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1999 February Council ProceedingsRegular Session, February 1, 1999 36 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Regular Session, February 1, 1999. Council Met at 7:00 P.M. Public Library Auditorium. Present Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Mil[igen, Corporation Counsel Barry Lindahl. Absent:. Council Member Voetberg. 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. John Hulsizer, Pastor of the Church of the Nazarene. Proclamation: February 14, 1999 as "Marriage Encounter Day" received by Linda and Jerry Schreeder. MINUTES SUBMITTED--Airport Commission of 12-21; Cable TV Regulatory Commission of 1-13; Carnegie-Stout Public Library of 12-17; Civil Service Commission of 1-6, 1-19 & 1-26 (unapproved); Five Flags Commission of 1-18; Housing Code Appeals Board of 10-20, presented and read. Buo[ moved that the minutes be received and tiled. Seconded by Michalsid. Motion carried 6-0. Printed Council Proceedings for month of December, 1998 for approval, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Michalski. Motion carded 6-0. Proof of Publication on publishing Council Proceedings for 1-4-99, presented and read. Buol moved that the proof be received and tiled. Seconded by Michalski. Motion carded 6-0. Dubuque Racing Asseciation (DRA) subm~ng their financial statements for year ending November 30, 1999 (Copy on file in City Clerk's Office for review), presented and read. Buol moved that the statements be received and filed. Seconded by Michalski. Motion carried 6-0. Substance Abuse Sap/ices Center submitting their 2nd Quarter Report, ~resented and read. Buol moved that the report be received and flied. Seconded by Michaiski. Motion carried 6-0. NOTICES OF CLAIMS/SUITS -- Doris Anthony in unknown amount for property damages; Coca-Cola Bottling In amount of $998.73 for vehicle damages; Joseph & Margaret Kemp in amount of $20.00 for property damages, presented and read. Buol moved that the claims and suits be referred to the LegaJ Staff for investigation and report. Seconded by MichalsPJ. Motion carried 6-0. Corporation Counsel advising vehicle damage claim of Rafeth Sheet Metal Inc. has been referred to Public Entity Risk Se[vices of Iowa, the agent for the Iowa Communities Assurance Pool, presented and read. Buol moved that the communication be received and flied. Seconded by MichalskL Motion carried 6-0. Corpora~on Counsel recommending settlement of property damage claim of Gary Ristow in the amount of $53.49 and Finance Director issue check, ~resented and read. Buo] moved that the communication be received and flied and approved recommendation. Seconded by Michalski. Motion carried 5-0. City Manager recommending approval of awarding and execution of the concession agreement at the McAJeece Park and Recreation Complex to 8th Inning LLC, presented :and read. BUOl moved that the communication be received and filed and approved recommendaflon. Seconded by MichalskJ. Motion carded 6-0. City Manager recommending approval of the management agreement for Miller~Riverview Park with Pat Felderman, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carried 6-0. City Manager recommending approval of Bunker Hill Go~f Course 37 Regular Session, February 1, 1999 Operating Agreement with G.M.S., Inc. (George Stephenson; golf professional), presented and read. Buol moved that the communication be received and tiled and approved recommendation. Seconded by Michalski. Mo'don carried 6-0. January 19, 1999 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted a written examination on January 6, 1999 for the position of Equipment Operator L We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list. We further state that this list is good for two (2) years from above date. Paul Herman Raymond Goedert Paul Stohlmeyer Jim Powers Gary Hennen Kenny Metca[f Jeff Steuer John Gillen Dan Chapman Raymond Behnke Daniel Decker Luke Duve Randall Ludowitz Respectfully submitted, /s/Merle J. Duehr, Jr. Chairperson /s/Loras J. Kluesner /s/Thomas E. Rawson Civil Service Commission April2, 1998 (Amended %19-99) 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 examination on March 18, 1998 for the position of Maintenance Worker. This list is good for two (2) years from date of original certification. In accordance with Chapter 400.9 4 of the 1997 State Code of iowa, Martin Baumgartner is requesting that the Civil Service Commission add his name to this tirst list of cert~cation. We hereby ceFdty that the amended list of individuals are qualified for the position of Maintenance Worker. We further state a second list is available for cedffication if request is made within one (1) year from date of April 2, 1998. MAINTENANCE WORKER John Huekels Paul Herman John Leytem, Jr. Vincent Connor Kevfn Grace Thomas Kramer Randy Vaske Jeff Steuer Terrance Shaffer Paul J. Davis Raymond Behnke Robert Schiel Elmer Heacock Guy Parkin Kevin Sweeney Timothy Latther Martin Baumgarter Respectfully submitted, /si Merle J. Duehr, Jr. Chairperson /s/Loras J. Kluesner Is/Thomas E. Rawson Civil Service Commission Buol moved that the above Civil Service Certifications be made a matter of record. Seconded by Michalski. Motion carried 6-0. City of Asbury advising of voluntary annexation to their city for property lying west of the City's corporate limits and north of Asbury Road, presented and read. Buol moved that the communication be received and tiled. Seconded by Michalski. Motion carded Dept of Transportation Federal Aviation Administration advising of direct final rule and requesting comments, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 6-0. City Manager recommending acceptance of 1998 Asphalt Paving Project presented and read. Buol moved that the communication be received and filed. Seconded by MichalskJ. Motion cartied 6-0. RESOLUTION NO. 41-99 ACCEPTING IMPROVEMENT Whereas, the contract for the 1998 Asphalt Paving Project (FY 1999) has been completed and the City Manager has examined the work and tiled his cer~ticate stating that the same has been completed according to the terms of the contract, p~ans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Se~on 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Street Construction Fund in amount Regular Session~ EebrUary 1~ 1999 38 equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: Marya: Davis, City Clerk Buo[ moved adopfion of the resolufion. Seconded by Michalsld. Motion carded 6-0. RESOLUTION NO. 42-99 FINAL ESTIMATE Whereas, the contract for the 1998 Asphalt Paving Project (FY 1999) has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esfimates, nofices 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 coot of said improvement is hereby determined to be $922,346.20 and the said amount shall be paid from Street Constra~on Fund, the Generel Fund, the Local Option Sales Tax Fund, the Parking Construction Fund, and the Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 6-0. City Manager recommending acceptance of Fire Suppression System for Operations and Maintenance Center, presented and read. Buol moved that the communicafion be received and filed. Seconded by Michalski. Motion carried RESOLUTION NO. 43-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Operations and Maintenance Center's Fire Suppression System Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfion 1. Thatthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest MaryA: Davis, City Clerk Buol moved adoption of the rssolufion. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 44-99 FINAL ESTIMATE Whereas, the contract for the Operafions and Maintenance Center's Fire Suppression 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 inspecfion 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 $76,259.00 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Buol moved adop~on of the resolution. Seconded by Michalski. Motion carried 6-0. City Manager recommending approval of contract with Iowa Dept. of Public Health for continued funding of local AIDS program, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried RESOLUTION NO. 45-99 A RESOLUTION APPROVING AGREEMENTS WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING A LOCAL HIV/AIDS PREVENTION PROGRAM AND THE 39 Regular Session, February 1, 1999 DUBUQUE VISITING NURSE ASSOCIATION TO CARRY OUT THE HIV/AIDS PREVENTION PROGRAM ACTIVITIES, Whereas, the Iowa Department of Public Health has offered to provide financial support for Ioca~ AIDS Programs in the City of Dubuque; and Whereas, the City of Dubuque desires to establish and maintain such local AIDS Prevention Programs; and Whereas, the City of Dubuque desires to subcontract with the Dubuque Visiting Nurse Association for providing se~ices to carry out the HIV/AIDS Prevention Program, a copy of which is attached hereto; and Whereas, the Iowa Department of Public Hea~th has presented the City Health Services Department a proposed agreement for funding, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, hereby approves the attached HIV/AIDS Prevention Program agreement between the Iowa Department of Public Health and the City of Dubuque, Iowa. Section 2. That the City of Dubuque, Iowa, hereby approves the attached agreement between the City of Dubuque and the Dubuque Visiting Nurse Association. Section 3. That the City Manager is hereby authorized and directed to execute said agreements on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Micha~skL Motion carried 6-0. City Manager requesting Council make the following appointments to the Enterprise Zone Commission - Dave Baker, International Labor Organization; Emil 'Mike" Stackis - NICC Board of Trustees; Rick Stein, Long Range Planning Advisory Commission. Also informing Council the following have been selected as representatives by two other agencies: C. J. Shannon, Iowa Workforce Development and Bill Baum, Iowa Department of Economic Development, presented and read. Buol moved that the communications be received and filed and request approved. Seconded by Michalski. Motion carried 6-0. City Manager submitting Resolutions providing for correction of titleholder to real estate with ADC Properties, L.C. at Dubuque Technology Park, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried RESOLUTION NO. 46-99 RESCINDING RESOLUTION NOS. 528-98 AND 629-98 RELATING TO THE DISPOSITION OF LOTS 4 AND 5, BLOCK 2 OF DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA Whereas, the Cb Council, by Resolution No, 528-98 dated November 16, 1998, determined that the proposal of Advanced Data-Corem for the purchase of Lots 4 and 5 of the Dubuque Technology Park was in compliance with the terms of offering for the disposition of such property; and Whereas, the Cb Council, by Resolution No. 529-98, dated November 16, 1998, accepted the proposal of Advanced Data-Corem for the sale and private development of Lots 4 and 5, Block 2 of Dubuque Technology Park and approved the agreement for the sale of such property and authorized actions to implement the agreement; and Whereas, Resolution Nos. 528-98 and 529-98 incorrectly referred to Advanced Data-Corem and should have referred to ADC Properties, L.C. and Advanced Data-Corem, Inc. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Resolution No. 528-98 and Resolution No. 529-98 are hereby rescinded. Passed, approved and adopted this I st day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary~ Davis, Cb Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 47-99 A RESOLUTION DETERMINING THAT THE PROPOSAL OF ADC PROPERTIES, LC., AND ADVANCED DATA-COMM, INC., IS IN COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION OF LOTS 4 AND 5 OF BLOCK 2 OF THE DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA. Whereas, this Council, by Resolution Regular Session, EeDruary 1, :1999 40 No. 453-98 dated October 5, 1998, nominated the City Clerk as agent of the City of Dubuque, iowa, to receive and open on November 12, 1998, at 10:00 a.m. proposals in competition to the proposal of ADC Properties, L.C. and Advanced Data-Corem, Inc., referred to in said resolution for the sale of Lots 4 and 5 of Block 2 of the Dubuque Technology Park for development only 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. That the report tithe City Clerk that no qualified competing proposal was submitted by 10:00 a.m. on November 12, 1998, for the development of Lots 4 and 5 of Block 2 of the Dubuque Technology Park be received, filed and adopted. Section 2. That it is hereby determined that the proposal of ADC Properties, L.C. and Advanced Data- Comm, Inc. for development of said property is the only proposal which satisfies the terms and conditions of the offedng set forth in Resolution No. 453-98 adopted by this CounciI on October 5, 1998. Passed, approved and adopted this 1st day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 48-99 RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE DEVELOPMENT OF LOTS 4 AND 5 OF BLOCK 2 OF THE 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. 453-98 dated October 5, 1998: 1. Adopted terms and conditions for offering for sale Lots 4 and 5 of Block 2 of the Dubuque Technology Park in the City of Dubuque, Iowa, for sale and private development; 2. Determined that the proposal submitted by ADC Properties, L.C., and Advanced Data-Corem, Inc. satisfies the requirements of said offering; 3. Decrared its intent to accept the ADC Properties, L.C., and Advanced Data-Corem Inc. proposal and to enter into a Development Agreement by and among the City of Dubuque, ADC Properties, L.C. and Advanced Data- Corem, 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 condrdons of said offering to be submitted to the City Clerk on or before 10:00 a.m., November 12, 1998; and; Whereas, on or before October 8, 1998, the text of said Resolution was ~ublished 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, ADC Properties, L.C. and Advanced Data-Corem, Inc.; and Whereas, by separate Resolution of this date, this Council has received and approved as its own the report of the Cb Clerk that no other qualified proposal was received; and Whereas, it is the determination of this Council that acceptance of the proposal and sale to and development of the disposition paine[ by ADC Properties, LC. and Advanced Data- Corem, Inc. 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 w~th the City's Urban Renewal Plan for the Dubuque Industrial Center South Economic Development District aka Dubuque Technology Park. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and among the City of Dubuque, ADC Properties, L.C. and Advanced Data- Comm, ~nc. is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Project, and is hereby approved. Section 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 41 Regular Session, February 1, 1999 authorized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 1at day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buo[ moved adoption of the resolution. Seconded by Michalski. Motion carried 6-0. City Manager recommending acceptance of assignment of contract and approval of purchase agreement for property at 120 W. 4th St., presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Michalski. Motion carded 6-0. City Manager requesting that the Mayor be authorized to execute an amendment to Development Agreement with Horizon Development Group LLC and CarteGraph Systems, Inc. to defer closing date to February 26, 1999, presented and read. Buol moved that the communication be received and filed and request approved. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO, 49-99 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 La Nor[ena Ted Rubio 1810 Central Ave Passed, approved and adopted this 1st day of February, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buo] moved adoption of the resolution. Seconded by MichalskL Motion carded 6-0. RESOLUTION NO. 50-99 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 "C" BEER PERMIT Express Depotlnc Liquor Depot of Dubuque+(Sunday Sale) 1620 J.F.K. Rd Lee Potter Sr West Locust Mart +(Sunday Sale) 408 W Locust St Passed, approved and adopted this 1st day February, 1999 Terrance M. Duggan, Mayor Attest MaryA Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 51-99 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 a[I City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "B" (HOTEL/MOTEL) LIQUOR LICENSE Dubuque Inn Corp Best Western Dubuque [nn+(Sunday Sale) 3434 Dodge St CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE James W. Goetzinger Goatz's +(Sunday Sale) 2776 Jackson St Chades E. Steffen Tony's Place +(Sunday Sale) 1701 Central Ave Mickey's Pub L.C. Mickey's Pub +(Sunday Sale) 620 Central Ave CLASS B {WB) WINE PERMIT Express Depot Inc. Liquor Depot of DBQ+(Sunday Sale) 1620 JFK Rd CLASS "E= LIQUOR LICENSE Express Depot Inc. Liquor Depot of DBQ+(Sunday Sale) 1620 JFK Rd. Passed, 'approved and adopted this 1at day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carded 6-0. Regular Sess on~ February 1, 1999 BOARDS AND COMMISSIONS COMMUNITY DEVELOPMENT COMMISSION: Individuals are invited to address the Council to express their desire to serve. Applicants: Michael Kelley (Census Tract #2), Vernon Shireman (Dan) (Census Tract #5) and Walter Pregler (At-Large), Robert Schmit (At- Large). Walter Pregler and Vernon (Dan) Shireman spoke requesting consideration. Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by BuoL Motion carried 6-0. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider granfing lease of space for Telecommunication Antenna Facility on West Third Street Water Tower and City Manager recommending approval of lease, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 52-99 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE CELLULAR TELEPHONE, L.P. FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOM- MUNICATION ANTENNA FACILITY. Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication services to its citizens, businesses, and ins~tutions, 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 holder of a current Federal Communications Commission license to provide certain telecommunication 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 capac~ 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 w~reless telecommunication facility, and Whereas, representatives of Dubuque Cellular Telephone and of the City of Dubuque have negotiated terms for such a lease, a copy of which is attached hereto, which the City Council finds beneficial to the community. NOW THEREFORE BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached lease is hereby approved and the City Manager is authorized to sign and administer this lease on behalf of the City of Dubuque, iowa. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor MaryA. Davis CMC, City Clerk Robbins moved adoption of the resolution. Seconded by Markham. Motion carried 6-0. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider on-premise primary signage of PI District for Dubuque Industrial Center, presented and read. Buol moved that the proof be received and filed. Seconded by Markham. Motion carried 6-0. Dave Schullz of Larry Weitz Signs spoke on behalf of A. Y. McDonald Mfg. Co. requesting approval of the Ordinance. An Ordinance Amending Zoning Ordinance by ena~ng a new Section 2(E)(4)(C)(5) in lieu thereof pertaining to on-premise primary signage of the PI Planned Industrial District for Dubuque Industrial Center (A. Y. McDonald Mfg. Site, 4800 Chavene[le Rd., with first and second readings given on 1-18-99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 5-99 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 43 Regular Session, February 1, 1999 2(E)(4)(C)(5) OF ORDINANCE 69-e8 AND ENACTING A NEW SECTION 2(E)(4)(C)(5) IN LIEU THEREOF PERTAINING TO ON-PREMISE PRIMARY SIGNAGE OF THE PI PLANNED INDUSTRIAL DISTRICT FOR DUBUQUE INDUSTRIAL CENTER, Whereas, Ordinance 69-98 was adopted on November 2, 1998 by the City Council amending the PI Planned Industrial District for Dubuque Industrial Center; and Whereas, A:Y. McDonald Manufacturing Company, 4800 Chavenelle Road, has requested an amendment to the PUD Ordinance regulating on-premise pdmary signage allowed in the PI Planned Industrial District for Dubuque Industrial Center. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) is hereby amended by repealing Section 2(E)(4)(C)(5) of Ordinance 69-98 and enacting a new Section 2(E)(4)(C)(5) in lieu thereof, as follows: 5. Sign Iocationa on lots. Building- mounted primary signs may be located on any facade of a building in the industrial park. Freestanding primary signs may be located anywhere on the building lot Secondary signs may be located anywhere on the lot and on any building facade. No signs may project in space ever a street or right-of-way line, any visibility triangle area, or onto another Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, CityClerk Published o~cially in the Telegraph Herald newspaper this 8th day of February, 1999. It 2/8 Mary A: Davis, City Clerk Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider wall-mounted signage of the PC District for Plaza 20, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0. Dan White of Larry Weltz Signs, representing Sally Kahle of Plaza 20, spoke requesting approval of the Ordinance and clarifl/ing that the K- Mart sign will then be changed to "Big K-Mart." An Ordinance Amending Zoning Ordinance by enacting a new Section 2, Exhibit I XII.C in lieu thereof pertaining to wall-mounted signage of the PC Planned Commercial District for Plaza 20, 2600 Dodge St. (Kahle, Inc.), with first and second readings given on 1-18-99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 6-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCE, BY REPEAUNG SECTION 2, EXHIBIT 1 XlI.C. OF ORDINANCE 52-91 AND ENACTING A NEW SECTION 2, EXHIBIT 1 XII.C. IN LIEU THEREOF PERTAINING TO WALL-MOUNTED SIGNAGE FOR STORES/BUS- INESSES OVER 5,000 SQUARE FEET IN FLOOR AREA OF THE PC PLANNED COMMERCIAL DISTRICT FOR PLAZA 20, 2600 DODGE STREET. Whereas, Ordinance 52-91 was adopted on July 1, 1991 by the City Council establishing the PC Planned Commercial District for Plaza 20, 2600 Dodge Street; and Whereas, the owner, Plaza 20 Inc., has requested an amendment to the PUD Ordinance regulating wall- mounted signage for stores/businesses over 5,000 square feet in floor area allowed in the PC Planned Commercial District for Plaza 20. NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) is hereby amended by repealing Sec'don 2, Exhibit 1 XILC. of Ordinance 52-91 and enacting a new Section 2, Exhibit 1 XILC. in lieu thereof pertaining to wall-mounted signage for stores/businesses over 5,000 square feet in floor area, as Regular Sess on, February 1, 1999 follows and as shown of the attached Exhibit 1. Xll. Signs AJIowed C. Wall-mounted. Total allowable sign area shall not exceed 10% of area of wall parallel and/or closest to frontage on internal drives not to exceed a maximum of 650 square feet. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 6-99 I, Sally Kahle, representing Plaza 20, [nc., having read the terms and conditions of the foregoing Ordinance No. 6-99 and being familiar with the conditions thereof, hereby accept this same and agree to the cond~ons required. Dated in Dubuque, Iowa this 1st day of February, 1999. By: Sally Kahle Representing Plaza 20, Inc. Published officially in the Telegraph Herald newspaper this 8th day of February, 1999. It 2/8 Mary A. Davis CMC, City Clerk Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 6,0. Proof of Publication certified to by the Publisher on Notice of Public Hearing to consider annexing approx. 