted this 16~" day of December. 2000. Terranea M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-6. RESOLUTION NO. 600-00 FINAL ESTIMATE Whereas the contractfor the Kerper Court Paving and Utilities Project has been completed and the City Engineer has submitted, his fina estimate showinD the cost thereof [~cluding the cost at estimates notices ano inspection and all miscellaneous costs; NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to se $702.618.83 and the said amount shall be paid from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) of me City of Dubuque Iowa. Passed, approved and adopted this 18th day of December, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of Klauer Manufacturing for removal of parking at several corners 'n the area of 26~ and 27~ Streets between Central and Elm Streets has been withdrawn, presented anc read. Buol moved that the communication De 'eceived and filed. Seconded by Robbins. Motion carried Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four eases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubur~ue Incorporated. presented and read. Buol moved that the commun[ca'don be received and filed Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 601-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING & BEYOND DUBUQUE, INC. WHEREAS, Riverside Bowl Inc. (Riverside) operates a bowling facility in Dubuque, owa, and Riverside and the City of Dubuque (City) entered into Leases of property owned by City on May 2, 1958 as amended June 19 1973, Apd114. 1964, add DTcember 6. 2000 (Leases), cooies of which Leases are attached hereto; and WHEREAS Riverside desires to sell its assets and assign its interest in the Leases to Bowling & Beyond Dubuque, Inc.. an Illinois corooration (Bowling), oursuant to the Assignment of Interests ~n Leases attached hereto and WHEREAS, the Leases are assignable by Riverside with the Regular Session, December 18, 2000 486 consent of City; and WHEREAS, Bowling desires to assign its interests in the Leases to American Trust & Savings Bank (ATSB) as security for a loan by ATSB to Bowling, pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS the City Council has determined that it is in the best Interests of the City to consent to the AssignmenTs. NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: 1. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of interests in Leases by Riverside 3owl, Inc. to Bowling 8; Beyond Dubuque, Inc. 2. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Bowling m Amedcan Trust & Savings Bank. Passed. adopted and approved this 184 day of December, 2000. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement between the City and Dubuque Histodc Improvement Company to Jerry Lazore, new owner of the Redstone Inn. presented and read. 3,uol moved [hat the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 602-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE HISTOR C IMPROVEMENT COMPANY BY DUBUQUE HISTORIC IMPROVEMENT COMPANY TO JERRY LAZORE Whereas. the Dubuque Historic Imerevement Company (DHIC) and the City of Dubuque (City) entered into a Lease Agreement on April 1, 1995 a copy of wh ch Lease ,~greement is attached hereto: and Whereas the Lease Agreement provides for 2arking for DHIC's Redatone inn located at City's parking lot at Fifth and Bluff Streets: and Whereas on October 13. 2000 the Redstone Inn was sold by DHIC to Jerry Lazore; and Whereas, the Lease Agreement is assignable by DHIC with the consent of City; an¢ Whereas, the City Council qas determined that it is in the best interests of the City to consent to such assignment. NOW, THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the City Council hereby consents on behalf of the City of Dubuque to the assignment of the Lease Agreement by Dubuque Historic Improvement Company to Jerry Lazore. provided that Jerry Lazore shall agree to be bound by the terms and conditions thereof. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoation of the resolution. Seconded by Robbins. Motion carded 7-0. Fiscal Year 2002 Budget Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002 Budget Po[icy Guidelines presented and read. Buol moved that the communication be received and filed and approved the 2002 3udgat Policy Guidelines. Seconded oy Robbins Motion carried 7-0. Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, presented and read. Buol moved that the communication be received and tiled and approved letter of support. Seconded oy Robbins. Mo'don carded 7-0. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Deeartment of Trensportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, presented and read. Buol -noved that the communication be receivec and tiled and approvea letter of suppor~ Seconded dy Robbins. Motion carried HOME Investment Partnership Program Contract Communication from the Iowa Department of Economic Development revising the master 487' Regular Session, December 18, 2000 con[ract and funding agreement for the HOME Program by changing the comp etlon aate and extending the performance pedod to June 30. 