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1999 January Council ProceedingsRe,qular Session, January 4, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 4, 1999. Council met at 7:00 P.M. Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Ron Schardt of War[burg Theological Seminary. MINUTES SUBMITTED: Human Rights Commission of 11-9; Library Board of Trustees of 11~19, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by BuoL Motion carded 7-0. AJrpoK Commission of 8-17, 9-10, 9- 21, 9~22, 10-13, 10-19 & 11-16, presented and read. MichalskJ moved that these minutes be received and tiled. Seconded by Buol. Motion carried 7-0. Proof of Publication certified to by the Publisher on publishing council proceedings for meeting of 12-7-98, presented and read. Voetberg moved that the proof be received and filed. Seconded by BuM. Motion carded 7-0. NOTICE OF CLAIMS/SUITS -- Louis Lugrain submitting claim for labor and materials according to a contract with McGill Restoration; Richard Meehan in amount of $298.15 for vehicle damages; Michael Joseph Shaffer in total amount of $200,000.00 for personal injuries and related incidence; Doug Shinkunes in amount of $140.00 for parking fines and impoundment; Ms. Lois Westemier in total amount ef $982.80 for personal injuries, presented and read. Voetberg moved that the claims and surfs be referred to the Legal Staff for investigation and report. Seconded by Buol. Motion carried 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Daniel R. Starkey, Personal injury of Medicei Associates Health Plans (Sarah A. Hickey), presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Corporation Counsel recommending denial of ParJdng tickets and impoundment of vehicle claim of Doug Shinkunas, Voetberg moved that the communication be received and filed and denial approved. Seconded by Budi. Motion carded 7-0. Corporation Counsel recommending settlement of vehicle damage of Kim M. Eppler in amount of $264.75 and direct Finance Director to issue check, presented and read. Voetberg moved that the communication be received and tiled and recommendation approved. Seconded by Buol. Motion carded 7-0. HUD expressing appreciation for timely submission of the Grantee Performance Report (GPR) for the 1994 Disaster Recovery Assistance Program; HUD submitting Consolidated End-of-Year Review - Program Year 1997 and commending the City on various accomplishments realized this year, padJculafly in the area of housing and in the timely utilization of funds, presented and read. Voetberg moved that the communications be received and filed. Seconded by Buei. Motion carded 7-0. IDOT submitting notification that they propose to [et a U.S. 20 bridge repair project within the City at the Julien Dubuque Bridge over the Mississippi River on Februaq/16, 1999, presented and read. Voetberg moved that the communication be received and filed. Seconded byBuoL Motion cardedT-0. City Manager recommending approval of application to IDED for HOME Investment Partnemhip Program funding, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. 2 Regular Session, January 4, 1999 RESOLUTION NO. '1-99 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION TO PARTICIPATE IN THE IOWA HOME INVESTMENT PARTNERSHIP PROGRAM. Whereas, the City of Dubuque recognizes a continuing need to assist rental unit ownem in improving their proper~es occupied by lower-income families; and Whereas, the City recognizes the benefit of such assistance, in the form of neighborhood impact and increased tax base; and Whereas, the City has successfully administered State and Federally funded rental rehabilitation program since 1984, including HOME Program grants received in 1992, 1993 and 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorfzed and directed to execute an application to the Iowa Department of Economic Development for participation in the HOME Investment Partnemhip Program. Section 2. Thatthe Ci'ty of Dubuque Housing Commission is d[rectad to hold the necessary public hearing regarding this application, in accordance with requirements of Iowa Code, Section 362.3. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a tirnely fashion and as required by the Iowa Department of Economic Development. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending approval from APEX Environmental to install monitoring wells presented and read. Voetberg moved that the communication be received and flied. Seconded by BuoL Motion carried 7-0; RESOLUTION NO. 2-99 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND APEX ENVIRONMENTAL, INC. TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 198 LOCUST STREET Whereas, Apex Environmental, Inc., on behalf of Sunoco, Inc., has requested permission from the City of Dubuque to install monitoring wells on City right-of-way at 198 Locust Street in Dubuque, Iowa for the purpose of assessing current groundwater conditions at and surrounding the property; and Whereas the License Agreement R ght-of-Entry for Site Assessment has been prepared outlining the responsibilities of Apex Environmental, Inc. and Sunoco, Inc., in the installation of the monitoring wells on public right-of-way; and Whereas, the performance of the activities of Apex Environmental, Inc., will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of- way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Right-of-Ent~ for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute and said Ucense Agreement for and on behalf of the City Council. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of Plat of Survey of Radford Rd., presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 3-99 RESOLUTION APPROVING PLAT OF SURVEY OF A PORTION OF RADFORD ROAD RIGHT-OF-WAY Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat datad January 1, 1999, prepared by the City of Dubuque, describing the retracement of a portion of Radford Road right-of-way; Whereas, said plat conforms to the Reqular Session, laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C~TY OF DUBUQUE, IOWA: Section 1. That the plat dated January 1, 1999, prepared by the City of Dubuque relative to the real estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor At[est: MaryA. Davis, C~ Clerk Voetberg moved adopfion of the Resolution. Seconded by Buol. Motion carded 7-0. CH Manager recommending approval of replatting for Airport Road Subdivision presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Mofion carded 7-0. RESOLUTION NO. 4-99 RESOLUTION APPROVING PLAT OF PROPOSED AIRPORT ROAD SUBDIVISION Whereas, there has been presented to the City Council of the City of Dubuque, iowa, a plat dated December 11, 1998, prepared by the C~, of Dubuque describing Airport Road Subdivision; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated December 11, 1998, prepared by the City of Dubuque relative to the rea[ estate hereinabove described by and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor January4,3999. . 3 Attest: Mary A. Davis, City Clerk Voetberg moved adopt[on of the Resolution. Seconded by BuoL Motion carded 7-0. City Manager recommending acceptance of Improvements in Lots 7, 8, 9 & D in Westmark presented and read. Voetberg moved that the communication be received and ti[ed. Seconded by BuoL Mot[on carried 7-0. RESOLUTION NO. 5-99 ACCEPTING IMPROVEMENTS IN WESTMARK SUBDIVISION Whereas, pursuant to Resolution No. 69-96 certain improvements including street paving, storm sewers, watermain and street lighfing were installed by the developer of Lots 7, 8, 9 and D in Westmark; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a cer~ficate stating that the same has been completed in accordance with the plans approved by the City Counci~ and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the recommendation of the C~, manager be approved and that said improvements in Lots 7, 8, 9 and D in Westmark be and the same is hereby accepted. Section 2. That maintenance of said ~mprovements shall be the responsibility of the contractor and the owner for a period of two year's from this date. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg m6ved adopt[on of the Resolution. Seconded by BuoL Mot[on carded 7-0. City Manager recommending acceptance of Improvements to Edwards Road presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Mot[on carded 7-0. RESOLUTION NO. 6-99 ACCEPTING IMPROVEMENTS TO EDWARDS ROAD Whereas, pursuant to Resolut[on No. 545-98 certain improvements including street paving, storm sewers, Regular Session, January 4, 1999 sanitary sewers and watermain and street lighting were installed by the developer of Edwards Road; and Whereas, the improvements have been completed and the City Manager has examined the work and has tiled a ceKdficate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. 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 improvements to Edwards Road be and the same is hereby accepted. Section 2. That maintenance of ssid improvements shall be the responsibility of Edwards Precast Concrete Company and the owner for a pedod of two year's from this date. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 7-99 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 Kwik Stop Rainbo Oil Cam 280 Locust St. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 8-99 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B' BEER PERMIT James Theisen Local 94 UAW +(Sunday Sale) 3450 Central Ave CLASS "C" BEER PERMIT Iowa Oil Com. IOCO Speede Shoppe #33+(Sunday Sale)3200 Central Ave Rainbo Oil Com. Kwik Stop Food Mart+(Sunday Sale) 2320 Highway 61 Passed, approved and adopted this 4th day January, 1999. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 9-99 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 have tiled 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/LIQUOR PERMIT Frickie's L.C. A & B Tap 2600 Central Ave. Kinseth Hotel Carp Holiday Inn 5 Flags(Outdoor Serv) 450 Main St CLASS "B"(WB) WINE PERMIT James Sullivan Dubuque Religious Center 923 Main St. Passed, approved end adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resol~an. Seconded by Buol. Motion carried 7-0. BOARDS AND COMMISSIONS APPOINTMENTS TO HUMAN RIGHTS COMMISSION: Applicants: Kathy BIau, Thomas Determan, Rev. Kris KJncaid, Katherine Stevens, Ruby Sutton. Vote on the appointments was as follows: Buol voted for Bleu, Determan, and Reqular Session, January 4, 1999 5 Sutton. Duggan voted for Blau Stevens and Sutton. Markham voted for Bleu, Determan and Sutton. Michalski voted for Biau, Determan and Sutton. Nicholson voted for Kincaid, Stevens and Sutton. Robbins voted for Bleu, Stevens and Sutton. Voetberg voted for Blau, Determan and Suttor Therefore, Kathy Blau, Thom Determan and Ruby Sutton reappointed to three year terms which will expire January 1, 2002. Michalski moved to suspend the rules to allow indMduals to address the Council. Seconded by Robbins. Motion carried 7-0. Proof of Publication, cer~ed to by the Publisher on Notice of Public Hearing to consider reclassifying property located at Southwest Comer of the Northwest Artadal and Asbury Road from AG and C-3 to PUD with PC and PR District Regulafions (QHQ Properties); Petition containing 16 signatures (residents of Wild Flower Dr., Gabdel Dr. and High Cloud Dr. objecting to rezoning of property south of Asbury Rd and west of the Northwest Arterial; PoSen of 95 signers objecting to rezoning; Bob & Unda Schmidt objecctng to proposal by QHQ Prepe~es/Mike Quagliano to rezone property;, Ron Paisley objecting to rezoning proposal; Steven M. Sanders, Ann & Jeff Liddle and Paul Engelberth objecting to rezoning as proposed; Communications sent to Council Member Nicholson objecting to proposed plans from Virgil Nauman, M. Janice Giesler, Dave Schroeder, Tom Schroeder, Pat Schroeder, Kenneth Brown, Lucille Giesler and Staven & Cynthia Redman; Larry We~ Sign Systems inc. and Gene Bird Sign requesting reconsideration on r.edeve[opment plan and adopt the C3 sign regulations as the governing doctrine; Pelion with 132 signora requesting denial of another access to the arterial; Tom Schroeder objecting to proposed rezoning as requested by QHQ PropeRties, presented and read. Nicholson moved that the proof, petitions and communication be received and tiled. Seconded by Michalsk/. Motion carded 7-0. Pe~on containing 360 signatures (183 of which are City residents) approving the rezoning request, presented and read. Nicholson moved that the petition be received and filed. Seconded by Michalski. Mofion carded 7-0. Mike Quagliano. Developer for property, addressed the Council requesting approval of plan as presented. The following addressed the Council voicing their objections to the proposed plans: Duane Geisler, Bob Schmidt, John Youngbluth, Tom Schroeder, Ron Paisley, Becky Wall and Steve Sanders. Planning Sources Manager advising opposition to PUD request of QHQ PropeRties totals over 20% therefore, 3/4 vote of Councl is now required for adopfion. Nicholson moved final adoption of an Ordinance Amending Zoning Map by recJassifTing property located at Southwest corner of the Northwest Artedal and Asbury Road from AG Agricultural District and C-3 General Commercial Disthct, with conditions, to PUD Planned Unit Development Distdct with PC 'Planned Commercial District and PR Planned Residential District designations and adopting a Conceptual Development Plan, with c.onditions, with first & second readings gwen on 12-21-98. Seconded by Michalski. Mcton was denied by vote ofT-0. (Re,zoning Denied). Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider reclassifying property located at 35 North Booth Street (the exi~ng YMCA-Y'vVCA Building) from OR to OS and area from R-1 to OS District. (YMCA-YVVCA), ~resented and read. Buol moved that the communication be received and filed. Seconded by Voetberg. Motion carded 7-0. An Ordinance Amending Zoning Map by reclass~ing property located at 35 North Booth Street (the existing YMCA- YWCA Building) from OR Office Residential Distdct to OS Qfflce Service District and West and East of the YMCA-YWCA Building from R-1 Single-Family RssidentiaJ Distdct to OS Qffice Service District, with first & second readings given on 12-21-98, now presented for tinal action. (OFFICIAL PUBLICATION) ORDINANCE NO. 1-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, Regular Session, January 4, 1999 BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT35 NORTH BOOTH STREET (THE EXISTING YMCA-YWCA BUILDING) FROM OR OFFICE RESIDENTIAL DISTRICT TO OS OFFICE SERVICE DISTRICT AND WEST AND EAST OF THE YMCA-YWCA BUILDING FROM R-I SINGLE-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE 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 located at 35 NoAh Booth Street (the existing YMCA-YWCA building) from OR Office Residential Distdct to 'OS Office Service District and west and east of the YMCA-YWCA building from R-1 Single-Family Residential District to OS Office Service District, to wit Parcel ID numbers 10-26.426-004, 10- 26-426-006, 10-26-426-011, 10-26- 426,013, 10-26-426-014, 10-26-426, 015, 10-26-426-016, and 10-26-426- 017 and to the center line of the adjoining public right-of-way, ali in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1999. Mary A. Davis CMC, City Clerk ltl/8 Buol moved tinal consideration and passage of the Ordinance. Seconded byVostberg. Motion carriedT-0. Proof of Publication cer~fied to by the Publisher, on Notice of Public Hearing to reclassify property North of 2275 Elm Street from R-2A to CS District (Todd Schmitz), presented and read. Robbins moved that the proof be received and tiled. Seconded by Nicholson. Carried by the following vote: Yeas-- Duggan, Buol, Markham, Nicholson, Robbins, Voetberg. Nays--Michalski. An Ordinance Amending Zoning Map by reclassifying property located North of 2275 Elm Street (Lot 2 of Ambling Subdivision) from R-2A AJternate Two- Family Residential District to CS Commercial Service and Wholesale District, with first and second readings given on 12-21-98, now presented for final action. (OFFICIAL PUBLICATION) . ORDINANCE NO. 2-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF 2275 ELM STREET (LOT 2 OF AMBLING SUBDIVISION) FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sect/on 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by rerJassifying the hereinafter described property from R- 2A A;temate Two-Family Residential District to CS Commercial Service and Wholesale District, to wit Lot 2 of Ambling Subdivision, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by [aw. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1999. It 1/8 Mary A. Davis CMC, CH Clerk Robbins moved tinal consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Duggan, Buol, Markham, Nicholsbn, Robbins, Vostberg. Nays---Michalski. Regular Session, January 4~ ~1999 7 Proof of Publication certified to by the Publisher. on Notice of Public Headng to amending Zoning, Ordinaece establishing regulations for placement of towers and antennas, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. An Ordinance Amending the Zoning Ordinance (Appendix A of City Code of Ordinances) by adding a Section 4-9 to establish regulations for the placement of Towers and Antennas, with first and second readings given on 12-21-98, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 3-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADDING A SECTION 4-9 TO ESTABLISH REGULATIONS FOR THE PLACEMENT OF TOWERS AND ANTENNAS. 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 adding a Section 4-9 to establish regulafons for the placement of towers and antennas as follows: Section 4.9 Towers and Antennas. Section 4-9.1 General Statement of Intent. The provisions of this section are intended to regulate the location of towers and antennas. The Telecommunications Act of 1996 restructured and deregulated many aspects of the country's communication industry. New wireless ta[esommunicafon providers entedng the market desire to build a network that may require additional wire[ess telecommunications towers and antennas mounted on existing buildings and other structures. The purpose of these regulafons is to encourage the use of the new technologies while protec~ng the safety and aesthetics of the community. Section 4-9.2 Defini~ons: 1) Antenna: Any extedor transmitting, reception or receiving device mounted on a Tower, building or freestanding structure and used in transmission or reception of electromagnetic waves, digital signals, analog signals, radio ! frequencies (excluding radar signals), wbelees telecommunication signals or other communication signals. '2)~ntanna array::, a grouping of antennas that encompasses both transmitter(s) and receiver(s) of a single Wireless telecommunication provider. 3}Tower: Any structure that is designed and constructed pdmadly for the purpose of supporting one or more Antennas including self-supporting at~ca towers, guyed towers, or monopole towers. The term also ineludes radio and television transmission towers, microwave towers, cellular telephone towers, alternative tower structures, and other similar structures. The term includes the structure and any support thereto. 4)Tower height: The distance measured from the grade level at the base of the Tower to the highest point on the Tower, including any antenna mounted on the Tower. 5) Support facil~es: Support buildings, boxes, cabinets or similar structures containing electrical or mechanical equipment and developed for the reception or transmission of electromagnetic waves, digital signals, analog signals, radio frequencies (exeluding radar signals), wireless telecommunication signals or other communication elgnals. 6) ANSI: Amedcan Nafonal Standards Institute. 7)FCC:Federel Communications Commission. 8)FAA: Federal Aviation Administration. Section 4-9.3 Applicability. 1) Non-eesentiel Services. a} Wirelees telecommunication towers and antennas shall be regulated )ursuant to this ordinance and net regulated as essenfal service, public util~ or pdvata utility. 2) This section shall apply to all towers and antennas except the following: a) Individually owned residential receive only antennas. b) Satellite receMng dishes not larger than five (5) feet in diameter (see accessory structures). c) Existing or new pub c safety structures necessary for broadcast of e~ergency communicafons or warning sirens operated by governmental subdivisions. Section 4-9.4 Towers. 1) No Tower, and their associated support facilities, shall be constructed, except in accordance with the following requirements: Regular Session, January 4, 1999 ZONING J US~ ' s~r~c~s ~ HEIGHT' COLOR J UOHT~Na *Tower he ght may be furtheF restricted by Section 2-5.11 Restricted Height (RH) Oveday District. 2) Applicants proposing to construct a tower higher than allowed by Subsection (1) may apply for a vadance to the Zoning Board of Adjustment. 3) Guys and support facilities must comply with setback requirements for the district in which they are located. 4) Towers are prohibited in any Public Open Space District 5) Towers are prohibited in Historic Districts and within 1,000 feet of any Historic District. 6) Application requirements for site plan review. a) Site plans for Towers shall be submitted and reviewed in accordance with Section 4--4 of this Ordinance and shall be considered a major site plan. The following information shall be submitted with the site plan: · site and landscape plans drawn to scale; · a report, including a description and visual depiction of the Tower, with technical reasons for its design and an explanation of why existing Towers or other structures cannot be utilized; · engineered plans for the structure and foundation; · the general capacity of the tower, and information necessary to assure that ANSI standards are met; · a statement of intent on whether excess space will be leased; proof of ownership of the proposed site or authorization to utilize it; · co pies of any easements necessary; and · an analysis of the area containing existing topographical contours. Section 4-9.5 Antennas. 1) AntennaS, and their essential support facilities, shall be allowed as a [5~rmitted 'use in any zoning ~istdct subject to the following: a) A simple site plan shall be submitted for each Antenna or Antenna Army providing the following information: · Mounting location of proposed Antenna or Antenna Array on host structure. · Description of Antenna or Antenna Army height and width, including a photo (if available) or other visual representation. · Proof of ownership of the proposed site or authorization to utilize iL b) The antenna does not extend more than thirty (30) feet above the highest point of the host structure. c) Antennas may be mounted on non- residential structures, including, but not limited to, existing towers, traffic signals, street lights, water towers, billboards, telephone tower and emergency signal poles, bddges, and parking deck structures. d) Antennas or Antenna Arrays shall comply with the maximum height requirement of the zoning distdct in which they are located. Applicants proposing an Antenna higher than allowed by the zoning district in which it will be located may apply for a variance to the Zoning Board of Adjustment. e) No Antenna or Antenna Array may, by virtue of this ordinance, occupy, encroach or "overhang' any public right-of-way without the expressed approval of the City of Dubuque. f) Each Antenna installation shall require a separate building permit. g} A building permit for the installation of an Antenna in a Historic District requires the prior issuance of a Certificate of Appropriateness from the Historic Preservation Commission. Section 4-9.6 Support facilities. 1) Support facilities shall be cfa color and construction that is compatible with Reqular Session, January 4~ 1999 9 ~m-°~ di~ development z) ~upport P~c~-~_~ than four hundred (400) square feet of gross floor area and more than twelve (12) feet in height 3} Setbacks for Support Facilities shall be the same as the setbacks required for other structures in the zoning diatdct in which they are located. Section 4-9.7 Landscaping and screening requirements for towers and support facilities. 1) Support facilities and Tower bases shall be landscaped with a buffer of plant materials that effectively screens from view the tower base and any Support Facilities from adjacent property or street The plantings installed shall be of a size and species that can achieve a height of six (6) feet and seventy-t'Ne percent (75%} opacity within three (3) growing seasons. 2) In locations where the visual impact of the tower and support facilities would be minimal, the landscape requirement may be reduced or waived by the City Planner. 