1.019 acres of vacant property to the City and City Manager recommending to proceed with annex~on, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 53-99 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, as the owner of approximately 1.019 acres of vacant property lying outside the corporate limits of the City of Dubuque, has voluntarily petitioned for annexation of said territory to the CH of Dubuque pursuant to Section 388.7 of the Code of lo, va; and Whereas Chapter 368 of the Code of Iowa authorizes the extension of City limits in situations of this character by the adoption of a resolution after notification as required by State regulations; and Whereas, the future growth and development of the City of Dubuque, Iowa make it desirable that said territory, as shown on Exhibits A and B, be made a part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of the City of Dubuque, Iowa be, and they hereby are extended to include the property legally descdbed as Lot 2 of SW 1/4 of NW 1/4 of Section 30, T89N, R1E, 5th P.M., in Dubuque, Iowa. Section 2. That the territory hereby annexed shall become a part of the Second Ward, Seventh Precinct of the City of Dubuque, Iowa. Section 3. That the City Clerk shall file this resol~on, all Exhibits and the )e~on for voluntary annexation with the City Development Board of the State of Iowa. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Rockdale Cemetery Association requesting Council approval to abate the special assessment for the Kelly Lane project insofar as it relates to the Rockdale Cemeteq,, Association real estate, presented and read. Michalski moved that this matter be deferred to the meeting of 2-15-99. Seconded by BuoL Motion carried 6,0. Michalski moved reconsideration of action taken at the last meeting (1-18- 99) regarding adoption of Ordinance No. 4-99 "Changing the name of Bell Street to Regina Hayford Boulevard." Seconded by BuoL Motion carried 6-0. Corporation Counsel submitting information concerning original naming of Bell St. and Shirley Strub, President, Beta Sigma Phi, requesting to name Bell St. in honor of Regina Hayford, however, if not able to do, please consider naming 5th Street from the intersection of White Street to the end near the river to "Regina Hayford Bivd," presented and read. Michalski moved to rescind the action taken on adoption 45 Regular Session, February 1, 1999 of Ord. 4-99 "Changing the Name of Bell St. to Regina Hayford Boulevard." Seconded by Markham. Carried bythe following vote: Yeas---Buol, Markham, Michalski, Nicholeen, Robbins. Nays---Duggan. Absent--Voetberg. Corporation Counsel submitting ordinance relating to the liability of the owner for failing to maintain the sidewalk, presented and read. Buol moved that the communication be received and flied. Seconded by Nicholson. Motion carded 6-0. An Ordinance Amending Sec. 41- 101 providing for the duty of the owner of a sidewalk to maintain the sidewalk by deleting the provision relating to the liability of the owner for failing to maintain the sidewalk, presented and read. {OFFICIAL PUBLICATION) ORDINANCE NO. 7-99 AN ORDINANCE AMENDING SEC. 41-10'1 PROVIDING FOR THE DUTY OF THE OWNER OF A SIDEWALK TO MAINTAIN THE SIDEWALK BY DELETING THE PROVISION RELATING TO THE LIABILITY OF THE OWNER FOR FAILING TO MAINTAIN THE SIDEWALK; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec'don 1. Sec. 41-101 of the Cb of Dubuque Code of Ordinances is hereby amended to read as follows: Sec. 41-101. Duty Of Owner To Maintain; Liability For Failure To Maintain: The owner of any lot or parcel thereof abutting upon any sidewalk on the City streets in the City shall maintain said sidewalk free from cracks, holes and unevenness so that the sidewalk does not consf~ute a safety hazard, and such conditions are hereby declared a public nuisance. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 1'~ day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published offmial[y in the Telegraph Herald newspaper this 8th day of February, 1999. 1t2/8 MaryA. Davis CMC, CEy Clerk Buo[ 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 Nicholson. Motion carded 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholsen. Motion carded 6-0. Cb Manager submitting Ordinances providing for the implementation of back-in angle parking on 4th & 5th Streets, presented and read. An Ordinance Enacting new subsections to Sec. 32-263 relating to angle parking and adding portions of 4th & 5th Streets to new subsection (0 and an Ordinance Repealing Sec. 32-271 relating to backing for the purposes of parking in the business distdct and adopting in lieu thereof a new Sec, 32- 271, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings )riot to the meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Vote on the motion was as follows: Yeas---Buol, Nicholsen, Robbins. Nays--Duggan, Markham, Michalski. Absent-- Voetberg. MOTION FAILED. Nicholson moved to table this matter to the 2-15- 99 Council Meeting. Seconded by Robb[ns. Carded bythe folIowing vote: Yeas--Buol, Nicholsen, Robbins. Nays---Duggan, Markham, Michaiski. City Manager submitlJng requirements for Blasting Permit Application, presented and read. Buol moved that the communication be received and fi[ed. Seconded by Michalski. Motion carded 6-0. City Manager recommending Legal Staff institute Eminent Domain Proceedings for properties on E.4th St., presented and read. Buol moved that the communication be received and flied. Seconded by Michalski. Motion carded 6-0. RESOLUTION NO. 54-99 Whereas, the City of Dubuque has been negotiating with the owners of record for the acquisition of the property shown as Lot 2 on the attached map entitled Exhibit "A" necessary for the Riverwalk project: and Whereas, the City of Dubuque has not been successful after reasonable attempts in its effor[s to negotiate a sale and purchase pdce for the required property; and Whereas, the City of Dubuque finds Reqular Session, February 1,1999 and determines that eminent domain proceedings should be instituted to acquire the needed properly. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of Dubuque, iowa for acquisition of the real properly shown as Lot 2 on Exhibit "A" and that the Corporation Counsel be directed to instituted said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa. Section 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings. 'Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Michalski. Motion carried 6-0. City Manager requesting public hearing for Fiscal Year 2000 Budget be set for Tuesday, March 2, 1999, presented and read. Michalski moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 55.99 SETTING THE DATE OF PUBLIC HEARING ON THE FISCAL YEAR 2000 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 3@4.16 of the Code of Iowa provides that the CH Council shall set a time and place for a public hearing on the budget before the final ce~fication date and shall publish notice before the hearing as provided in Section 362.3 of the Code of iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1~ That the City shall conduct a public hearing on the proposed 1999-00 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 2, 1999, beginning at 7:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to public notice of the public hearing. Passed, approved and adopted this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk 46 Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carded 6-0. RESOLUTION NO. 56-99 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a proposed five year Capital Improvement Program for the City of Dubuque has been prepared and subm~ed to the City Council; and Whereas, the capital projects for the first year are included in the Fiscal Year 2000 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Program simultaneously with the public headng and adoption of the Fiscal Year 2000 budget for the CH of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 2, 1999, beginning at 7:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to )ublic notice of the public headng. Passed, approved and adopted this 1 st day of February, 1999. Torrance M Duggan, Mayor Attest: MaryA_ Davis, City Clerk MichalskJ moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. City Manager requesting public hearing be held on February 22, 1999 on the FY 2000 Annual Action Plan for use of Community Development Block Grant (CDBG) funds for Fiscal Year 1999-2000, presented and read. Michalski moved that the communication be received and filed and request approved. Seconded by Markham. Motion carried 6-0. City Manager recommending public hearing be set for 2-15-99 for vacation and sale of McClain Street south of Clara Street and a po~on of a 20 ft. wide alley between McClain Street and Hill St., presented and read. Buol moved that the communication be received and filed. Seconded by MichalskJ. Motion carded 6-0. 47 Regular Session, February 1, 1999 RESOLUTION NO. 57-99 RESOLUTION APPROVING PLAT OF PROPOSED VACATED MCCLAIN STREET AND ADJACENT ALLEY Whereas, there has been presented to the City Council of the City of Dubuque, iowa, a plat dated January 12, 1999, prepared by IIW Engineem and Surveyors, P.C., describing the proposed vacated portion of McClain Street lying southwesterly of Clara Street and a po~on of a 20 foot wide aJley lying between Lot 1 and Lot 2 of Watters Subdivision No. 2 in the City of Dubuque; 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, January 12, 1999, prepared by IIW Engineers and Surveyors, P.C., 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 behah~ of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement 10 feet in width including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot 2A of Wstters Subdivision No. 2. Section 3. 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 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo~ moved adopt'on of the resolution. Seconded by Michalski. Motion carried 6-0. An Ordinance Vacating the McClain Street lying southwesterly of Clara Street and a portion of a 20 foot wide alley lying between Lots I and 2 of Watters Subdivision No. 2 in the City, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 8-99 ORDINANCE VACATING THE MCCLAIN STREET LYING SOUTHWESTERLY OF CLARA STREET AND A PORTION OF A 20 FOOT WIDE ALLEY LYING BETWEEN LOT 1 AND LOT 2 OF WATTERS SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE Whereas, Dubuque Lodging, Inc. has requested the vacating of McClain Street lying southwesterly of Clara Street and a po~on of a 20 foot wide alley lying between Lot 1 and Lot 2 of Watters Subdivision No. 2 in the City of Dubuque; and Whereas; I[W Engineers and Surveyors, P.C. have prepared and submitted to the City Council a plat showing the vacated portion of McClain Street lying southwesterly of Ciera Street and a poCdon of a 20 foot wide alley lying between Lot 1 and Lot 2 of Wetters Subdivision No. 2 in the City of Dubuque and assigned lot numbers thereto, which hereinafter shall be known and described as Lots lA and 2A of Wetters Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, ~owa has determined that a portion of McClain Street south of Clare Street and a poRtiOn of a 20 foot wide alley between McClain Street and Hill Street are no longer required for public use, except for utility easements as noted, and vacating of said portions of McClain Street lying southwesterly of Clara Street and a por'don of a 20 foot wide alley lying between Lot 1 and Lot 2 of Watters Subdivision No. 2 in the City of Dubuque known as Lots lA and 2A of Wetters Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots lA and 2A of Wetters Subdivision No. 2 in the CH of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetua[ easement 10 feet in width including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, . iowa, as shown on the plat of Lot 2A of Wetters Subdivision No. 2 in the City of Dubuque. Reqular Session, Passed, approved and adopted this 1 st day of February, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, CityClerk Published officially in the Telegraph Herald newspaper this 8th day of February, 1999. lt2/8 MaryA. Davis CMC, CtiyClerk Buol ~noved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counc~ Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. RESOLUTION NO. 58~99 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 1, lA, 2 AND 2A IN WATTERS SUBDIVISION NO. 2, DUBUQUE, IOWA Whereas, the Dubuque Lodging, Inc. has requested the vacating of McClain Street ~ying southwesteriy of Clara Street and a portion of a 20 foot wide alley lying between Lot 1 and Lot 2 of Watters SubdMsion No. 2 in the City of Dubuque. Whereas, IIW Engineers and Surveyors, P.C. have prepared and submitted to the City Council a plat showing the vacated per'on of McClain Street lying southwesterly of Clara Street and a portion of a 20 foot wide ahoy lying between Lot 1 and Lot 2 of Watters Subdivision No. 2 in the C~ of Dubuque and assigned lat numbers thereto, which hereinafter shall be known and described as Lots lA and 2A of Watters SubdMsion No. 