2001. presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. Business Licenses: RESOLUTION NO. 603-00 NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Tobacco Outlet Plus # 56 Kwik Trip, Inc 66 W. 32nd St Grandview Milk House James T. Jacobsen 620 S Grandview Passed, approved and adopted this 18th day of December, 200¢. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 604-00 Whereas. applications for Beer Permits have been submitted and tiled re'this Council for approval and the same have bee~ examined and approved: and Whereas the Premises to be occupied by such applicants were insoec[ed and found to comply With the Ordinances of this City and have filed 3roper bonds. NOW THEREFORE BE IT :~ESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be authodzeo m cause to be issued the following named applicants a Beer Permit CLASS 'B" BEER PERMIT United Auto Workers ~ 94 UAW Local # 94+(Sunday Sale) 3450 Central Ave CLASS "C" BEER PERMIT ~1olo Oil Co. Big 10 Mart+ (Sunday Sale) 9th &Centra Angel Investment Casey's Genera Store+(Sunday Sale) 2699 Rockdale Rd :~ainbo Oil Co Kwik Stop'* (Sunday Sa[e) 4039 Pennsylvania :~ainbo Oil Co Kwik Stoe+ (Sunday Sale) 2320 Hwy 61 Kwik Tnp. Inc Tobacco Outlet Plus +(SUnday Sale) 66 W. 32nd St Passed. approved and aaopted this 18th day Decamber. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 605-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas. the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they nave tiled proper bonds. ~fOW. THEREFORE, BE T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: That the Manager be authorized to cause to be issued the following namea applicants a Liquor License. CLASS "B" BEER/LIQUOR LICENSE Kinseth Hotel Corp Holiday Inn 5-Flags+(Sunday Sale) 450 Main St Design Center. Ind Julien Inn+ (Sunday Sa[e) 200 Main St CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE L & M Wharf Corp Michael's Bar-X+ (Sunday Sale) 2616 Windsor David H. Hoffman TheWhite House 450 W. Locust Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, C~ Clerk Buol moved adolStion of the resolution. Seconded by Robbins. Motion carried 7-0 BOARDS/COMMISSIONS Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: rlousing Code Appeals Board - Applicants: William J. Kinsella Robert Schaub: Edward A. Swift. No one spoke. Appointment to the following Commission Human Rights Commission Three [erms expiring 1/1/04) Applicants: Raydora Drummer: Judith Haley Giesen Joseph A. Hopkins: Evelyn E. Jackson. Vote on the aocointments was as follows: Duggan voted for Drummer Giesen ane Jackson. Markham voted for Drummer Gieser and Jackson. Michalski voted for Drummer Giesen and JaCKson. Nicholson voted for Drummer. Giesen ano Jackson. Robbins voted for Drummer Giesen Regular Session, December 18, 2000 488 and Jacksom Robbins voted for Drummer, Giesen and Jackson. Buol voted for Drummer, Giesen and Jackson. Cline voted for Drummer, Giesen and Jackson. Therefore, Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04 on the Human Rights PUBMC HEARINGS Michaiski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carded 7-0. Menard, Inc. - Request for Rezoning: Proof of publication on notice of headng to consider rezoning property located on U.S~ Highway 20, southwest of Westside Cour~ from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District, with a PC Planned Commercial designation to allow for development of a new Menard's store, presented and read. Michelski moved that the proof and communication be received and filed. Seconded by Nicholson. Carded by the following vote: Yeas--Markham, Michelski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Molars of Reynolds and Kenline Law Firm, all spoke in favor of the proposed re.zoning. Ed Tschiggfde, as owner of a nearby quarry, spoke in favor of the project but requested the continuation of atdp lane traffic signal for e.'dting t~ucks. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Westside Court from C-3 General Commercial Distdct and CS Commercial Service and Wholesale Distdct to PUD Planned Unit Development Distdct with a PC Planned Commercial Distdct designation and adopting a Conceptual Development Plan, with conditions, for Merrsrci Inc. presenfed and read. (OFFICIAl. PUBLICATION) ORDINANCE NO. 106~00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG U.S. HIGHWAY 20 WEST OF WESTSIDE COURT FROM C-3 GENERAL COMMERCIAL DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR MENARD, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereina~er described property from C-3 General Commercial Distdct and CS Commercial Service and Wholesale Disthct to PUD Planned Unit Development Disthct with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof with conditions for Menard, nc., as stated below, to wit: Lot 2 of Siegert'e Place, Third Addition, a~d to the center line of the adjoining public right-of-way, all in the City of Dubuque, lo,va. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassificafion, the undersigned property owner(s) agree(s) to the following condi~ons, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions. 1.BuiJding-related Features: Building-related features are defined as all constructed items which dse above the grade surface of the lot. These include: a) The pdma~y building b) All accessory or secondary buildings c): All extedor storage areas d) Exterior refuse collection areas e) Extedor mechanical equipment f) Containerized or tank storage of liquids, fuels, gases and other materiels 2) Vehicle-related Features: Vehicle"related features are defined as all areas used for the movement and parking of all vehicles within the These include: 489 Regular Session, December 18 2000 a) Employee and visitor parking spaces b) Driveways from the street right- of-way line to and from parking spaces. c) Loading spaces outside of the 3uilding d) Maneuvering space and driveways to and from loading spaces e) Parking spaces for company- owned commercial vehicles 0 Fire lanes 3) Open Space Features: Open space features are defined as those exterior areas and developed features ofthe lot. These include: a) Landscaped SDaCe containing lawn areas and plantings b) Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards c) Surface storm water detention areas not otherwise used for building- related or vehicle-related purposes d) Open recreation areas ana recreational trail e) Other non-building and non- vehicular-related space B) Use Regulations. The following regulation~ shall apply to ail uses made of land in the above described PUD District 1) Principal permitted uses shall be limited to: a: Retail sales/service [17] b) Indoor restaurant [20] c) Drive-in/carry-out restaurant [28] d} General offices [14i [ ] Parking group-see Sectior~ 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shal be limited m any use customarily 'ncidental and subordinate to the ~rincipal use it serves. 4) Temporary uses shall be limited ro any use ][stac as a permitted usa within the PUD District of a limited duration, as established in Section 2- 5.3 and as defined in Section 8 of the Zoning Ordinance. C) Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All building s~ruc~ures and activities shall be located n conformance with the attached cenceotual development plan and all final site development plans shall be approved in accordance with pfovisions of the PUD Distdct regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the fo[lowing lot and bulk regulations: a) Maximum lot coverage shall be imited to 75% All building and vehicle-related features shall De considered when calculating total land area coverage. b) Maximum building heightsha[tbe 40 feet. except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 40 feet limitation subject to the provision of adequate screening. c) Setbacks for the out-kit shall be as established for the C-3 General Commercial Distdct set forth in Section 3-3.3 of the Zoning Ordinance. D) Parkino Reaulations 1) All vehicle-related features shall ~e surfaced with either asphalt or concrete. 2) - Curbing and proper surface drainage of storm water shall be provided. 3) All parking and loading spaces shall be delineated on the surfacing material by painting stdees or omer permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances In effect at the time of development of the lot 5) The number, size, design and location of parking soaces designated for persons with disabilities shall be according to the local state or federal requirements in effect at the time of devekipment, 6) The Iocatien and number of private ddveway intersections w~th public streets shall be established by the City of Dubuque. E. Landscaping Regulations 1) Plant Materials: The open space area of each lot shall be 9lanted with permanent lawn and ground covers. such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shal 'effect a high quality of environmental design. The fo[lowing provisions shall apply to each lot: a) Landscape plans are required as part of subtotals for site p~an review. Landscape plans are to include type, number and size of 3reposed plantings. As a mimmum, the submitted landscape 91an should nclude the following: For every one (1) acre of lot s~ze. four (4) trees shall be required To a maximum of forty (40) trees. Each reouired tree shall be at least ~wo (2) inches ir diameter at planting. Shrubs shall be used to screen Regular Session, December 18, 2000 490 parking areas and provide accent around buildings. * Parking areas located adjacent to a right-of-way shall be screened With a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three (3) feet in height within three years of planting. 