3) Existing mature tree growth and natural land forms on the property shall be preserved to the maximum extent possible. Natural growth around the property pedmater may be considered a sufficient buffer for a proposed Tower and support facilities as determined by the City P~anner. Section 4-9.8 Application requirements for conditional use permits. 1) A! applicant proposing a Tower that requires a cond~onal use permit for construction in the zoning distdct for which it is proposed shell submit the following information, in addition to requirements established in Section 5- 3.4(A) of this ordinance: · site and landscape plans drawn to scale; · a report, including a description and visual depiction of the Tower, with technical reasons for ~ design and an explanation why existing Towers or other structures cannot be utilized, including pre-approved City- owned locations; · the general capacity of the Tower and information necessary to assure that ANSI standards are met; · a statement of intent on whether the excess space will be leased; · proof of ownership of the proposed site or authorization to use it; · copies of any easements necessary;, and, · an analysis of the area containing existing topographical contours; Section 4-9. Non-conforming Towers or Antennas !,~ ~'.~ ~ ,~'-w~r~r antenna which effective date of this ordinance or date shall be regulated according to the rules set forth in Section 4-6 of the Zoning Ordinance, except as follows: a) New Antennas and Support Facilities may be mounted on a non- conforming tower, b) A non-conforming Tower within one thousand (1,000) feet of an Historic Preservation District shall be considered a legal non-confdrming' Tower. As such, the Tower may remain until it has been abandoned. c) Should any lawful nonconforming Tower be destroyed by any means to an extent of more than seventy-five percent (75%) of its replacement cost at the time of destruction, it may only the provisions of this ordinance provided that the destruction was caused by an accident or act of God occurring after the adoption of this does not increase the degree ,of nonconformity that existed prior to destruction. Section 4-9.10 Abandonment. 1) The operator of a Tower shall )rovide the City of Dubuque with a copy of the notice to the FCC of intent shall have ninety (90) days from the the Tower and Support Facilities. 2) Any Antenna or Tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such Antenna or Tower shall remove the same within ninety (90) days of issue date of the notice to remove the tower or antenna. A maximum of two (2) twelve (12) month extensions may be granted by the City Planner if the tower operator is actively seeking tenants for the subject tower. 3) If the owner of a Tower fa s, after notice, to remove the Tower, the City shall begin the civil c~tion process. Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory Commission of the C~ of Dubuque, Iowa. Section 3. This ordinance shall take affect immediately upon publication, as provided by law. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor 7.0 Regular Session, January 4, 1999 Attest: Mary A. Davis, City Clerk ! PRO~q. TY; (2.)~DETERM~.~NG TJ4AT Published officially in the Telegraph ~ THE PROPOSAL SUBMITTED BY Herald nav, lpaper ~his ,'~1~h day of' EAGLEWlNDOW&DOOR, INC. AND It 1/11 Mary A. Davis CMC, City Clerk Voetberg moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Communication of Joel Morris, on behalf of the Board of Education of the Dubuque Community School District, requesting Tim Hodge, President of the Board of Education be allowed to address the Council to consider the development of a 28E Agreement between the Ctiy and Schodi District to share the proceeds from a proposed Local Option Sales and Services Tax, presented and read. Voetberg moved that the communication be received and filed. Seconded by MichalskL Motion carried 7-0. Mr. Hodge addressed the Council indicafing the election for a 1% tax for properly tax relief was to be held in Maywith a 10 year limit on the tax. Communications from Donna Bauedy and Parker Bauer, Dubuque Community Schodi District Board Members supporting the development of a 28E Agreement between City and School on proposed Local Option Sales and Services Tax, presented and read. Voetberg moved that the communications be received and flied and Staff to work with appropriate School Staff to prepare 28E Agreement. Seconded by MichaiskJ. Motion carried 7-0. Council appointed City Manager Michael Van Mi[ligen or his designee as their representative on the Enterprise Zone Commission. City Manager requesting a public hearing be set for Feb. 15, 1999 to consider disposing of property in Urban Renewal District to Eagle Window & Door, presented and read. Voetberg moved that the communication be received and filed. Seconded by Budi. Motion carried 7-0. (OFFICIAL PUBLICATION) RESOLUTION NO. 10-99 RESOLUTION (1} APPROVING THE MINIM U M REQUIREMENTS, COMPETITIVE CRITERIA, OFFERING PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL DUBUQUE-EAGLE, LLC SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE DEVELOPMENT AGREEMENT WITH EAGLE WINDOW & DOOR, INC. AND DUBUQUE-EAGLE, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City of Dubuque, Iowa, did on August 15, 1994, adopt an Urban Renewal Project known as the Kerper Bodievard Industrial Park Economic Development District (the 'Plan') for the urban renewal area described therein; and Whereas, such Plan provides for, among other things, the disposition of properties for privata development purposes as a proposed renewal action; and Whereas, Dubuque-Eagle, LLC ('Developer') and Eagle Window Door, Inc. ("Employer") have submitted to the City a specific proposal for the acquisition of certain property hereinafter described for the development of a manufacturing facility, together with the request that this property be made ava~able for disposition as rapidly as poesible; and Whereas, in order to establish reasonably competi~ve bidding procedures for disposition of the property in accordance with the statutory requirements of Chapter 403, Code of Iowa. 1997. particularly Section 403.8, and to assure that the City extends a full and fair opportunity to ali developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteda for the property offedng has been prepared and is attached hereto as Exhibit "A' and by this reference is made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to qualify for consideration with respect to the competitive criteria, the information and documents which must be submitted, and the schedule for submission and competitive bid-off procedures; and Whereas, said Developer and Employer have tendered a Development Agreement with the attached hereto as Exhibit "B", which proposes the development of a Regular Session, January 4,~1999 manufacturing facility on this property; and Whereas, to both recognize the firm proposal for disposition of the property already received by the City, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for development of the property, this Council should by this Resolution: 1) Set the Fair Market Value of the pamel as determined by an independent appraiser for uses in accordance with the Urban Renewal Plan; 2) Approve the Guidelines for Developers for the Kerper Boulevard lndustfial Park Economic Development District Urban Renewal Plan Area for submission of proposals for the purchase and development, of the property and the minimum requirements and compatifive cfiteda attached hereto as Exhibit 'A'; 3) Approve as to form the Developer's and Employer's proposed Development Agreement attached hereto as Exhibit 4) Set a date for receipt of competing proposals and the opening thereof;, establish a procedure for each proponent to better its proposal and set a cutoff time for such modification; and provide for review of such proposals with recommendations to this Council in accordance with established procedures; 5) Declare that the proposal submitted by Developer and Employer satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the Development Agreement and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any would be competitors of the opportunity to compete for purchase of the property for development on the terms and conditions set out above; 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice Will be published on the intent of the City to enter into the resulting contract, as required by law;, and Whereas, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this property for development as set forth herein. NOW, THEREFORE, BE · IT RESOLVED BY THE CiTY COUNCIL l! OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the following described property ("Property') shall be offered for development in accordance with the terms and conditions contained in this Resolution, to wit: Part of Lot 1, all of Lot 2 and Lot 3, and ~art of Lot 4 of FDL First Addition to the City of Dubuque, Iowa, and part of Lot 1 of the Subdivision of Lot 1 of Kerper Industrial Subdivision Number One in the City of Dubuque, iowa, and part of HeaCdand Place in the City of Dubuque, Dubuque County, iowa, more particularly described as follows: Beginning at the Northwest corner of said Lot 1 of the Subdivision of Lot 1 of Kerper Industfial Subdivision Number One in the City of Dubuque, Iowa; Thence South 57 degrees 28 minutes 39 seconds East, 240.44 feet along the Northerly line of said Lot 1 of the Subdivision of Lot 1 of Kerper Industrial Subdivision Number One in the City of Dubuque, Iowa, to the Northwesterly corner of said Lot 3 of FDL First Addition to the City of Dubuque, Iowa; Thence South 51 degrees 39 minutes 24 seconds East, 179.84 feet along the Northeastady line of said Lot 3 and its Southeasterly extension, to the Westady extension of the Northerly line of said Lot 1 of FDL First Addition to the City of Dubuque, Iowa; Thence North 87 degrees 44 minutes 08 seconds East, 208.34 feet along said Westarly extension and said Nodherly line, to the Westerly fight-of- way line of Kerper Boaievard (172' wide); Thence South 14 degrees 46 minutes 16 seconds East, 951.03 feet along said Westedy fight-of-way line to the proposed Northerly fight-of-way line of Kerper Court (75' wide); Thence Westedy along said Northerly right-of-way line the following five (5) courses: South 75 degrees 09 minutes 14 seconds West, 79.14 feet, to a point ' of curvature; Westerly, an arc distance of 151.48 feet along a circular curve concave to the Southeast, having a radius of 537.50 feet, a central angle of 16 degrees 08 minutes 51 seconds, and whose chord bears South 67 degrees 04 minutes 49 seconds West, 150.98 feet, to a point of tangency;, south 59 degrees 00 minutes 23 seconds West' 194.64 feet, to a point of curvature; Westerly, an arc distance of 59.89 feet along a circular curve concave to the Northwest, having a radius of 462.50 feet, a central angle of 07 degrees 25 minutes 07 seconds, and whose chord bears South 62 Regular Session, January 4, 1999 degrees 42 minutes 57 seconds West, 59.84 feet, to a point of tangency; South 66 degrees 25 minutes 31 seconds West, 540.41 feet, to the Westerly line of the herein described parcel; Thence North 15 degrees 08 minutes 48 seconds West, 988.58 feet along said Westedy line, to the Northwesterly line of said Heartland Place in the City of Dubuque, Dubuque County, Iowa; Thence North 30 degrees 30 minutes 32 seconds East, 614.18 feet along said Northwesterly line; Thence South 59 degrees 29 minutes 28 seconds East, 35.00 feet at right angles to the last described course, to the Westerly line of said Lot 1 of the SubdMsion of Lot 1 of Kerper Industrial Subdivision Number One in the Cb of Dubuque, Iowa; Thence North 25 degrees 45 minutes 16 seconds East, 121.54 feet along said Westerly line, to the Point of Beginning. Containing 27.037 acres, more Or tess, and subject to easements, reservations, restrictions, and rights-of- way of record and not of record. Section 2. That the current Fair Market Value of Property shall be $1,529,000 as determined by the appraisal of Felderman Appraisals dated December 7, 1998. Section 3. That it is hereby determined that in order to qualify for consideration for selection each Developer must submit a proposal which meets these minimum requirements: a) Contains an agreement to acquire Property at not less than