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that portions of this street and alley are no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lots lA and 2A of Watters Subdivision No. 2 in the City of Dubuque, Dubuque County, iowa should be approved; and Whereas, the City Council of the City of Dubuque has also determined that the adjacent properties known as Lot 1 and Lot 2 of Watters SubdMsion No. 2 in the City cf Dubuque, are no longer required for public use, and sale of said lots should also be approved. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque February.l~1999 48 intends to dispose of its interest in Lots 1, lA, 2 and 2A of Watters Subdivision No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots 1, lA, 2 and 2A of Watters Subdivision No. 2 in the City of Dubuque, iowa to the Dubuque Lodging, Inc. be contingent upon the payment of publication and filing fees. Sec~on 3. The City of Dubuque reserves unto itself a perpetual easement 10 feet in width including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot 2A of Watters SubdMsion No. 2 in the City of Dubuque. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 1st day of February, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Buol moved adoption of the resslution. Seconded by Michalski. Motion carried 6-0. City Manager recommending public hearing be set for 2-15-99 to consider vacation and ea[e of AJlison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Add,on, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 59-99 RESOLUTION APPROVING PLAT OF ALLISON PLACE AND A 20-FOOT ALLEY ABUTTING THE NORTHWESTERLY LINE OF LOT 12 OF FINLEY HOME ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 27, 1999, prepared by IIW Engineers and Surveyors, Inc. describing the proposed vacated Allison Place and a 20-foot alley abutting the northwssteriy line of Lot 12 of Finley Home Addition; and Whereas, said plat conforms to the Jaws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 49 Regular Session, February 1, 1999 Section 1. That the plat dated January 27, 1999, prepared by IIW Engineers and Surveyors, P.C., relative to the rea[ estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a permanent easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa. Section 3. 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 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carded 6-0. An Ordinance No. 9-99 Vacating Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Addition, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 9-99 ORDINANCE VACATING ALLISON PLACE AND A 20 FOOT ALLEY ABUTTING THE NORTHWESTERLY LINE OF LOT 12 OF FINLEY HOME ADDITION Whereas, the Finley Hospital has requested the vacating of Allison Place and a 20 foot alley abutlJng the northwesterly line of Lot 12 of Finley Home Addition; and Whereas, IIW Engineers and Surveyors, P.C. has prepared and submitted to the City Council a plat showing vacated Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Addition and assigned a lot number thereto, which hereinafter shall be known and described as Lot 2A of Finley Home Addition in the City of Dubuquel Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Addition is no longer required for public use, except for utility easements as noted, and vacating of Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home AddiSon known as Lot 2A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the rea[ estate described as Lot 2A of Finley Home Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a permanent easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the C~ of Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 8th day of February, 1999. It 2/8 Mary A. Davis CMC, City Clerk 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 Robbins. Motion carried 6-0. Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 6-0. RESOLUTION NO. 60-99 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2 A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the Finley Hospital has requested the vacating of Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Addition; and Whereas, IIW Engineers and Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Addition and assigned a lot Reqular Session~ February ri ~ 1999 50 number thereto, which hereinafter shall be known and descdbed as Lot 2A of Finley Home Addition in the City of Dubuque, iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Allison Place and a 20 foot alley abutting the northwesterly line of Lot 12 of Finley Home Addition is no longer required for public use, except for ufility easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 2A of Finley Home Addition in the City of Dubuque, Dubuque County, iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of Finley Home Addition in the City of Dubuque, Iowa, as set-forth in the Option to Purchase" for Lot 2A of Finley Home Addition in the City of Dubuque, Iowa providing for an exclusive offer to purchase within 2 years by the Finley Hospital for the sum of $5,000.00. A copy of the Option to Purchase is on file at the O~ce of the City Clerk, City Hail, Dubuque, Iowa. The op~on payment shall not be refundable if the op~on is not exercised. If the option is exercised, the entire option fee shall be credited against the $28,945.00 purchase pdce, plus cost of platting, publication and filing fees at closing. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to enter into the "Op~on to Purchase" and to dispose of said real estate, to be published in the manner as prescribed by law. Passed, approved and adopted this 1st day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo[ moved adop~on of the resolution and set it for Public Headng on 2-15-99 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded City Manager submitting documents providing for construction of Greyhound Park & Casino Parking Lot Paving 1999, presented and read. Michalski moved that the communication be received and filed. Seconded by Markham. Motion carded 6-0. RESOLUTION NO, 61-99 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 Dubuque Greyhound Park and Casino Kennel Area Parking Lot Improvements, in the estimated amount of $62,675.00, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1 st day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, C~Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 62-99 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 placed same on file in the office of the City Clerk for public inspection of the Dubuque Greyhound Park and Casino Kennel Area Parking Lot Improvements. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 1st day of March, 1999, a public headng w~ll be held at 7;00 3.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said ~mprovement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideraIJon. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed; adopted and approved this 1 st day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Regular Session, February 1, 1999 Michalski moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. RESOLUTION NO. 63-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the Dubuque Greyhound Park and Casino Kennel Area Parking Lot Improvements is hereby ordered to be adve~sed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secudty to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the Cb of Dubuque, Iowa, which notice shall not be less than four days nor more than fody-five days pdor to the receipt of said bids at 2:00 p.m. on the 18th day of February, 1999. 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 1st day of March, 1999. Passed, adopted and approved this 1st day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham. Motion carded 6-0. Mad]yn Michels spoke requesting more softball fie[ds for gids softball. At 8:12 P.M. Robbins moved to go into Closed Session In accordance with Chapter 21.5 1.(j) State Code of Iowa, 1997 as amended, To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the pdce the governmental body would have to pay for that properbj. Seconded by Buol. Motion carded 6-0. At 9:06 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business Michaiski moved to adjourn. Seconded by Buol. Motion carded 6-0. The meeting adjourned at 9:07 P.M. /si Mary A. Davis CMC, City Clerk Approved ~.~-.5 , 1999 Adopt d /~-~ ,1999 ~uncil ~embers Reqular Session, DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 15, 1999 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members BuoJ, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Undahl. 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 Father Dwayne Thereon, Spiritual Director of WaMert High School. PROCLAMATIONS: Feb. 14-20 as "Business Professionals of America Week." MINUTES SUBMITTED: Cable Teleprogramming of 2-2; Electrical Code Bd. of 2-1; Housing Commission Trust Fund Committee of 1-29 & 2-4; Human Rights Commission of 12-14; Long Range Planning Advisory Commission of 1-20; Park & Recreation Commission of 1-12 & 2-9; Plumbing Board of 2-2; Transit Board of 1-21; Zoning Board of Adjustment of 1-28, presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Buol. Motion carried 7-0. Investment Oversight Commission submit~ng their 23rd quarterly report, presented and read. Voetberg moved that the report be received and tiled. Seconded by Buol. Motion carded 7-0. Proofs of Publication ced/fled to by the Publisher on publishing council proceedings for meeting of 1-18-99; List of Claims and Summary of Revenues for month ending December, 1998, presented and read. Voetberg moved that the proofs be received and filed. Seconded by Buol. Motion carded 7~0. February 15~ 1999 52 Finance Director subm~ing Financial reports for month ending January, 1999, presented and read. Voetberg moved that the communication and reports be received and filed. Seconded by Buol. Motion carded 7-0. NOTICES OF CLAIMS/SUiTS -- Emily Balls in est amt. of $1882.69 for vehicle damages; Fred Brenke, Jr. in unknown total amount for vehicle damages and personal injuries; Jack Crahan in amt. of $1,407.04 for vehicle damages; Christina Schiess~ in unknown amount for injuries; Terrence Schmidt in est. amt. of $820.44 for vehicle damages; ,Jeff Vandermil[en in amount of $4025.00 for vehicle damages, presented and read. Voetbarg moved that the ciama and suits be referred to the Legal Staff for investigation and report. Seconded by Buol. Motion carded 7-0. Corpor~on Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Property damage & cleanup costs of Doris Anthony; Vehicle damage of Coca Cola Bottling Co., presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. Corporation Counsel recommending denial of car damage claim of Scott Leibfded, presented and read. Voetberg moved that the communication be received and tiled and recommendation approved. Seconded by Buol. Motion carried 7-0. Corporation Counsel recommending settlement of property damage claim of Joseph & Margaret Kemp in amount of $20.00 and direct Finance Of~cer to issue check, presented and read. Voetberg moved that the communication be received and tiled and approved recommendation. Seconded by Buol. Motion carded 7-0. REFUND REQUESTED: Uquor Depot, in amount of $25.00 for unexpired Cigarette License, presented and read. Voetberg moved that the request be approved and Finance Director to issue the proper check. Seconded by Buol. Motion carded 7-0. IA DOT advising of Open Forum Location Public Headng to be held on 53 Regular Session, February 15, 1999 Feb. 16th at Dubuque Senior High School Cafeteria to discuss proposed four-lane construction of Iowa 32 (Southwest Arterial) between U.S. 61/151 and U.S. 20, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency submitting their budget for Fiscal Year 2000, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of purchase agreement for property at 501-503 22nd Street for development of a trail head for Heritage Trail, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 64°99 RES~)LUTION OF INTENT TO ACQUIRE REAL ESTATE AT 501-503 EAST 22ND STREET, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque is interested in development of a trail head for Heritage Trail at 22nd and Elm Streets; and WHEREAS, acquisifion of this property is an appropriate means of achieving this goal; and NOW THEREFORE, BE IT RESOLVED BY THE OITY COUNOIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Oity Council of the City of Dubuque hereby gives notice of its intent to acquire the following legally described property from the Bernard Takes estate and Elizabeth Takes. 