2) All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion efconatrucfion or by the date that a bu dngs issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever occurs first required landscap ng Shall be insfalled. 3) The lot owner is required to replant any and all plant mafadais which have died due to any cause during the effective period of this PUD ordinance. F. Sion Reoul~tig~3~ 1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2) Wall-Mounted Signs; a) Menard's: 1) Total allowed squa~'e feofage: 600 square foot 2) Numberofsigns: unlimited 3) Below eave or parapet b) Out-lot: I) Total allowed square featage: 250 square feet 2) Number of signs: unlimited 3) Below eave or parapet 3) Freestanding signs; a) Menard's: 1) Total allowed square footage: 400 square feet 2) Maximum number:. 1 3) Maximum height: 40 feet b) Out-lot 1) Total allowed square footage: 200 square feet 2) Maximum number.' 1 3) Maximum height: 40 feet 4) Directional Signs! a) Menard's/Out-lot: 1) Maximum size: 6 square feat 2) Maximum number: Unlimited 3) Maximum height 10 feet 5) Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a licht source completely enclosed by the sign panel. 6) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G) Performance Standards The development and maintenance of uses n this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Off-sifa Improvements: Menard, Inc. shall be responsible for the design, construction and costs associated with the following off-site improvements: a) Construction of new signalized "T" intersection on U.S. Highway 20 to serve new Menard's store. b) Design and approval of all off-site improvements are subject to applicable City of Dubuque and Iowa Department of Transportation regulations and review procedures. 2) Site Lighting a) Exterior illumination of site features shall be imited to the illumination of the following: Pa~;king areas, driveways and loading facilities. Pedestrian walkway surfaces and entrances to the building. Screened storage areas. Building exterior. b) Location and Design: ~ All extedor lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. - All exterior lighting luminaires shall be designed and insfal]ed to shield light from the luminaire at angles acove 72 oegress from vertical. ~ A lighting plan shall be included as part of site Dian submittals that indicates types of lights used and ground light pattern for lighting of building and parking-related features. Fixtures mounted on a suilding shall not be positioned higher than the roof line of the building. Wooden utility-type poles are acceptable only for temporary use during construction. ~ All electrical service lines to Posts and fixtures shall be underground or concealed inside the posts 3) Utility Locations a) Service lines: all electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b} Mechanical equipment: all electrical transformers, switching gear, relay boxes, me[ers ail condi'doning units, heat pumps and other similar 49]_ Regular Session, December 18, 2000 mechanical equipment including reof- mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral par~ of the building's overall architectural design. :encing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment_ c) Final site development plans shall be submitted in eccoreance 'with Section 4-4 of the Zoning Ordinance pdor to construction of each building and vehicta-related feature unless otherwise exempted by Section 4-4. 4) ExtedorTrash Collection Areas: a) The storage of trash and debris shall be limited to that ~reduced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c) Extedor trash collection areas shall be located in rear or side yards on[y. d) .Ail exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be complateiy opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their mo tine shall be horb_onta[. All extedor emrances to a screened trash area shall be provided with a gate or door of similar design ro that of the screen. If a 10 foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in additio¢ to the screening. Evergreen plant -natedals shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. e) Other Codes and Regulations: These regulations do not relieve an owner from omer aoDlicable city, county, state or federal codes regulations, laws and other controls relative to the planning, construction operation, and management of uroper[y within the City of Dubuque. -t. Transfer of Ownershia Transfer of ownership or ease of ureperty in this PUD District shall nclude in the transfer or lease agreement a crovision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the distdct I. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance J. Recordinct" A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as s permanent record of the conditions accepted as part of this reclassification approval within ten [10) days after the adoption of this ordinance. This ordinance shall be binding uoo~ the undersigned and his/her heirs, successors ano assigns. Section 3 The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by [aw. Passed. approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk ACCEPTANCE OF ORDINANCE NO. 106-00 I. Thomas O'Neil, representing Menard, Inc. purchaser, having read the terms and eanditions of the foregoing Ordinance No.106-00 and being familiar with the conditions thereof, hereby acceD[ the same and agree To the conditions required therein. Dated this 9th day of January, 2001. By:/s/Thomas O'Nei[ Menarc Inc. ACCEPTANCE OF ORDINANCE NO. 106-00 We. William A. Siegert and Janet L. Siegert, property owners, having reaa the terms and conditions of the foregoing Ordinance No.106-00 and being familiar with the conditions [hereof, hereby accept the same and agree ro me conditions required therein. Dated this 15th day of January, 2001. By: ,s/William A S[eger[ By:/s/Janet L Siegert Published officially in the Telegraph Herald newspaper this-27th cay of December. 2000 Jeanne F. Schneider, City Clerk It 12/27 Michalski moved that [ne requirement that a proposed Ordinance Regular Session, December 18, 2000 492 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 fur[her moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carded by the following vote: Yeas--Markham, Michalski, Nichoison :~obbins, Dual. Cline. Nays--Duggan. Hughes Court Investment Co./Schneider Land Surveying Request for Rezoning: Proof of publication or notice of headng to consider rezoning properly located a~ 3195 Hughes Court from AG Agricultural District to LI Light Industrial Distdct at the request of Hughes Court investment Co./Schneider Land Surveying, to allow for construction of a w'arenouse DUilding Presented and read. BuoJ moved that the proof be "eceived and filed. Seconded by Cline. ~lotion carded 7-O. Robert Kirpes of 419 Winona spoke in favor of the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by rec[aesifying hereinafter described property Iocate(~ at the end of Hughes Court from AG Agricultural Distdct to LI Light Industrial District. presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 107-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF HUGHES COURT FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL 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 qereinaffer described property from AG Agricultural District, to Li Light Industrial District as shown in Exhibit A and to the center line of the adjoining public tight-of-way, all in the City of Dubuoue, 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 law Passed, approved and adopted this 18th day of December. 2000. Terrance Vl. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day ef December, 2000. Jeanne F. Schneider, City Clerk It 12/27 Dual moved that the requirement that a proposed Ordinance De considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be f~nally passed be suspended and fur[her moved final consideration aha passage of the Ordinance Seconded by Cline. Motion carded 7-0. Keliy Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning propem/ located on Kelly Lane (one lot north of 1171 Miller Road~ from R-I Single Family Residential District to R-2 Two- Family Residential District au the request of Leonard Wltt, to allow for construction of a duplex, presen[ea and read. Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from R-i Single Family Residential District to R-2 Two- Family Residential District. presented and read. Markham moved to concur with [he denial. Seconded by Cline. Motion carried 7-0. Moro Big 10 Mar[ - Recues[ for Rezoning: Tabled at meedng of November 20, 2000. Dual moved to remove this matter from the table. Seconded by Nicholson. Motion carded 7-0. Steve Gofius 2461 Spring Green. sooke requesting the rezoning. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District ia C-3 General Commercial Distric[, presented aha read. 493 Regular Session, December 18, 2000 (OFFICIAL PUBLICATION) ORDINANCE NO. 108-00 AN ~)RDINANCE AMENDING APPENDIX A (THE "ZQNING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2'120 JOHN F. KENNEDY ROAD FROM C-2 ~EIGHBORHOOD SHOPPING CENTER 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 C-2 Neighborhood Shopping Center District to C-3 General Commercial Distitct to wit: Lot 1 of Lot 2 Asbury Springs Subdivision No. 5 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Passed, approved end adopted this 18th day of December 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in-the Telegraph Herald newspaper this 27th day of December. 