the Fair Market Value for use in accordance with the Plan; b) Is for the development of the Property for use by an actual expanding or new business in conformance with the Plan and is not for speculative development; c) includes a construction schedule in which the construction of approximately 350,000 square feet of manufacturing space plus approximately 40,000 square feet of office space is substantially complete on or before twenty-four months from a closing date; d) Sets out or provides through other means acceptable to the City the proposed developer's experience in working with other development projects and with construction; and e) Sets out or provides through other means acceptable to the City the experience of the ptincipals and key staff who are directly engaged in performance of contract obligations in carrying out projects of similar scale and character. Section 4, That it is hereby determined that each proposal which satisfies the minimum requirements as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following compe~ve criteria: a) Quality of the proposal 1 ) The overall cost of the project;, and 2) The types of materials shown for construction of the structure. b) Architectural design of the proposed development 1) Compatibility of the design with surrounding structures, vistas, vehicular activities and future development of adjacent property; 2) The functional design of the site, structure and all public spaces; and 3) The aesthetic quality of the development. c) Economic feasibility ofthe proposed development 1) The economic return to the community provided by the proposed development including, but not limited to, the property and sales tax generated, the number of jobs provided and the encouragement of similar and related development in the urban renewal district; and 2) The ability of the prospective developer to finance and complete the project as proposed. Section 5. That the proposed Development Agreement by and among the City, Developer and Employer, be and is hereby approved as to form for the purposes hereinafter stated. Section 6. That for the purpose of defining the offering of the Property for development, said Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Purchase price; b) Conveyance of property; c) Required minimum improvements; d) Timing of improvements; e) City participation; f) Covenants; g) Events of Default and Remedies; and ~) General terms and provisions; ~rovided, however, that each ;ompeting proposal and contract shall be permitted to: a) Devise and report its own design for development so long as the minimum requirements set out in Exhibit "A" are met; Reqular Session, b) Devise and report its own method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely manner, and c) Allow taking possession of the Properly to be delayed for up to six (6) months after the execution of the contract. No other substan~ve deviations will be permitted. Section 7. That the proposed Development Agreement submitted by the Developer and Employer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted, that the City enter into said Agreement is hereby accepted and approved. Section 8. That it is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to acquire and develop the property in the manner proposed by this offering in accordance with the Plan. Section 9. That it is hereby determined that the disposition price for the Property offered to the Developer shall be in the amount of the Fair Market Value as established by this Council for uses in accordance with the Plan. Section 10. That the City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and Employer and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council far final approval and execution upon expiration of the notice hereinafter prescribed. Section 11. That the action of this Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer and Employer to acquire and develop the Property and to enter into the Development Agreement by and among the City, Developer and Employer. Section 12. That the official notice of this offedng and of the intent of the City, in the event no other qualified proposals are timely submitted, to enter into said Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed to secure January 4~ 1.999 immediate publication of said official notice in the 3'elearanh Herald, a newspaper having a genera c rculation in the community, by publication of the text of this Resolution without attachments on or before the 9th day of January, 1999. Sesfion 14. That written proposals for the sale and development of the Property will be received by the City Clerk at or before 10:00 a.m., February 15, 1999, in the Office ofthe City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on February 15, 1999. Said proposals will then be presented to the City Council at 7:00 p.m., February 15, 1999, at a meeting to be held in the Auditoitum of the Carnegie-Stout Public Library, Dubuque, Iowa. Section 15. That such offering shall be in substantial conformance with the provisions of Section 403 8, Code of Iowa, requiting "reasonable competYdve bidding procedures" as are hereby ,rescfibed which method is hereby determined to be the appropriate method for making the Property available for development. Section 16. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 17. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to the procedure here[nabove specified for receipt of such proposals and to =receed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary ana~sis ef each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal which satisfies these requirements, the Council shaft judge the strength of the proposal by the competitive cdteria established hereinabove. The Council shall then make the final evaluation and selection of the proposals. Section 18. That following receipt of competing proposals, the Developer and Employer shall have until 10:00 a.m. on February 22, 1999, to amend its proposal in response and to deliver same to the City Clerk. Regular Session, January 4, 1999 Section 19. That if, and only if, competing proposals are received and determined by the Council to meet the minimum requirements of this Resolution, and the Developer amends its proposal in response thereto, such Council shall forthwith schedule a meeting within seven (7) days after February 22, 1999, at which meeting there shall be a bid-oft, each proposal against the other, sedatim starting with the second proposal received .until such time as each proponent for the sale of the Property shall decline to improve its bid in response to the last bid of the other bidder or bidders. The pedod of time to be allowed for such bid-oft shall not be in excess of three consecutive hours on said date. The rules of such bid-oft shall be as informally determined by the Council at or before such bid-off pedod and shall be absolute. Section 20. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting contract, as required by law. Passed, approved and adopted this 4th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published ofticial[y in the Telegraph Herald newspaper this 8th day of January, 1999. It 1/8 Mary A. Davis CMC, City Clerk Voetberg moved adopfion of the Resolution and set the public hearing for February 15, 1999 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish the notice in the manner prescribed by law. Seconded by Buok Motion carded 7-0. City Manager requesting a public hearing be set for Feb. 15, 1999 to consider property exchange on Kerper Boulevard with John P. Michalakis and Richard L. Bi[lmeyer presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 11-99 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OFFERING PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2) DETERMINING THAT THE PROPOSAI~ SUBMI3-]'ED BY JOHN P. MIHALAKIS AND RICHARD L. BILLMEYER (DEVELOPERS) SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE AGREEMENT FOR THE EXCHANGE OF LAND WITH DEVELOPERS IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City of Dubuq[~e, Iowa, did on August 15, 1994, adopt an Urban Renewal Project known as the Kerper Boulevard Industrial Park Economic Development District (the 'Plan") for the urban renewal area described therein; and Whereas, such Plan provides for, among other things, the disposition of prope~es for private development purposes as a proposed renewal action; and Whereas, John P. Mihalakis and Richard L. Bi[Imeyer ("Developers") have submitted to the City a specific proposal for the exchange of certain propeKy owned by them, described as Part of Lot 1 FDL First Addition and Lot 2 FDL First Addition (together, the "Exhibit A Property"), for certain pmperb/ owned or being acquired by the City (hereinafter defined as the "Prope~b/'), for the purpose of supporting the Eagle Window & Door expansion, together with the request that this Property be made available for disposition as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding procedures for disposition of the Property in accordance with the statutory requirements of Chapter 403, Code of Iowa, 1997, parficulady Section 403.8, and to assure that the City extends a full and fair opportuni~, to all developera interested m submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the Property offedng has been prepared and is attached hereto as Exhibit "A" and by this reference is made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to quality for consideration with respect to the competitive criteria, the information and documents which must be submi~ed, and the schedule for submission and competitive bid-off procedures; and Whereas, said Developers have tendered an Agreement for the Exchange of Land with the City, Reqular Session, January 4., 1999 15 attached hereto as Exhibit "B" (the "Agreement"), which proposes a land exchange with the City for the purpose of suppodJng the Eagle Window & Door expansion; and Whereas, to both recognize the firm proposal for disposition of the Property already received by the City, as described above, and to give full and fair opportunity to other developers intarested in submitting a proposal for development of the Property, this Council should by this Resolution: 1) Determine that the prope~es to be exchanged under the Agreement ara substantially equal in value and that the price offered by any competitive bid must be sufficient to purchase outright the Exhibit A Property offered in the exchange; 2) Approve the Guidelines for Developers for the Kerper Boulevard Industrial Park Economic Development District Urban Renewal Plan Area for submission of proposals for the purchase and development of the Property and the minimum requirements and compelf~ve ctiteda attached hereto as Exhibit "A'; 3) Approve as to form the proposed Agreement for the Exchange of Land attached hereto as Exhibit "B'; 4) Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each proponent to better its proposal and set a cutofftime far such modification; and provide for review of such proposals with recommendations to this Council in accordance with established procedures; 5) Declare that the proposal submitted by Developers satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the Agreement far the Exchange of Land and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any would be competitors of the opportunffy to compete for purchase of the Property for development on the terms and conditions set out above; 7) Declare that in the event anather qualified proposal is timely submitted and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law;, and Whereas, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this Property for development as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following describe.d property ("Property") shall be offered for development in accordance with the terms and conditions contained in this Resolution, to wit: Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition, all in the City of Dubuque, Iowa. Section 2. That in the reasonable judgment of this Council, the Property and the Exhibit A Property offered in exchange by the Developers are substantially equal in value. Section 3. That it is hereby determined that in order to qualify for consideration for selection each Developer must submit a proposal which meets these minimum requirements: a) Agrees to acquire the