501 - 503 East 22nd Street to the City of Dubuque, Iowa. Section 2. The Mayor is hereby authorized and directed to execute all documents neceesary to acquire the subject real estate. Passed, approved and adopted this 15th day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Mellon carried 7-0. Colleen Bradley requesting City provide a "Carriage Building" on 6th St: adjacent to the Mississippi Riverwalk Project for horse-drawn carriage tours, presented and read. Voetberg moved that the communication be received and tiled. Seconded by BuoL Motion carried 7-0. City Manager recommending to proceed with request from Colleen Bradley, presented and read. Voetberg moved that the communication be received and tiled and recommendation approved. Seconded by BuoL Motion carried 7-0. City Manager recommending approval of assumption of promissory note and mortgage obligation for property at 101-123 Main St., presented and read. Voetberg moved that the communication be received and.filed. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 65-99 A RESOLUTION APPROVING AN ASSUMPTION AGREEMENT FOR PROPERTY LOCATED AT 101-123 MAIN STREET. Whereas, the City of Dubuque, Iowa, )ravided a CommerciaVlndustriai Building Rehabilitation Loan to William Hos and Sidney Wallace on May 7, 1996 for the exterior rehabilitafion of property located at 101-123 Main Street; and Whereas, Sidney and Colleen Wallace wish to purchase said property from the William Hos estate; and Whereas, Sidney and Colleen Wallace have asked the City to approve their assumption of mortgage and promissory note liability associated with said property; and Whereas, the Assumption Agreement, hereto attached and bythis reference made a part hereof, sets forth the terms and conditions of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assump~on Agreement is hereby accepted and approved. Sec'don 2. That the Mayoris hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Assump~on Agreement. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. Regular Session, National League of C~es advising that Council Member Dan Nicholson has been selected to serve on the 1999 Informafion Technology and Communications (ITC) Steering Committee, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. City Manager recommending approval of Coilec~ve Bargaining Agreement between the City and General Drivers and Helpers Union, Local ,~-421, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 66-99 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE GENERAL DRIVERS AND HELPERS UNION, LOCAL #421, 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 Ddvers and Helpers Union, Local #421, is an employee organization v~hfn the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the General Ddvem and Helpers Union, Local ,'~21, submitted a request to bargain cdilecfive[y on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an 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 Agreement be approved and the Mayor is autho~zed and directed to sign the collective bargaining agreement. Passed, approved and adopted this 15th day of February, 1999. Terrsnce M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager submitting FY 1998 Comprehensive Annual Financial Report and Audit Reports, presented February15,1999 54 and read. Voetberg moved that the communication be received and fi~ed. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of Storm Sewer Stenciling Program, presented and read. Voetberg moved that the communication be received and flied and recommendation approved. Seconded by BuoL Motion carried 7-0. City Manager recommending acceptance of 1998 P.C. Concrete Paving Project, presented and read. Voetberg moved that the communication be received and tiled. Seconded byBuol. Motion carded7-0. RESOLUTION NO. 67-99 ACCEPTING IMPROVEMENT Whereas, the contract for the 1998 PC Concrete Paving Project has been completad and the C~' 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 speci~cat~ons and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the C~ Treasurer be and he is hereby directed to pay to the contractor from Street Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayer Attest Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 68-99 FINAL ESTIMATE Whereas, the contract for the 1998 PC Concrete Paving Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and 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 55 Regular Session, February 15, 1999 improvement is hereby determined to be $590,748.27. Section 2. That $85,942.10 of the cost thereof shall be assessable upon private property and $504,806.17 shall be paid from the Local Option Sales Tax Fund, the Street Constru~on Fund, the Water Depreciation Fund, and the Storm Sewer ConstruclJon Fund. Passed, approved and adopted this 15th day of February, 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, 69-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF FINAL ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the attached sheets, 1 to 3, inclusive, are hereby determined to be the preliminary schedule of proposed assessments for the 1998 PC Concrete Paving Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 15th day of February, 1999. Torrance 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 acceptance of Radford Road Reconstruction Project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 70-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Radford Road Reconstruction Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Street Construction Fund Local Option Sales Tax Funds, and the Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage Passed, approved and adopted this , of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Voetberg moved adoption of the Resol~on. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 71-99 FINAL ESTIMATE Whereas, the contract for the Radford Road Reconstruction Project has been completed and the City Engineer has submitted his final estimate showing the cast 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 determfned to be $1,503,381.49. Section 2. That $453,793.45 is hereby determined to be the CH of AsburCs share of the project cost. Section 3. That $205,580.36 of the cost thereof shall be assessable upon private property and $844,007.68 shall be paid from the Street Construction Fund, Local Option Sales Tax funds, and the Sanitary Sewer Construction Fund. Passed, approved and adopted this 15th day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 72-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, I to 1 inclusive, are hereby determined to be the preliminary schedule of proposed assessments for the Radford Road Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted this Reqular Session, 15th day of February, 1999. Torrance 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 to proceed with voluntary annexation request of Patrick and Sandra Welsh for property south to the future industrial park, or north to the Dubuque Industrial Center West, presented and read. Voetberg moved that the communication be received and tiled and approved recommendafor Seconded by BuoL Motion City Manager recommending approval of Residenfal Urban Revitalization applications, presented and read. Voetberg moved that the communication be received and tiled Seconded by BuoL Motion carried 7-0 RESOLUTION NO. 73-99 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, the Urban Revitalization Act allows cities to give properb/ tax exemptions for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitaliz~on Act requires property owners to submit a Written application for exemption by February 1st of the assessment year for which the exemption is first claimed, and further requires the OH Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1st of each year;, and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Cathedral Gardens, Jackson Park, Holy Trinity, Washington Street, West 11th Street, Windsor Park, Sacred Heart Place, Upper Main and Stout Place; and Whereas, the City Clerk of the C~b/ of Dubuque, as of February 1, 1999, received tax exemption applications February t5, 1999 56 from the folloWing property owner for property located within estab shed ~ urban revitalization districts: / Washinetne Street Urban Re~ari~tfnj~ Distrfct: Haruld and Iaea Koppes for improvements at 1913/1915 Central Penny Tucker for improvements a~ 1571 Washington B & W PropoSes for improvements at 1453/1455 Washington John Wagner for improvements at 1741 Washington Douglas Spahn for improvements at 55 East 15th Street Theresa Caldwell for improvements at 1633 Elm Street PhBip and Diane Brown for ~mprovements at 1765 White Street West 11th StreRt Hrban ReviteliTafiOr~ Distric~ Lee and Sue Uhal for improvements at 921 Rose Street Jeffrey Mozena for improvements at 1207 Grove Terrace Vernon and Mary Detainer for ' ~mprovements at 1320 Alta Vista Tom and Carol Smith for Improvements at 746 West 11th Street Stephen Seamer far improvements at 1360 Alta Vista .Jackson Park Urban Revitalization District B & W Proper~es for improvements at 253/259 East 14th Street Amy Boyton far improvements at 199 Lores Boulevard James Nesler for improvements at 295 West 17th Street Whereas, the Community and Economic Development Department and the Housing Services Department have reviewed the above described applications, have inspected the properties, and have determined that the applica~ons and the improvements : conform to all requirements of the City of Dubuque's Urban Revitalization Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW, A: Section 1. That the above-described tax exemption applicafons meet the requirements of the City of Dubuque's Urban Revitalization Program. Section 2. That the above described tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to fo[ward the above descdbed tax exemption applications to the City Regular Session, February 15, 1999 Assessor. Passed, approved and adopted this 15th day of February, 1999. Terrsnce M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Mofion carried 7-0. RESOLUTION NO. 74-99 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED AFTER THE LEGISLATED FILING DATE BY PROPERTY OWNER IN A RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, the Urban Revitalization Act, as enacted by the 68th General Assembly of the State of Iowa, allows cities to give property tax exemp~ons for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemp~on