2000. Jeanne F. Schneider City Clerk It 12/~7 Michalski moveo 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 fuCLher moved final consideration and passage of the Ordinance. Seconded by Cline. Carded by the following vote: Yeas--Duggan, Markham Michalski Robbins Buol Cline Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, presented and read. Markham moved that the communication be received eno filed. Seconded by Nicholson. V~otion carried 7-0. RESOLUTION NO. 606-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CONCRETE REPAIRS ON GRANDVIEW AT DELHI PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE BE tT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Concrete Repairs on North Grandview a[ Delhi Project under contract with Portzen Construction of Dubuque. Iowa. which final plat and schedule were filed in the office of the City Clerk on the 16th day of November, 2000. [he said schedule of assessments be and the same is hereby approved and adopted. That there be. and is hereby assessed and levied as a special tax against ano upon each of the tots, the reseective sums indicated.. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies ate found to be proper and evied conditionally against the respective properties benefitted Dy the imorovements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in propoCdon to the~special benefits conferred and not n excess of twen~y-five percent of the value of some. That the City Clerk be and is hereby directed to certify sam schedule to the County Treasurer of Dubuoue County, iowa and m publish ~otice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3 the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the cate of the second 2ub[ication of the notice, the'City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment as Provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in Dart without nterest at the office of the Count~ Treasurer a[ any I~me within 30 da'ye after the date of the first publication of this notice of the Regular Session, December 18, 2000 filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in f0 annual installments and will draw annual interest at nine (9) percent (commencing on the date df acceptance of the work) computed to the December 1 neXt following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 fallowing its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk SCHEDULE OF VALUATION AND FINAL ASSESSMENTS - N. GRANDVIEW - DELHI OWNFR ~ TOTAL NET ASSESSMENT Mdconne ~ Laveme D. Jackson Hedge Subd. Eot 4 $1,899.56 Smith, Steven Hedge Subd. Lot 5 $1 899 56 TOTAL $3,799.12 Markham moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on nottce of headng on plans and specifications and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Cardage Building Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, lac. in the amount of $166,100, presented and read. Buol moved that the proof and communication be raceived and filed: Seconded by Nichalson. Motion carded 7-0. RESOLUTION NO. 607-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque; 10wa for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. Whereas, nofice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specificafions, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7,0. RESOLUTION NO, 608-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse and Carriage Building Demoifiion and Site Clearance Project pursuant to Resolution No. 570-00 and nofice to bidders published in a newspaper 3ublished in the City of Dubuque, Iowa on the 24th day of November, 2000. Whereas, said sealed proposals were opened and read on the 12th day of December, 2000, and it has been determined that the bid of Peteraon Contractors, Inc. of Reinbeck, Iowa, in the amount of $168,100.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Peterson Contractors, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work_ BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18~ day of December, 2000. ~l'errance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution, Seconded by Nichoison. Motion carried 7-0. Robbins moved to reinstate the rule limiting discussion to the Council. Seconded by Nicholson. Motion carr ed 7-0. 495 Regular Session, December 18, 2000 ACT[ON ITEMS Human Rights Ordinance: Thom Deterrnan. Chair of the Human Rights Commission, subm~ng recommended changes ro the Human Rights Ordinance, presented and read. Buol moved that the communication be received and filed. Seconded by Markham Motion carded 7-0 Thom Determan sooke requesting the changes. An Ordinance Amending the Code of the City of Dubuque, Iowa by repealing Secfion 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Dufies in lieu thereof. presented and read. (OFFICIAL PUBUCATION} ORDINANCE NO. 109-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-27(4) POWERS AND DUTIES AND ENACTING A NEW SECTION 27-27{4) POWERS AND DUTIES IN LIEU THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Secfion 1. That he Code of Ordinances of the City of Dubuque, owa, be amended by repealing Section 27-27(4) Powers and Duties. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa. be amended by enacting a new Section 27-27(4) Powers and Duties in leu thereof as follows: Section 27-27(4). Powers and Duties: To issue such publication and reports of investigations and *esearsh as in the judgment of the Commission shall promote civil and respectful behavior which shall tend to eliminate discrimination in public accommodations, employment, apprenticeship and on-the-job training orograms, vocational schools, housing or credit because of age, ~'ace, creed, color sex, national ongm, religion, ancestry, disability pr marital status Passed approved and adopted this 18th day of December. 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December. 2000. Jeanne F. Schneider City Clerk It 12/27 Buol movea that the requirement that a proposes 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 sessage of the Ordinance. Seconded by Markham. Mofion carried 7-0. Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and [ne Mississippi River Discovery Center and Aquadum at the Port of Dubuque, presented and rea(]. Markham moved that the communicafion be received and filed. Seconded by Nichdison. Morion carded 7-0. RESOLUTION NO. 589-00 RESOLUTION OF CITY OF DUBUQUE SUPPORT FOR THE VISION IOWA APPLICATION FOR FUNDS FOR AMERICA'S RIVER FOR THE MISSISSIPPI RIVER EDUCATION AND CONFERENCE CENTER AND THE MISSISSIPPI RIVER DISCOVERY CENTER AND AQUARIUM AT THE PORT OF DUBUQUE. Whereas the citizens of Dubuque have been working together since 1992 on. plans to reclaim the dverfront for the enjoyment of the community and its many visitors; and Whereas the City of Dubuque, the Ououque County Historical Society, and the Dubuque Area Chamber of Commerce ~ave formeo a strong ~artnershio to lead the community in efforts to develop Dubuque's dverfront into a world-class attraction' and Whereas. there has been extraordinary evels of private participation in the fundraising for the dverfront development efforts from ndividuals corporations, and government agencies; and Whereas, the City of Dubuque is committing to construction of a riverwalk and other infrastructure improvements on the dverfront and in the adjacent downtown area: and Whereas. the Dnvate sector has 'naae significant financial commitments which will leverage the public Investment ana increase the level of interest in the Dubuque Riveffront; and wnereas the construction of the Mississippi River' Education and Conference Center on the Port of Regular Session, December 18, 2000 496 Dubuque will provide the venue to host groups and individuals from around the wodd and make Dubuque and Iowa the center for learning about the Mississippi River and the State of Iowa; and Whereas, the plans for the development of Dubuque's riverfront meet the goals of the Vision Iowa program by providing lo,va with this world-class attraction; and Whereas, the planning for the development of Dubuque's fiverfront is at the stage where the community is ready to begin the consb'ucfion phase for the major infrastructure improvements of the project. NOW THEREFORE, BE {T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: The City of Dubuque hereby lends it continued support to the efforts of the community for the development of the dverrront of the Mississippi River. Section 2: The City of Dubuque together with its paKners, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce, commits over $29 miilion in City funds over $20 million in private participation, over $8 million in federal grants, and over $17 m~Iion in private fund raising and land donations to match almost $58 million in Vision iowa funds toward construction of the America's River project in the Port of Dubuque. Passed. approved and adopted this lath day of December 2000. Terrance M. Duggan, Mayer Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nichelson. Motion carned 7-0. Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recendy reconstructed Fifth Street, from Iowa Street to _ocust Street, presented and 'earl Robbins moved that the communication be receiveo and tiled. Seconded by MichalskL Motion carded 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-3G~(d) prohibiting parking at any tmle ~n certain designated zones relating to Fifth Street between Iowa and Locust Streets. presented and read. (OFFICIAL PUBLICATION} ORDINANCE NO. 110-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-262(d) PROHIBITING PARKING AT ANY TIME IN CERTAIN DESIGNATED ZONES RELATING TO FIFTH STREET BETWEEN IOWA AND LOCUST STREETS 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: Fifth Street, West. south side, from Bluff Street to Hill Street; noah side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street. Section 2. That the Coda of Ordinances of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Fifth Street, south side, from Bluff Street tq Hill Street;, north side, from a ~oin,t, one hundred ninety-two feet 192 ) west of Bluff Street to Prospect Street and from Iowa Street to Main Street, provided, however it shell qo[ be unlawfu to stop, but omy in the drop-off areas provided, for the sole purpose of and for the time necessary to allow passengem to enter or exit a vehicle