Property at not less than the cost to the City to purchase the Exhibit A Property from the Developers for use in accordance with the Plan and the Agreement; b) Agrees to accept the Property in its "as is" condition and "with all faults" condition; c) Agrees that the use of groundwater from the site of the Property is prohibited; d} Agrees that all operations and activities (other than construction) on the Property shall be conducted or maintained within completely enclosed buildings, except for off-street parking and loading facilities; e) Agrees that no exterior storage shall be permitted on the Property other than exterior trash collection areas that meet stdct containment standards; f) Acknowledges that any agreement to purchase the Property is subject to the execution of a development agreement between the City and Eagle Window & Door, inc.; and g) Agrees that the purchase of the Property is subject to final approve by the City Council of the City of Dubuque, owe, Section 4. That it is hereby determined that each proposal which satisfies the minimum requirements as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the following competYdve criteria: a) Economic feasib, il~ of the Proposal 1) The economic return to the community provided by the proposed Regular Session January 4, 1999 development including, but not limited to, the property and sales tax generated, the number of jobs provided and the encouragement of similar and related development in the urban renewal district; 2) The ability of the prospective developer to finance and complete the project as proposed; 3) The assurance provided to the City that the prospecfive developer will pay all costs associated with the City's acquisition of the Exhibit A Property from the Developers; and 4) The likelihood that the City will be able to acquire the Exhibit A Property from the Developers under the financing and legal structure proposed by the prospective developer, taking into account the extent of the confingencies (legal, financial or othe~vise) associated with implementation of the proposal b) Quality of the proposal 1} The overall cost ofthe project; and 2) The types of materials shown for construction of the structure. c) Architectural design of the proposed development 1) Compatibility of the design w~th surrounding structures, vistas, vehicular acfivifies and future development of adjacent property;, 2) The funcfional design of the site, structure and all public spaces; and 3) The aesthetic quality of the development. Section 5. That the proposed Agreement for the Exchange of Land by and between the City and Developers be and is hereby approved as to form for the purposes hereinafter stated. Section 6. That for the purpose of defining the offedng of the Property for development, said Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Purchase pdce; b) Conveyance of property; c) Use of property; d) City improvements; f) Agreement with Eagle Window & Door, Inc.; provided, however, that each competing proposal and contract shall be permitted to: a) Devise and report its own design for development so long as the minimum requirements are met; b) Devise and report its own method and sources of financing, so long as such proposal [s sufficient to permit the City to acquire the Exhibit A Property in a timely manner; and c) Allow taking possession of the Property to be delayed for up to six (6) months after the execution of the contract. No other substantive deviations will be permitted. Section 7. That the proposed Agreement for the Exchange of Land submitted by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted, that the City enter into said Agreement is hereby accepted and approved. Section 8. That it is hereby determined that the Developers possess the qualifications, financial resources and legal ability necessary to acquire and develop the Property in the manner proposed by this offering in accordance with the Plan. Section 9. That it is hereby determined that the Property and the Exhibit A Property to be exchanged therefor are substantially equal in value and that the pdce offered by any competitive bid must be sufficient to ~urchase outright the Exhibit A Property offered in the exchange. Section 10. That the City Clerk shall receive and retain for public examination the attached Agreement for the Exchange of Land submitted by the Developers and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice hereinafter prescribed. Section 11. That the action of this Counc~ be considered to be and does hereby constitute notice to all concerned of the Jntenfion of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developers to enter into the Agreement for the Exchange of Land by and between the City and Developers. Section 12. That the official nofice of this offering and of the intent of the City, in the event no other qualified proposals are timely submitted, to enter into said Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Telenraeh HeraM a newspaper having a general circulation in the community, by publicafion of the text of this Resolution without attachments on or before the 9th day of January, 1999. Reqular Session, January 4, 1999 Section 14. That wdtten proposals for the sale and development of the Property will be received by the City Clerk at or before 10:00 a.m., February 15, 1999, in the Office of the City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on February 15, 1999. Said preposa[s will then be presented to the City Council at 7:00 p.m., February 15, 1999, at a meeting to be held in the Auditodum of the Carnegie-Stout Public Library, Dubuque, Iowa. Section 15. That such offedng shall be in substantial conformance with the provisions of Section 403.8, Code of Iowa, requiring 'reasonable compe~ve bidding procedures' as are hereby prescribed*which method is hereby determined to be the appropriate method for making the Property evadable for development. Section 16. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 17. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to the procedure hereinabove specified for receipt of such proposals and to proceed at such ~me to formally acknowledge receipt of each of such .proposals by noting the receipt of same m the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal which satisfies these requirements, the Council shall judge the strength of the proposal by the competitive cdteda established hereinabove. The Council shall then make the final evaluation and selection of the proposals. Section 18, That following receipt of competing proposals, the Developers shall have until 10:00 a.m. on February 22, 1999, to amend its proposal in response and to deliver same to the City Clerk. Section 19, That if, and only if, competing proposals are received and de. te, rmined by the Council to meet the minimum requirements of this Resolution, and the Developers amend its proposal in response thereto, such Council shall forthwith schedule a 17 meeting within seven (7) days after February 22, 1999, at which meeflng there shall be a bid-off, each proposa against the other, sedatim starting with the second proposal received until such flme as each proponent for the sale of the Property shall decline to ir~prove its bid in response to the last bid of the other bidder or bidders. The pedod of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid-off pedod and shall be absolute. Section 20. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting contract, as required by law. Passed, approved and adopted this 4th day of January, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of January, 1999. It 1/8 Mary A. Davis CMC, City Clerk Buol moved adoption of the Resolution and set the public headeg for Feb. 15, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner ~rescdbed by law. Seconded by Markham. Motion carded 7-0. At 9:07 P.M. Michaiski moved to go into Closed Session In accordance with Chapter 21.5 1.fj) To discuss the ~urchase of paYdcular real estate where premature disclosure could be reasonably expected to increase the pdce the governmental body would have to pay for that property. Seconded by BuoL Motion carded 7-0. Counc~'l reconvened at 9:35 P.M. and stated that Staff had been given direction regarding acquisition of real estate. There being no further business, Nicholson moved to adjourn the meeting. Seconded by Buol. Motion carded 7-0, The meeting adjourned at 9:36 P.M, /s/Mary A, Davis CMC City Clerk 18 Regular Session, January 4, 1999 Approved'/~ ' "~'c'"-',/'~-,-~'~' , 1999 Ad o pt J~.-~¢ ~'"', ,./~~//~'~/'~' ' ~ ~ 1999 Council Membem Ci~ CI~ Special Session~ Jan uary 18, 1999 19 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council met Monday, January 18, 1999 at 5:00 p.m. for dinner on the Second Floor of the Public Library. At 5:30 p.m. Council convened in the Public Library Auditorium for a Work Session to discuss the North Grandview Avenue Extension. Present: Council Members Buo[, Markham, Michalski, Nicholson, Robbins, Voetberg, C~ Manager Michael Van Mi~ligen. Absent: Mayor Duggan at Roll Catl. Mayor Duggan entered at 5;54 P.M. Consensus was to leave the road in the plan. The meeting adjourned at 6:34 p.m. /s/Mary A. Davis CMC, City Clerk ./ Approved ~ ,1999 Adopted ~ ~'~ ~'~ ,.1999 '~,/Mayzor~ A~est~ ~ndl MemOs C~'Clerk ~ 20 Board of Health, January 18, 1999 DUBUQUE BOARD OFHEALTH QUARTERLY MEETING Regular Quarterly Meeting, January 18, 1999 Board of Health met at 6:55 p.m., Public Library Auditorium Present: Chairperson Duggan, Board Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg. Chairperson Duggan read the call and stated this is the Regular Quarterly Board of Health meeting called for the purpose to act upon such business which may properly come before the Board. Public Health Specialist Mary Rose Corrigan submitted a report to the Board on the Head Lice Control Plan, presented and read. Micha~ski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. There being no further business, RoSbins moved to adjourn the meeting. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 6:56 p.m. Is~ Mary A. Davis CMC, Secretary, Board of Health Approved ~ ~ ,1999 v '~'Board Members Attest[ Secretary, I~jY'p/ard of Health Regular Session, January 18, 1999 2! DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, January 18, 1999. Council met at 7:00 P.M., Public Library Auditorium. Present Mayor Duggan, Council Members Buol, Markham, Micha]ski, Nicholson, Robbins, Voetberg, Cfly Manager Michael Van Milligen, Corporafion Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Meeting of the Cfb' Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Ken Jones, Minister of The Dubuque Church Of Christ. Mayor Duggan and Council Member Markham made a presentation to Tatyana (Tanya) Louzgina, gymnast, and her coach, Mrs. Natalia Zakharova, from Pyatigorsk, Russia. Rick Dickinson gave a verbal six month progress report on Greater Dubuque Development Corporation (G.D.D.C.). MINUTES SUBMI'I~'ED: Civil Service Commission of 11-17 & 12-1; Commun~ Development Advison/ Commission of 12-1; Transit Trustee Board of 12-17; Zoning Advisory Commission of 1-6, presented and read. Voetberg moved that the minutes be received and filed. Seconded by BuoL Motion carried 7-0. Printed Council Proceedings for month of November, 1998, presented for approval. Voatberg moved that the proceedings be approved as printed. Seconded by Buol. Motion carried 7-0. Finance Director subm~ng tinancial report for month ending December, 1998, presented and read. Voatberg moved that the report be received and filed. Seconded by BuoL Motion carried 7-0. Proofs of Publication on No§ce 'of publishing List of Claims and Summary of Revenue for month ending 11-30-98; Council Proceedings for meetings of 12-15-98 & 12-21-98, presented and read. Voetberg moved that the proofs be received and filed. Seconded by Buol. Motion carried 7-0. Convention & Visitors Bureau submitting their quarterly report, presented and read. Voetberg moved that the report be received and filed. Seconded by Buol. Mofion carried 7-0. NOTICE OF CLAIMS/SUITS: Mariyn J. Langevin in amount of $328.00 for water damages; Scott Leibfried in amount of $253.99 for vehicle damages; Rafoth Sheet Metal Inc. in amount of $2,117.94 for vehicle damages; Gary Ristow in amount of $53.49 for personal clothing