and dudng which time the vehicle shall not be unattendec. Passed, approved and adopted this 18~" day of December 2000. Torrance A: Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Published officially in the Telegraph Herald newspaper this 10th aay of January, 2001. ,Jeanne =. Schneider City Clerk It 1/10 Robbins moved that the requirement that a proposed Ordinance be considered aha 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 MichaIski. Motion carried 7-0. An Ordinance Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portior of Subsection (g) of Section 32-263 relating tc angle parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 111-00 497 Regular Session, December 18, 2000 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. BY DELETING A PORTION OF SUBSECTION (g) OF SECTION 32-263 RELATING TO ANGLE PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. [OW,~ Section 1 That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting from Subsection (g) of Section 32-263 thereof as follows: Fifth Street, north side. from iowa Street to Locust Street Passed, approved and adopted this 18~ day of December, 2000. Terrance A. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this-10th day of January, 2001. Jeanne F. Schneider. City Clerk It 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on [or passaga at two Council Meetings pdor to the meeting az which it is to be finally oassed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carded 7-0. "No Parking" in Alley by Lincoln School: City Manager recommending approval' of parking restrictions in the alley between Alpine and Nevada near West Fifth Street. in response to a oe~on from residents of the area oresented and reao. Robbins moved that the communication De received and filed. Seconded by Cline. Motion carded 7-0. An Ordinance Amending Section 32- 262(d} of ~he Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets or ecrtions thereof, by adding the alley Be[ween West Fifth Street ano University Avenue from Nevada Street to Alpine Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 112-O0 AN ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREETS. OR PORTIONS THEREOF. N BY ADDING THE ALLEY BETWEEN WEST FIFTH STREET AND UNIVERSITY AVENUE FROM NEVADA STREET TO ALPINE 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, owa is amended by adding to Subsection (d) of Section 32-262 the following: Alley, both sides between West Fifth Street and University Avenue from Nevada Street to Alpine Street Passeo, approved and adopted this 18th day of December. 2000. Terrance A. Duggan, Mayor At,sst Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk It 1/10 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 considera~on and passage of the Ordinance. Seconded by Cline. Motion carded 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riorow Valley site be removed from consideration for barge fleeting on the Mississippi River at the January 15. 2001 public hearing, presented-and read. Michalski moved mat the communication be received and filed and 'ecommendation aeeroveu. Seconded byMarkham. Motion carded 7-0. Reouest for Proposals - Fourth Street Peninsula: City Manager recommending that the City issue a Request for Proposals for ~laster Planning an(] Design Services for the ninety acres of the Fourth Street Peninsula and to include a price for the thirty acres south of the ce Harbor [o see if that is affordable at this time. presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7- 0. Council Member Reports: Michalski stated kudos to Operations ana Maintenance for snow removal Regular Session, December 18, 2000 498 ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Add~on - Request to Vacate: City Manager recommending that a public hearing be set fpr January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carded RESOLUTION NO. 609-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition; and Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently platted on said lots; and Whereas, Jim Stock Realty & Construction has petitioned to vacate pordons of said easements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuc intends to dispose of its interest and vacate a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements over portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second AddiSon in the City of Dubuque, as shown on the attached Exhibits A and B. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published in the manner as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this 18~ day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. At 8:49 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 carried 7-0. The meeting adjourned at 8:50 /s/Jeanne F. Schneider City Clerk Approved .~_~-/J~C~/E~¢. ~ , 2001 Adopted 2~/~¢/~//'~/~ ,~' ~01 ' Clerk At 8:37 P.M. Buo[ moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1)(j)(c). Seconded by Markham. Motion carried