loss, )resented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Buol. Motion carried 7-0. Corporatien Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Commun~es Assurance Pool: Personal injury of Lois Westemeier, False Arrest of Michael J. Shaffer, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. Corporation Counsel advising vehicle damage claim of Richard Meehan has been administratively closed, presented and read. Voatberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. January 6, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the Civil Service Commission conducted a written promotional examination on December 1, 1998 for the position of FOREMAN. We hereby cer~y that the following individuals have passed this written examination and the vacancy for this posi~on should be made from this list. We further state that this list is good for two (2) years from the above date. FOREMAN Vincent Conner John Gotto Michael Horsfall Elmer H~acock Regular Session, January 18, 1999 Paul Davis John Huekels Patdck DeHeck Paul Herman Mark Weidenbacher Kevin Grace Respectfully submitted, Merle J. Duehr, Jr., Chairperson Loras J. K]uesner Thomas E. Rawson Civil Service Commission Voetberg moved that the above CMl Service ce~ticafion be made a matter of record. Seconded by Buck Motion carried 7-0. City Manager advising of transmittal of application to State Historical Society for Historic Resource Development Program funds for five interpretive signs along Heritage Trail and the Mississippi Riverwalk, presented and read. Vostberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. City Manager requesting approval to submit application to the Iowa DNR for Marine Fuel Tax funds to assist with reconstruction of the Schm~ Harbor Boat Ramp, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 12-99 RESOLUTION AUTHORIZING APPLICATION FOR MARINE FUEL TAX FUNDS FOR RECONSTRUC- TION OF THE SCHMITT HARBOR BOAT RAMP. Whereas, the iowa Department of Natural Resources has Madne Fuel Tax Funds available to develop and maintain water access projects; and Whereas, the City of Dubuque has an adopted Riverfrcnt Plan that places a high priority on recreational improvements to Schmitt Island; and Whereas, the City of Dubuque recognizes the recreational potential of the Schmitt Harbor Boat Ramp. NOW THEREFORE, BE ~T RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: Section 1. That the Planning Services Manager is hereby authorized to submit an application for Marine Fuel Tax Funds to the iowa Department of Natural Resources (IDNR) to reconstruct the Schmitt Harbor Boat Ramp. Section. 2. That the City Manager is hereby authorized to utilize budgeted Capital Improvement Program funds to provide the local match required for this project, if approved by IDNR. Passed, approved and adopted this 18th day of Januaw, 1999. Terrance M. Duggan, Mayor Attest: Mann A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. Zoning Advisory Commission advising of their approval of plat of Lookout Point Subdivision No. 2. (John & Alice Butler - 1960 and 2000 South Grandview Ave.), presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Mofion carried 7-0. RESOLUTION NO. 13-99 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 AND 2 OF LOOKOUT POINT SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lot 1 and 2 of Lookout Point Subdivision No. 2 in the City of Dubuque, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 2, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the Cby Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the SubdMsion Regulations is waived to allow Lot 2 to have 0 feet of frontage, where 60 feet of frontage is required, because Lot 2 has an access easement to a public street Section 2. That the plat of survey of Lots 1 and 2 of Lookout Point SubdMsion No. 2 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 final plat Passed, approved and adopted this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest: Mann A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 13-99 We, the undersigned, John E. Butler and Alice L Butler, having read the terms and conditions of the Resolution No. 13-99 and being familiar with the Reqular Session, conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 27th day of January, 1999. By/s/John E. Butler By/s/Alice L Buffer Voetberg moved adopffon of the Resolution. Seconded by Buol. Motion carded 7-0. Zoning Advisory Commission advising of their approval of plat in Darwood Acres in Dubuque County. (Larry Tscharner}, presented and resd. Voetberg moved that the commun[caffon be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 14-99 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF LOT 1 AND LOT 2 OF LOT I OF DARWOOD ACRES SUBDIVISION IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk a subdivision plat of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Darwoed Acres SubdMsion in Dubuque County, Iowa; and Whereas, said plat provides 0 feet of frontage for Lot 2 of Lot 1, where 60 feet is required by Section 42-lC(f) of the SubdMsion Regulations; and Whereas, upon said final plat appears John F. Kennedy Road; and Whereas, the subdMsion plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon, with conditions; and Whereas, said subdivision plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cb Council hereby waives Article IV, Design and Improvement Standards, of the Subdivision Regulations, except Section 42-19, Lots and Blocks. Section 2. That Section 42-19(b) of the Subdivision Regulaffans is waived to allow Lot 2 of Lot 1 to have 0 feet of frontage, where 60 feet of frontage is required, and that Lot 2 of Lot 1 be designated as a "non-buildable lot*, unless [t is combined with an abutting lot that has frontage on an approved public or pdvate street. Section 3. That the subdivision plat of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Darwood Acres Subdivision is hereby approved and the Mayor and Cb Clerk January18~1999 23 are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said subdivision plat Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cb Clerk ACCEPTANCE OF RESOLUTION NO.14-99 I, the undersigned, Larry Tschamer, having read the terms and conditions of the Resolution No. 14-99 and being familiar with the conditions thereof, hereby accept this same and agree t,o the conditions required therein. Dated in Dubuque, Iowa this lgth day of January, 1999. By/s/Larry Tschamer Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. Zoning Advisory Commission advising of approval of request by Ron Smith for extension of time limit for submittal of fina~ plan far PR Planned Residential Distdct for Lores Estates, ~resented and read. Vostberg moved that the communication be received and filed. Seconded by BuoL Motion carried 7-0. City Manager submitting copy of letter sent to Project Manager for IDOT regarding U.S. 20 Capacity Bddge Study, presented and read. Vostberg moved that the communicafion be received and filed. Seconded by Buol. Motion carded 7-0. City Manager recommending acceptance of Washington Street from 14th to 30th Sts. Curb Ramps project, ~resented and read. Vostberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 15-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Curb Ramps on Washington Street from 14th to 30th Street has been completed and the City Manager has examined the work and flied his cer~cata stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, iOWA: Sec~on 1. That the recommendation of the City Manager be approved and 24 Regular Session, January 18, 1999 that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 1999 Sidewalk Funds and Curb and Catch Basin Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 16-99 FINAL ESTIMATE Whereas, the contract for the Curb Ramps on Washington Street from 14th to 30th Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $40,314.20 and the said amount shall be paid from Fiscal Year 1999 Sidewalk Funds and Curb and Catch Basin Funds of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending acceptance of 1997 Curb Ramp - Sidewalk project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buo[. Mofion carried 7-0. RESOLUTION NO. 17-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Curb Ramps 1997 - Sidewalk Inspection Route has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe recommendafion of the City Manager be approved and that said improvement be and the same is hereby accepted: BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Fiscal Year 1999 Sidewalk Funds and Curb and Catch Basin Funds in amount equal to the amount of his contract. less any retained percentage provided for therein. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 18-99 FINAL ESTIMATE Whereas, the contract for the Curb Ramps 1997 - Sidewalk Inspection Route has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $71,424.79 and the said amount shall be paid from Fiscal Year 1999 Sidewalk and Curb and Catch Basin Funds of the City of Dubuque, iowa. Passed, approved and adopted this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption ef the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending approval of CEBA Loan for Swiss Valley, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 19-99 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR SIXTY THOUSAND DOLLARS ($60,000) WITH SWISS VALLEY FARMS. Reqular Session, January 18~1999 25 Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local judsdicaons; and Whereas, the City of Dubuque, ~owa was awarded a sixty thousand dollar ($60,000) no-interest loan/forgivable loan from the CEBA program by the Iowa DepaCment of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Swiss Valley Farms in its efforts to expand its operations in Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed by and among the Iowa Department of Economic Development, Swiss Valley Farms and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Swiss Valley Farms from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of lease agreement with Seneca Environmental, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 20-99 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND SENECA ENVIRONMENTAL, INC., TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT FIRST AND WATER STREETS Whereas, Seneca Environmenta), Inc., on behalf of Iowa Oil company has requested permission from the City of Dubuque to install monitoring wells on City right-of-way at First and Water Streets in Dubuque, Iowa, for the purpose of assessing current groundwater conditions at and surrounding the properbj; and Whereas, the License Agreement Right-of-Entry for Site Assessment has been prepared outlining the responsibilities of Seneca Environmental, Inc. And Iowa Oil Company in the installation of the monitoring wells on public right-of-way; and Whereas, the performance of the activities of Seneca Environmental, [nc. Will be at no cost or expense to the City, and all work will be performed by the Licensee, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the installation of monitoring wells in the public right-of- way as requested. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The License Agreement for Right-of-Entp/for site Assessment be and the same is hereby approved. Section 2. That the Mayer be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the ResciutJon. Seconded by BuoL Motion carried 7-0. City Manager recommending acceptance of Tentative Agreement I between City and Firefighters, presented and read. Voetberg moved that the communication be received and flied. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 21-99 ACCEPTING THE TENTATIVE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and 26 Regular Session, January 18, 1999 Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local #353 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Associafion, Local #353, submitted a request to bargain collectively on behalf of the employees within its representafion; and Whereas, bargaining between the parties has occurred and a tentative agreement has been reached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the tentative agreement be accepted and the Mayor authorized and directed to sign the colleddve bargaining agreement. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of {he Resolution. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of the Genera[ Ddvers Collective Bargaining Agreement, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 22-99 APPROVING THE AGREEMENT BETWEEN THE CITY .OF DUBUQUE, IOWA AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the General Drivers and Helpers Union, Local ~,421, is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the General Drivers and Helpers Union, Local ~f-421, submitted a request to bargain collectively on behalf of the employees v~hin its representafion; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the Agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager requesting approval to apply to IDOT and IDNR for funds to landscape along Northwest Arterial, presented and read. Voetberg moved that the communication be received and flied and request approved. Seconded by Buol. Motion carried 7-0. City Manager recommending acceptance of Operations & Maintenance Dept Building Project - Vehicle Exhaust System project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 23-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Operations and Maintenance Centar's Vehicle Exhaust System Project has been completed and the Cb Manager has 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 recommends it NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE C[TY 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 contractor from the General Fund equal to the amount of this contract, less any retained pementage provided for therein. Passed, approved and adopted this 18th day of January, 1999. Reqular Session, January 18; 1999 27 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of tha Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 24-99 FINAL ESTIMATE Whereas, the contract for the Operations and Maintenance Center's Vehicle Exhaust System Project has been completed and the Operations and Maintenance Department Manager has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $31,618.00 and the said amount shall be paid from the General Fund of the City of Dubuque, iowa. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager recommending approval for Histodc Resource Development Program Grant Application, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 25-99 RESOLUTION APPROVING THE SUBMISSION OF AN APPLICATION FOR HISTORIC RESOURCE DEVELOPMENT PROGRAM FUNDING TO CONDUCT AN HISTORIC PRESERVATION SURVEY. Whereas, the State Histadcal Society of lows has announced the availabil~ of Historic Resource Development Program (HRDP grant program) funds; and Whereas, the evaluation and survey of properdes are eligible activities for HRDP funding; and Whereas, the State Historical Society has advised that an historic preservation survey is necessary far the renewal of a Memorandum of Agreement between the State and City for the purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Histodc Preservation Commission has reviewed and endorsed the proposed histodc survey. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an application for Histodc Resource Development Program funds to conduct an histodc preservation survey is hereby approved. Section 2. That the Community and Economic Development Director is hereby authored to sign the contract with and submit requests for reimbursements to the State Historical Society of lows for Histodc Resource Development Program Funds to conduct an histodc preservation survey. Sedan 3. That the Cb Manager is authorized to utilize budgeted Community Development Block Grant Funds to provide the required local match should the application be approved by the State Historical Society of lows. Section 4. That the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the proposed projecL Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest. MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. Finley Hospital requesting vacation and purchase of AJlison Place property, upon motion referred to the City Manager, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded7-0. City Manager recommending adoption of Supplement #38 to the City Code, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 26-99 ADOPTING SUPPLEMENT NO. 38 TO THE CODE OF ORDINANCES OF THE CiTY OF DUBUQUE, IOWA Whereas, under date of July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the Cb of Dubuque, Iowa for ordinances adopted up to and including December 19, Regular Session, January 18, 1999 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supple- merits, by resolution, become part of the Code of Ordinances. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 38 of the Code of Ordinances of the City of Dubuque, Iowa, covedng Qrdinances through Ordinance No. 66-98 enacted through October 19, 1998 and prepared by the Stading Codifers, Inc., Weiser, ID hereto filed in the Office of the City Clerk of the City ef Dubuque, iowa be and is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded byBuoL Motion carried RESOLUTION NO. 27-99 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to causeto be issued the following named applicants a Beer Permit CLASS "C" BEER PERMIT TBTB [nc. Cedar Cross Amoco +(Sunday Sale) 1010 Cedar Cross Rd George E Wheedle Jr. Iowa Potato & Produce House+(Sunday Sale) 2600 Dodge St Passed, approved and adopted this 18th dayofJanuary, 1999. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. SecondedbyBuol. Motion carried 7-0. RESOLUTION NO. 28-99 Whereas, applications for Liquor Licenses have been submitted to this Counc~ 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 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 Ucense. CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE Dennis Zirke[bach Zirk's +(Sunday Sale) 1689 Elm St Phillip R. Love The Lounge +(Sunday Sa[e) 481 Locust St Pusated Entarp Pusatari's +(Sunday Sale) 2400 Central Ave Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. Buol moved that the rules be suspended to allow anyone present address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proof of Publication certified to by the Publisher on Notice to consider disposing of City property to Horizon Development Group, LLC and CarteGraph Systems, Inc. for property in Dubuque Technology Park and City Clerk submitting report that no competing proposals were received by the deadline, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 29-99 A RESOLUTION DETERMINING THAT THE PROPOSAL OF HORIZON DEVELOPMENT GROUP, L.L.C., AND CARTEGRAPH SYSTEMS, INC., IS IN COMPLIANCE WiTH THE TERMS OF OFFERING FOR DISPOSITION OF LOT 10 AND LOT 11, BLOCK 2, DUBUQUE TECHNOLOGY PARK Whereas, this Council, by Resolution Regular Session, January 18~ 1999 29 No. 587-98 dated December 15, 1998, nominated the City Clerk as agent of the City of Dubuque, Iowa, to receive and open on January 18, 1999, at 10:00 a.m. proposals in compe~on to the proposal of Horizon Development Group, LLC., CarteGraph Systems, Inc., referred to in said resolution for the sale of Lot 10 and Lot 11, Block 2 of Dubuque Technology Park for development on~y in accordance with the terms and conditions set forth in said resolution; and Whereas, the City Clerk has reported to this Council that no qualified, competing proposal was submitted. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe report ofthe City Clerk that no qualified competing proposal was submitted by 10:00 a.m. on January 18, 1999, for the development of Lot 10 and Lot 11, Block 2 of Dubuque Technology Park be received, flied and adopted. Section 2. That it is hereby determined that the proposal of Horizon Development Group, L.L.C., and CarteGraph Systems, Inc., for development of said property is the only proposal which satisfies the terms and conditions of the offedng set forth in Resolution No. 587-98 adopted by this Council on December 15, 1998. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, C~ Cleri< Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 30 -99 RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE DEVELOPMENT OF LOT 10 and LOT 11 OF BLOCK 2, DUBUQUE TECHNOLOGY PARK, IN THE CITY OF DUBUQUE, IOWA, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT Whereas, this Council, by Resolution No. 587-98 dated December 15, 1998: 1. Adopted terms and conditions for offering for sale Lot 10 and Lot 11 of Block 2, Dubuque Technology Park, in the City of Dubuque, Iowa, for sale and private development; 2. Determined that the proposal submitted by Horizon Development Group, L.L.C., and CarteGreph Systems, Inc., satisfies the requirements of said offering; 3. Declared its intent to accept said proposal and to enter into a Development Agreement by and among the City of Dubuque, Horizon Development Group, L.L.C., and CarteGraph Systems, Inc., in the event no other qualified proposals were timely submitted for development of said property;, and 4. Invited competing proposals which met the terms and conditions of said offering to be submitted to the City Clerk on or before 10:00 a.m., January 18, 1999; and; Whereas, the text of said Resolution was published as the official notice of this offering and of the intent of the City of Dubuque, iowa, in the event no other qualified proposals were timely submitted, to enter into a Development Agreement by and among the City of Dubuque, Horizon Development Group, L.L.C., and CarteGraph Systems, Inc.; and Whereas, by separate Resolution of this date, this Council has received and approved as its own the report of the City Clerk that no other qualified proposal was received; and Whereas, it is the determination of this Council that acceptance of the propesal and sale to and development of the disposition parcel by Horizon Development Group, L,L,C., according to the terms and conditions set out in the attached is in the public interest of the citizens of the City, and is consistent with the City's Urban Renewal Plan for the Dubuque Industrial Center South Economic Development District NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: Section I. That the attached Development Agreement by and among the City of Dubuque, Ho~on Development Group, L.L.C., and CarteGraph Systems Inc., is in the public interest of the citizens of the city of Dubuque and in furtherance of the Citys Urban Renewal Project, and is hereby approved. Sec'don 2. That the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 30 Regular Session, January 18, 1999 18th day of Jan uary, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo] moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids far Construction of Key Corners Storm Sewer Extension, presented and read. Robbins moved that the proof and notice be received and filed. Seconded by Nicholson. Mot~on carried 7-0. RESOLUTION NO. 31-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 16th day of December, 1998, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, iowa for the Key Corners Storm Sewer Extension. Whereas, notice 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, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. City Manager recommending to award contract for bids, presented and read. Robbins moved that the communication be received and tiled. Seconded by Nichoison. Motion carded 7-0. RESOLUTION NO. 32-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Key Corners Storm Sewer Extension pursuant to Resolution No. 606-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of December, 1998. Whereas, said sealed proposals were opened and read on the 7th day of January, 1999 and it has been determined that the bid of Portzen Construction Company, Inc. of Dubuque, Iowa, in the amount of $44,185.38 was the lowest bid for the furnishings of ali 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 Portzen Construction Company and the Manager be and is hereby d[rectsd to execute a contract on behalf of the City of Dubuque for the complete ~erformance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the Cit'y Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Alta Place Storm Sewer Extension, )resented and read. Robbins moved that the communication be received and flied. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 33-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of December, 1998, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the Alta Place Storm Sewer Extension. Whereas, notice 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, specifications, form of contract and estimated cost for said improvements Regular Session, January 18, 1999 for said project. Passed, adopted and approved this 18th day of January, 1999. Terrence M. Duggan, Mayor Attest MaryA. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending to award contract for bids, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 34-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractom for the Alta Place Storm Sewer Extension pursuant to Resolution No. 583-98 and notice to bidders published in a newspaper published in the City of Dubuque, iowa on the 11th day ef December, 1998. Whereas, said sealed proposals were opened and read on the 7th day of January, 1999 and it has been determined that the bid of Portzen Construction Company, Inc. of Dubuque, Iowa, in the amount of $44,997.94 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and speclflcat~ons. 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 Portzen Construction Company, 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 unsuccesstul bidders. Passed, approved and adopted this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. Proofs of publicafion ced~ed to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construc~on ' -'31 of Chestnut and Dell Street Storm Sewer Extension, presented and read. Voetberg moved that the proof and notice be received and tiled. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 35-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2nd day of December, 1998, plans, specifications, form of conffact and estimated cost were ~ed with the City Clerk of Dubuque, Iowa for the Chestnut and Dell Street Storm Sewer Extension. Whereas, notice 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, spec~cations, form of contract and estimated cost are hereby approved as the plans, speclfica~ons, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 18th day of January, 1999. Terrsnce M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adop~on of the Resolution. Seconded by Markham. Motion carried 7-0. City Manager recommending to award contract for bids, presented and read. Voetberg moved that the communication be received and flied. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 36-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractom for the Chestnut and DeII Street Storm Sewer )ursuant to Resolution No. 586-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of December, 1998. Whereas, said sealed proposals were opened and read on the 7th day of January, 1999 and it has been determined that the bid of Chestnut and Dell Street Storm Sewer of Drew Cook & Sons ExcavstJng in the amount of $27,518.35 was the lowest bid for the furnishings of all labor and materials and performing the work as ~revided for in the plans and specifications. NOW THEREFORE, BE IT 32 Regular Session, January 18, 1999 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Drew Cook & Sons Excavaflng and the Manager be and is hereby directed to execute a contract on beha[f 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 18th day of January, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0, Council appointments to Operation: New View for year 2000 (Currently City Mgr. Mike Van Milligen with Designee - Tom Moran, Council Members Dan Nicholson and Joe Robbins). Voetberg moved to reappoint the same indMduals. Seconded by Michalsld. Motion carded 7-0. Kafle Kdeg, Chairpemon of Dubuque Initiatives requesting Council appoint two Council Members to the Board of Directors. Ms. Kriag spoke requesting the appointment of two Council Members. Voetberg moved that Ann Michaiski be reappointed and John Markham be appointed to sene on this Board. Seconded by Buol. Motion carded 7-0. Shirley Strub, submitting request by Beta Sigma Phi Sorority to change name of Bell Street to "Regina Hayford Boulevard". Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Ms. Strub spoke requesting adoption of the Ordinance to effect this change. An Ordinance Changing the name of Bell Street to Regina Hayford Boulevard, presented and read, ORDINANCE NO. 4- 99 AN ORDINANCE CHANGING THE NAME OF BELL STREET TO REGINA HAYFORD BOULEVARD. Whereas, Regina Hayford was an avid promoter of Dubuque and was known as "The Little Old Lady from Dubuque;" and Whereas, the City of Dubuque shares the community's commitment to tourism and riverfront development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby changes the name of Bell Street to Regina Hayford Boulevard, as designated on the official plats of Booth's Addition, flied January 17, 1883, and Dubuque Harbor Improvement Company's Addition, filed February 23, 1858. Section 2. The City Clerk hereby is directed to file this ordinance with the Recorder, Auditor and City Assessor of Dubuque County. Section 3, This ordinance shall take effect immediately upon publica'don, as provided by taw. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk NOT OFFICIAL - NEVER PUBLISHED. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by BuoL Motion carried 7-0. Voetberg moved tinal consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. Tom Mueller subm~ng proposed amendments to City Housing Code and requesting adoption bythe Council and City Manager submitting comments regarding concerns of Mr. Mue[ter, }resentad and read. Nicholson moved that the communications be received and flied and matter referred to the City Manager and Staff for review. Seconded by Markham. Motion carried 7-0. City Manager recommending public hearing be held on Feb. 1, 1999 to consider annexation of City-owned property located on the West side of the North Siegett Farm, East of Seippe[ Road and South of Middle Road, ~resented and read. Voetberg moved that this matter be set for Hearing on 2- 1-99 at 7:00 p.m. in the Public Library Auditadum and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Zoning Advisory Commission Reqular Session, January 18~ 1999 .33 advising of their approval to amend PI Distdct to allow eignage on any building facade (Larry Weitz Sign Systems/A. y. McDonald Mfg. Co.), presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Zoning Ordinance by amending the PI Planned Industrial District by changing SediJon 2(E)(4)(C)(5) on-premise pdmary signs to allow eignage on any building facade, presented and read. Bug[ moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robblns. Motion carded 7-0. Bubl moved that a Public Headng be held on the proposed Ordinance on the 1st day of February, 1999 at 7:00 p.m. in the Publis Library Auditorium and that the City Clerk publish notice in the manner prescribed by isw. Seconded by Rebbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to amend PC District to allow total sign area not to exceed 10°.4, of wall area parallel and/or ctosest to frontage on internal ddvss.(Larry Weitz Sign Syatems/Plaza 20 - 2600 Dodge Street), presented and read. Buol moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Zoning Ordinance by amending PC Planned Commercial Distdct to eilow total sign area not to exceed 10% of wall area parallel and/or closest to frontage on intemei ddves, not to exceed a maximum of 650 square feet for stores/businssses over 5,000 square feet in floor area, where 400 square feet is the current maximum area allowed, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robblns. Motion carded 7-0. Bubl moved that a Public Headng be .held on the proposed Ordinance on the 1st day of February, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. City Manager submitflng documents providing for construction of Wsstside Intake Replacement - 1999 Project, and read. Michaiski moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 37-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Westside intake Replacement Project - 1999, in the estimated amount of $50,283.75, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Michaiski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 38-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and pisced same on file in the office of the City Clerk for public inspection of the Westside Intake Replacement Project - 1999. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 15th day of February, 1999, a public headng will be held at 7:00 p.m. in the Public Library Auditorium at which time interested be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day tixed for its consideration. At the headng, any interested person may appear and tile objections to the 34 Regular Session, January 18, 1999 proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 18th day of January, 1999. Torrance M. Duggan, Mayor Attest: Maw A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion corded 7-0. RESOLUTION NO. 39-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Westside Intake Replacement Project - 1999 is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to adver~se for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which no~dce shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 4th day of February. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 15th day of February, 1999. Passed, adopted and approved this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. City Manager requesting public hearing be set for February 1, 1999 to consider leasing of space on W. 3rd Street water tower and adjacent ground space to Dubuque Cellular Telephone b C., presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 40-99 A RESOLUTION ADVISING OF THE CITY'S INTENT TO DISPOSE OF INTEREST IN THE PROPERTY DESCRIBED IN A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE CELLULAR TELEPHONE, L.P. FOR THE INSTALLATION AND OPERATION OF A WIRELESS COMMUNICATION FACILITY. Whereas, the City Council of the City of Dubuque, Iowa, encourages the expansion of wireless telecommunications services to its citizens, businesses and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas; and Whereas, Dubuque Cellular Telephone, L.P. (d/b/a United States Cellular Wireless Communications) is the ho[der of a current Federal Communications Commission license to provide certain telecommunications services for sale in and around the City of Dubuque; and Whereas, Dubuque Cellular Telephone desires to upgrade and enhance the quality of its services and the capacity of its technical infrastructure by installing and operating a wireless telecommunication antenna facility on or near a water tower owned by the City of Dubuque, identified as site W-2, and located at 1575 West Third Street in Dubuque, and Whereas, the City of Dubuque desires to lease to Dubuque Cellular Telephone certain space on the water tower site W-2 catwalk, along with adjacent ground space, for the purpose of installation and operation of a wireless telecommunication facility; and Whereas, representatives of Dubuque Cellular Telephone and of the City of Dubuque have negotiated terms for such a lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'lion 1. That the City of Dubuque, Iowa, intends to dispose of interest in the property described in the proposed lease agreement with Dubuque Cellular Telephone, L.P. under the conditions stipulated in the lease agreement. Section 2. That the City Clerk is hereby authorized and directed to cause a notice to be published of the !proposed lease agreement in the manner prescribed by law. Passed, approved and adopted this 18th day of January, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution and further set this matter for Hearing on 2-1-99 at 7:00 p.m. in the Public Library Auditorium and that Re.qular Sass on, January 18~ 1999 35 the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carded 7-0. Council recessed at 7:57 p.m.; Council reconvened at 8:00 p.m. City Manager presented the Fiscal Year 2000 Budget. At 8:36 P.M. Voetberg moved to go into Closed Session In accordance with Chapter 21.5 1.0) State Code of Iowa, 1997 as amended, To discuss the purchase of par~cular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that property. Seconded by Buol. Motion carried 7-0. Council reconvened Regular Session at 9:08 p.m. with statement that Staff had been given dire~on. There being no fur[her business, Robbins moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 9:09 P.M. /s/Mary A. Davis.CMC, City Clerk Approved .~~ ,1999 Adopted ~/~,-.-m , 1999 C~ Clerk ~