by February 1st of the assessment year for which the axempdon is first claimed, yet provides for the acceptance, by Resolution of the City Council, of applicafions filed beyond the legislated deadline; and Whereas, the City Clerk of the City of Dubuque has received tax exemption applications for improvements made in previous years from the following property owners for properties located within established urban revitalization districts: West 11th Street Urban Revitalizafiop Distdcti B & W Properties for improvements made in 1997 at 423 Loras Boulevard. B & W Properties for improvements made in 1995 at 1091 Center Place, Mark and Vickie Klinkhammer for improvements made in 1997 at 1630 Cornell Street. Washinaton Street Urban Revitalization Di~riCt Cecelia Boehm for improvements made in 1996 at 1852 White Street. Whereas, the Community and Economic Development Department and the Housing Services Department have reviewed the above-described applications have inspected the property, and have determined that the application and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Program and its policy regarding the acceptance of late filings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Program. Section 2. That the above described tax exemption applications are hereby approved by the City Council, subject to the review and the approval of the City Assessor. Section 3. That the City Clerk of the City of Dubuque is hereby authorized to forward the above-described tax exemption applications to the City Assessor. Passed, approved and adopted this 15th day of February, 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 of Enterprise Zone Commission Membership for the City, presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 75-99 A RESOLUTION CONFIRMING THE MEMBERSHIP OF THE CITY OF DUBUQUE, IOWA, ENTERPRISE ZONE COMMISSION. Whereas, the State of Iowa Department of Economic Development (IDED) requires confirmation of the membership of any Enterprise Zone Commission before it can accept applications from qualified businesses for Enterprise Zone benefits; and Whereas, the City ef Dubuque, Iowa, has established by ordinance a City Enterprise Zone Commission; and Whereas, the City Council of Dubuque, Iowa, has determined that representation on the Enterprise Zone Commission meets the requirements of State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the following members of the City of Dubuque, Iowa, Enterprise Zone Commission are confirmed for staggered three year terms: Representative of internafional labor Reqular Session, February 15, 1999 organization: Dave Baker Member chosen by IDED: Bill Baum Representative of the City Council: Michael Van Mliligen Member of community college board of trustees: Emil 'Mike" Stackis Member of Long Range Planning Adv. Commission; Rick Stein Representative of local workforce develop, center:. CJ Shannon Atqarge representatives: Doug Stillings Doug Buswell Dan LoBianco Section 2. That the City Manager is directed to submit this resolution, together with such documents as may be required, to the Iowa Department of Economic Development. Passed, approved and adopted this 15th day of February, 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 contribution of an additional $10,000 from Cable TV fund to Iowa League of Cities in support to protect the dghts of Iowa cities in their rights-of-way, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Buol. Motion carried 7-0. City Manager recommending approval of an application for M108 Loan Guarantee for Eagle Window, presented and read. Voetberg moved that the communication be received and flied. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 76-99 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A $2.03 MILLION LOAN GUARANTEE THROUGH SUBPART M, SECTION 108 OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM TO ASSIST EAGLE WINDOW & DOOR COMPANY. Whereas, under provisions of Subpart M, Section 108 of the Housing and Community Development Act of 1974, as amended, the City of Dubuque is eligible to apply for loan guarantee assistance to support economic development activities within the community; and Whereas, the City of Dubuque, iowa desires to assist the relocation and expansion within the community of [ Eagle Window & Door Company and ' create new permanent employment opportunities for Iow or moderate income citizens; and Whereas, the Cb Council of the City of Dubuque, Iowa has an adopted 1999 Annual Action Plan which includes a Section M108 loan for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council authorizes the filing of an application for $2.03 million of loan guarantee assistance for Eagle Window & Door Company with the U. S. Department of Housing and Urban Development in conformance with Subpart M, Section 108 of the Community Development Block Grant regulations. Section 2. That the Mayor is authorized and hereby directed to execute said application and all certifications on behalf of the City Council of the City of Dubuque, Iowa. Section 3. That the City Manager be and he is hereby authorized and directed to act as the official representative of the Cb of Dubuque, Iowa in connection with said loan guarantee application, and to provide such information as may be requested by the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Human Rights Commission Chairperson requesting input comments regarding reactivation of the concept of "Talk Circles" in the City, )resentad and read. Voetberg moved that the communication be received and flied. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 77-99 RESOLUTION ACCEPTING CONVEYANCE OF PROPERTY LOCATED AT 120 W. 4TH STREET Whereas, the City of Dubuque has agreed to purchase the following legally-described real prcperty:'The Westerly 29 feet of Lot 189, the Westerly 29 feet of the Northerly 14 feet 3 inches of Lot 190, and the Southerly 12 feet of the Northerly 14 . feet 3 inches of the Easterly 84 feet of Lot 190, in the City of Dubuque, Iowa, all according to the United States 59 Regular Session, February 15, 1999 Commissioner's Map of the Town of Dubuque, Iowa" from the Estate of Madlyn M. Sullivan, deceased; and Whereas, the Co-Executor of the estate has prepared a "Court Officer Deed" conveying the above property to the City of Dubuque, Iowa. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of Dubuque, Iowa, hereby approves of, accepts and consents to the "Court Officer Deed' from the Estate of Marilyn M. Sullivan, deceased, as required by Iowa Code Section 569.7. Section 2. That the City Clerk be and she is hereby authorized and directed to cause said "Court Officer Deed" to be recorded in the office of the Dubuque County Recorder, together with cer[ified copy of this Resolution. Section 3. That the City Clerk be and she is hereby directed to file a certified copy of this resolution with the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: MaB, A~ Davis, City Clerk Voetberg moved adoption of the RssolutJon. Seconded by BuoL Motion carded 7-0. RESOLUTION NO, 78-99 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 re~ating 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 Liquor Depot Inc. Express Depotrnc 1620 J.F.K. Rd Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Rssolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 78-99 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 Liquor Depot Inc. Express Depot Inc 1620 J.F.K. Rd Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest. Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buck Motion carded 7-0. RESOLUTION NO. 79-99 Whereas, applications for Beer Permits have been submitted and tiled 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 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 Beer Permit. CLASS 'C" BEER PERMIT Lynn Kruser K.C.'s Downtown Auto Center 205 Locust St Hill Street Plaza Inc. Oky Doky # 8 +(Sunday Sale) 535 Hill St Passed, approved and adopted this 15th day of February, 1999. Terrence M. Duggan, Mayor Attest Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 80-99 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 fo[lowing named applicants a Liquor License, CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE Town Clock inn Town Clock Inn 799 Town Clock Plaza Galaxies, Inc Galaxies Reqular Session, February ;15, 1999 60 +(Sunday Sale) 3203 Jackson St Chi Chi's Inc. Chi-Chi Mexican Rest +(Sunday Sale) 800 Wacker Dr Melvin G. Spiegelhalter The Club- house 2364 Washington St The Apartments, Ltd. Dubuque Mining Company 555 J.F.K. Rd. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. BOARDS AND COMMISSIONS HOUSING CODE APPEALS BOARD: Individuals are invited to address the Council to express their desire to serve. Applicants: Thomas Hannah, Robert Sampson. Mr. Sampson spoke. COMMUNITY DEVELOPMENT COMMISSION: Appointments to be made at this meeting. Applicants: Michael Kelley (Census Tract ~'2); Vernon Daniel (Dan) Shireman (Census Tract #5); Waiter Pregler and Robert Schmit (At-Large). Voetberg moved that Michael Kelly be reappointed for Census Tract ~ and Vernon (Dan) Shireman be reappointed for Census Tract 5 for three year terms which will expire 2-15-02. Seconded by Nicholson. Motion carded 7-0. Vote on the At Large posi~on: Buo[ voted for Pragler; Duggan voted for Pregler; Markham voted for Pregler; Micha[ski voted for Pragfer; Nicholson voted for Pregler, Robbfns voted for Pregler; and Voetberg voted for Pregler. Therefore, Walter Pregler reappointed for the At Large term on the Community Development Commission for a three year term which will expire 2-15-02. Buol moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proof of publication cer~ed to by the Publisher on Notice of Public Hearing to consider disposing of property in Kerper Boulevard Industrial Park Economic Development District to Eagle Window & Door, Inc. and Dubuque-Eagle, LLC.; Statement from City Clerk reporting no competing proposals were received regarding purchase and development of above property, and City Manager recommending to dispose of property, presented and read. Vostberg moved that the proof and communications be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 81-99 RESOLUTION DETERMINING THAT THE PROPOSAL OF EAGLE WINDOW AND DOOR, INC., AND DUBUQUE-EAGLE, LLC., IS IN COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION OF CERTAIN PROPERTY IN THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT Wherass, this Council, by Resolution No. 10-99 dated January 4, 1999, nominated the City Clerk as agent of the City of Dubuque, iowa, to receive and open on February 15, 1999, at 10:00 a.m. proposals in compe~on to the proposal of Eagle Window and Door, Inc., and Dubuque-Eagle, LLC., referred to in said resolution for the sale of the following described real property for development only in accordance with the terms and cond~ons set forth in said resolution, towit Part of Lot 1, all of Lot 2 and Lot 3, and part of Lot 4 of FDL First Addition to the City of Dubuque, Iowa, and part of Lot of the Subdivision of Lot 1 of Kerper Industrial SubdMsion Number One in the City of Dubuque~ iowa, and part of Heartland Place In the City of Dubuque, Dubuque County, Iowa, more padiculady described as follows: Beginning at the Northwest corner of said Lot 1 of the Subdivision of Lot 1 of Kerper Industrial 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 Northeasterly line of said Lot 3 and its Southeasterly extension, to the Westerly extension of the Northerly line of said Lot 1 of FDL First Addition to the City of Dubuque, Iowa; Thence North $7 degrees 44 minutes 08 seconds East, 208.34 feet along said Westedy extension and said Northerly line, to the Westerly right-of- way ne of Kerper Boulevard (172' wide); Thence South 14 degrees 46 minutes 16 seconds East, 951.03 feet along 6 ]. Regular Session, February 15, 1999 said Westerly fight-of-way line to the proposed Northerly fight-of-way line of Kerper Court (75' wide); Thence Westerly along said Northerly fight-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; Westefiy, 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 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 Westedy line of the herein described parcel; Thence North 15 degrees 08 minutes 48 seconds West, 988.58 feet along said Westady 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 fight angles to the last described course, to the Westerly line of said Lot 1 of the Subdivision of Lot 1 of Kerper Industrial Subdivision Number One in the City of Dubuque, Iowa; Thence North 25 degrees 45 minutes 18 seconds East, 121.54 feet along said Westedy line, to the Point of Beginning. Containing 27.037 acres, more or less; 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. That the report of the City Clerk that no qualified competing proposal was submitted by 10:00 a.m. on February 15, 1999, for the development of the above-described real property be received, filed and adopted. Section 2. That it is hereby determined that the proposal of Eagle Window and Door, Inc., and Dubuque- Eagle, LLC., for development of said property is the only proposal which satisfies the terms and conditions of the offering set forth in Resolution No. 10-99 adopted by this Council on January 4, 1999. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adop~on of the resolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 82-99 RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE DEVELOPMENT OF CERTAIN PROPERTY IN THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT Whereas, this Council, by Resolution No. 10-99, dated January 4, 1999: 1. Adopted terms and conditions for offedng the following described property in the Kerper Boulevard Industrial Park Economic Development District for sale and private development, to wit: Part of Lot 1, all of Lot 2 and Lot 3, and part of Lot 4 of FDL First Addition to the City of Dubuque, Iowa, and par~ of Lot 1 of the Subdivision of Lot I of Kerper Industrial SubdMsion Number One in the City of Dubuque, Iowa, and part of Heartland Place in the City of Dubuque, Dubuque County, Iowa, more partJculafiy 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 SubdMsion 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 CH of Dubuque, Iowa; Thence South 51 degrees 39 minutes 24 seconds East, 179.84 feet along the Northeasterly line of said Lot 3 and its Southeasterly extension, to the Westerly extension of the Northerly line of said Lot I of FDL First Addition to the City of Dubuque, Iowa; Thence North 87 degrees 44 minutes Regular Session, February 15, 1999 6? 08 seconds East, 208.34 feet along said Westerly extension and said Northedy line, to the Westedy dght-of- way line of Kerper Boulevard (172' wide); Thence South 14 degrees 46 minutes 16 seconds East, 951.03 feet along said Westerly fight-of-way line to the proposed Northerly fight-of-way line of Kerper Court (75' wide); Thence Westedy along said Northerly fight-of-way line the following five (5) courses: South 75 degrees 09 minutes 14 seconds West, 79.14 feet, to a point of curvature; Westefiy, 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 degrees 42 minutes 57 seconds West, 59.84 feet, to a point of t~ngency; South 66 degrees 25 minutes 31 seconds West, 540.41 feet, to the Westerly line of the herein described parcel; Thence North 15 degrees 06 minutes 48 seconds West, 988.58 feet along said Westedy line, to the Northwesterly line of said HeaYdand Place in the C~ 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 Subdivision of Lot 1 of Kerper Industrial Subdivision Number One in the City 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, mere or less; 2. Determined that the proposal submitted by Eagle Window and Door, Inc., and Dubuque-Eagle, LLC, satisfies the requirements of said offering; 3. Declared its intent to accept said proposal and to enter into a Deve{opment Agreement by and among the City of Dubuque, Eagle Window and Door, inc., and Dubuque- Eagle, LLC, in the event no other qualified proposals were timely subm~ed for development of said properb/; 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., February 15, 1999; and; Whereas, the text of said Resolution was published as the o/tidal notice of this offering and of the intent of the City of Dubuque, in the event no other qualified proposals were timely submitted, to enter into a Development Agreement by and among the City of Dubuque, Eagle Window and Door, Inc., and Dubuque-Eagle, LLC;; 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 proposal and sale to and deveiopmeut of the disposition parcel by Dubuque- Eagle, LLC, 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 Kerper Boulevard Industrial Park Economic Development District NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and among the City of Dubuque, Eagle Window and Door, [nc., and Dubuque. Eagle, LLC., is in the public interest of the citizens of the City of Dubuque and in furtherance of the C~/s Urban Renewal Project, and is hereby approved. Section 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 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Voetberg. MolJon carried 7-0. Proof of publication certified to by 63 Regular Session, February 15, 1999 the Publisher on Notice of Public Hearing to consider disposing of Part of Lot 4 FDL First Addi'don and Part of Lot 1, Block 5 Dubuque Packing Company Addition to John P. Mihalakis and Richard L Billmeyer; Statement from City Clerk reporting no Compefing Proposals were received for the purchase and development of Part of Lot 4 FDL First Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition and City Manager recommending to dispose of the property, presented and read. Robbins moved that the proof and communications be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 83-99 RESOLUTION DETERMINING THAT THE PROPOSAL OF JOHN P. MIHALAKIS AND RICHARD b BILLMEYER IS IN COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION OF CERTAIN PROPERTY IN THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT Whereas, this Council, by Resolution No. 11-99 dated January 4, 1999, nominated the City Clerk as agent of the C~' of Dubuque, Iowa, to receive and open on February 15, 1999, at 10;00 a.m. proposals in compe~on to the proposal of John P. MihalakJs and Richard L Bil[meyer referred to in said resolution for the disposition of the following described real property for development only in accordance with the terms and conditions set forth in said resolution, to wit: Part of Lot 4 FDL Addition and Part of Lot 1, Block 5 Dubuque Packing Company Addition, all in the City of Dubuque, iowa Containing 5.89 acres, more or less; 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 of the City Clerk that no qualified competing proposal was submitted by 10:00 a.m. on February 15, 1999, for the development of the above-described rea[ property be received, filed and adopted. Section 2. That it is hereby determined that the proposal of John P. Miha[akis and Richard L Billmeyer for disposition and development of said property is the only proposal which satisfies the terms and conditions of the offering set forth in Resolution No.11-99 adopted by this Council on January 4, 1999. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest; Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 84*99 RESOLUTION ACCEPTING THE PROPOSAL FOR DISPOSITION AND PRIVATE DEVELOPMENT OF CERTAIN PROPERTY IN THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT Whereas, this Council, by Resolution No. 11-99, dated January 4, 1999; 1. Adopted terms and conditions for offedng the following described property in the Kerper Boulevard Industrial Park Economic Development Distdct for exchange and pdvate development, to w~. 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 2. Determined that the proposal submitted by John P. Mihalakis and Richard b Billmeyer satisfies the requirements of said offering; 3. Declared its intent to accept said proposal and to enter into a Development Agreement by and between the City of Dubuque and John P. Mihalakis and Richard L Billmeyer 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., February 15, 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, in the event no other qualified proposals were timely submitted, to enter into a Development Agreement by and between the City of Dubuque and John P. Mihaiatds and Req ular Session, February 15, 1999 64 Richard L. Bilimeyer, 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 proposal for exchange and development of the disposition parcel by John P. MihalakJs and Richard L. Bi[Imeyer, according to the terms and conditions set out in the attached is in the public interest of the cfflzens of the city, and is consistent with the City's Urban Renewal Plan for the Kerper Boulevard Industrial Park Economic Development District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and John P. Mihalakis and Richard L. Billmeyer is in the public interest of the citizens of the CEy of Dubuque and in furtherance of the City's Urban Renewal Project, and is hereby approved. Section 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 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: MaG' A: Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nichoison. Motion carried 7-0. Proofs of Publication cedftied to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for the Construction of Westside Intake Replacement Project- 1999, presented and read. Markham moved that the proofs and notice be received and tiled. Seconded by Robbins. Motion carried RESOLUTION NO. 85-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 13th day of February, 1999, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the Westside Intake Replacement Project - 1999. Whereas, notice of hearing on plans, specifications, form of contrecf~ 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 esfimated cost for said improvements for said project. Passed, adopted and approved this 15th day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. City Manager recommending to award contract for bids, presented and read. Markham moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 86-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Westside Intake Replacement Project - 1999 pursuant to Resolution No. 39-99 and nofice to biddem published in a newspaper published in the City of Dubuque, 'Iowa on the 22nd day of January, 1999. Whereas, said sealed proposals were opened and read on the 4th day of February, 1999 and it has been determined that the bid of Renaissance of Dubuque of Dubuque, iowa in the amount of $37,321.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above ~mprevement be awarded to Renaissance of Dubuque and the Manager be add is hereby directed 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 City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful Regular Session, February 15, 1999 bidders. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Notice of headng to dispose of City property to Dubuque Lodging, Ino. d/b/a Days Inn-Dubuque and City Manager recommending to approve safe of land, presented and read. Voetberg moved that the proof and communication be received and flied. Seconded by Buol. Motion carried 7-0. RESOLUTION NO, 87-99 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 5th day of February, 1999, the City Council of the City of Dubuque, Iowa met on the 15th day of February, 1999, at 7:00 p:m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, rowa to consider the proposal for the sale of real estate described as: Lots 1, lA, 2 and 2A of Watters Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of C~ of Dubuque real properS, described as Lots 1, lA, 2 and 2A of Watters Subdivision No. 2 in the City of Dubuque, iowa to Dubuque Lodging, Inc. be and the same is hereby approved for cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement 10 feet in width including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Lot 2A of Watters Subdivision No. 2 in the City of Dubuque. Section 3. That the Mayor be authorized and directed to execute a Quit Ctaim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Dubuque Lodging, Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. Proof of publication ceYdfied to by the Publisher on Notice of Headng to dispose of Lot 2 of Finley Home Addition to Finley Hospital and City Manager recommending approval of disposal, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 88-99 , DISPOSING OF THE CITY S INTEREST IN AND APPROVING AN OPTION TO PURCHASE LOT 2A OF FINLEY HOME ADDITION IN THE C TY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of headng, published in the Telegraph Herald, a new~paper of general circulation published in the City of Dubuque, Iowa on 5th day of February, 1999, the City Council of the City of Dubuque, Iowa met on the 15th day of February, 1999, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of Finley Home Add~on in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for the easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 'Option to ReqularSession February 15, 1999 Purchase" for Lot 2A of Finley Home Addition in the City of Dubuque, Iowa attached hereto, is hereby approved. Section 2. That the Mayor be authorized and directed to execute the attached "Option to Purchase" to be delivered to the Finley Hospital upon the receipt of $5,000.00, and authorized and directed to execute a Quit Claim Deed to the Finley Hospital to be delivered upon receipt of the purchase pdce in full. · Section 3. That the CH Clerk be and is hereby authorized and directed to record a certified copy of this resolution and "Option to Purchase" in the o~ce of the CH Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 15th day of February, 1999. Terrance M. Duggan, Mayor Attest:. MaryA. Davis, CH Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Diane TeKippe requesting an Interpreter be available at Police Dept. for the headng impaired and City Manager recommending to continue with current practices, presented and read. Deb Herdg interpreted for Diane Tekippe in her request. Buol moved that the communication be received and filed and concurred with the Manager's recommendation. Seconded by Nicholson. Carried by the following vote: Yeas---Duggan, Buol, Markham, Michalski, Nicholson, Robbins. Nays--Voetberg. Atty. Arnold Van Etten, on behalf of Rockdale Cemetery Association, requesting Council approval to abate the special assessment for the Kelly Lane project insofar as it relates to the Rockdale Cemetery Association real estate (Deferred from meeting of 2-1- 99), presented and read. Attorney Van Ettan, Dennis Bradley as Pres. of the Rockdale Cemetery and Marian Williams as past caretaker of the cemetery, all spoke requesting abatement of assessment. Nicholson moved that this assessment be reduced to $5.00. Seconded by Markham. Carded by the fo[lowing vote: Yeas--Markham, Micha~ski, Nicholson, Robbins. Nays--Buol, Duggan, Voetberg. City Manager recommending approval of 28E Agreement with Dubuque Community School District and authorization to execute, presented and read. Buol moved that the communication be Feceived and filed and approved recommendation. Seconded by Voetberg. Motion carded 7-0. Rhodes "Bud" Isenhart spoke gMng an update on proposed State legislation regarding monies echool districts will receive. Nichelson moved that the following item be removed from the table. Seconded by Buol. Motion carried 7-0. City Manager submitting Ordinances providing for back-in angle parking on Fourth and Fifth Street; an Ordinance Amending Code of Ordnances by deleting subsection (e) and adding new Subsections (e), (f) and (g) to Section 32-263 relating to angle parking and adding portions of Fourth and Fifth Streets for new subsection (f) and an Ordinance Adopting a new Section 32- 271 in lieu thereof to the City Code of Ordinances. Nicholson moved to table this to the March 15th Council Meeting. Seconded by Buol. Motion carded 7-0. Mayor Duggan left the Chambers at 7:54 p.m. Ed Tschiggfde requesting City's assistance to secure a sanitary sewer and water main easement by using the City's dght of eminent domain and City Manager recommending to proceed with eminent domain proceedings as requested by Ed Tschiggfde and a Resolution Authorizing Legal Staff to institute Eminent Domain Proceedings for sanitary sewer and water main easement to service Alpine Mobile Home Park, presented and read. Rod Tschiggfde spoke gMng specifics of the request. Galen Manternach, owner of Terrace Estates Mobi e Home Park, spoke giving further information. Nicholson moved to table this matter to the Council Meeting of 3-15-99. Seconded by Markham. Carried by the following vote: Yeas---Buol, Markham, Michalski, Nicholson, Robbins. Nays--Voetberg. Absent--Duggan. Mayor Duggan returned to the Council Chambers· Nicholson moved that the following item be removed from the table (placed on the table at the meeting of November 2, 1998). Seconded by Buol. Motion carried City Manager recommending 67 Regular Session, February 15, 1999 approval and awarding of contract for Curb Ramp Installation - 17th St. area, presented and read. Michalski moved that the communication be received and flied. Seconded by Buol. Carded by the following vote: Yeas--Duggan, Suol, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. RESOLUTION NO. 89-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 30th day of September, 1998, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Curb Ramp Installation - 17th Street Area. Whereas, notice of heating 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 15th day of February, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Micharski moved adoption of the resolution. Seconded by Buol. Carried by the following vote: Yeas---Duggan, Buol, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. RESOLUTION NO. 90-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Curb Ramp Installation - 17th Street Area pumuant to Resolution No. 45% 98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of October, 1998. Whereas, said sealed proposals were opened and read on the 22nd day of October, 1998 and ti has been determined that the bid of Renaissance of Dubuque Corporation of Dubuque, Iowa, in the amount of $51,696.71 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Renaissance of Dubuque Corporation and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete 2erformance of the work. BE IT FURTHER RESOLVED: That upon the signing of said :ontract 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 15th day of February, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoption of the resofufion. Seconded by Buol. Carried by the following vote: Yeas--Duggan, Buol, Markham, Michalski, Robbins, Voetberg. Nays--Nicholson. City Manager requesting public headng be set for March 1, 1999 to consider voluntary annexation for approx. 39.8 acres of propedJes located west of Peru Road, south of the Ginger Ridge subdMsion, and north of the Terrace Heights Mobile Home Park as requested by Ronald and Joann Ludwig, Lawrence and Katherine Ludwig and Edward Tschiggfrie, presented and read. Michalski moved that the communication be received and tiled and approved request and set hearing for 3-1-99 at 7:00 p.m. in the Public Library Auditorium and that the Cb Clerk publish nofice in the manner )resctibed by law. Seconded by Markham. Motion carded 7-0. Zoning Advisory Commission advising of their approval to rezone property located West of Peru Road and North of Kennedy Court from County AG to PUD with a PR designation, for Emerald Acres No. 2, concurrent with annexation (Tschiggfrie), presented and read. Voetberg moved that the communication be received and filed. Seconded by Buol. Motion carded 7-0. An Ordinance Amending Zoning Map by reclassifying property from County Agticufiural to PUD Planned Unit Development with a PR Planned Residential Zoning designation, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Buol. Motion carried 7-0. Recjular Session, Voetberg moved that a Public Headng be held on the proposed Ordinance on · the 1st day of March, 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 BuoL Motion carried 7-0 Zoning Advisory Commission advising of their approval to rezone property at 17111 Peru Road (County) from County AG to R-1 Diatricl (Ludwig), presented and read. Voetberg moved that the communication be rece;ved and tiled. Seconded by BuoL Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located at 17111 'Peru Road from County Agricultural to City R-1 Single-Family Residential District, concurrent with annexation, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be tinally passed be suspended. Seconded by Buol. Motion carded 7-0. Voatberg moved that a Public Headng be held on the proposed Ordinance on the 1st day of March, 1999 at 7:00 p.m. in the Public Ubrary Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property on Peru Road north of Kennedy Court off Peru Rd. from AG to R-1 Disthct (Tschiggfrie), presented and read. Voetberg moved that the coromunication be received and tiled. Seconded by BuoL Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located North of Kennedy Court and West of Peru Road from AG Agricultural to R-1 Single-Family Residential District, presented and read. 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 that a Public Hearing be held on the proposed Ordinance on ~e 1 st day of March, 1999 at 7:00 p.m. m the Public Library Auditoriuro and that the City Clerk publish notice in the manner prescribed by law. Seconded February 15, 1999 68 by Buol. Me, on carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at Southwest Corner of Asbury Rd. and Northwest Artedal from C-3 and AG to PUD with PC designalton (Jessie Anssi/AJdi Inc.), presented and read. Buol moved that the comrounicetion be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located at Southwest coroer of Asbury Road and the Northwest Arterial from C~3 General Commercial, with conditions, and AG Agricultural to PUD Planned Unit Development District with a PC Planned Commercial Distdct designation and adopting a Conceptual Development Plan, with conditions, id read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counc~ Meetings prior to the meeting at which it is to be tinally passed be suspended. Seconded by Robbies. Motion carried 7-0. Buol moved that a Public Headng be held on the proposed Ordinance on the 1st day of March, 1999 at 7:00 p.m. in the Public Ubrary Auditoduro and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property adjacent to and West of 3939 Pennsylvania Ave. from R-1 to C-3 District. (East Dubuque Bansshares/Dubuque Asserobties of God), presented and read. Buoi moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Z6ning Map by reclassifying property located adjacent to 3939 Pennsylvania Avenue from R-1 Single-Faroily Residential District to C-3 General Commercial District, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be tinally passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Hearing be held on the proposed Ordinance on the 1st day of March, 1999 at 7:00 p.m. in the Public 69 Regular Session, February 15, 1999 Library Auditorium and that the C~ Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carded 7-0. Zoning Advisory Commission advising of their approval to amend PC distdct for property at 255 J.F. Kennedy Road to allow freestanding signs (Kieffer & Co., Inc./ShopKo), presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. An Ordinance Amending Zoning Ordinance by enacting a new Section 2.E(1) in lieu thereof pertaining to freestanding signage of the PC Planned Commercial District located at 255 John F. Kennedy Road, 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 passed be suspended. Seconded by Robbins. Motion carried 7-0. Buol moved that a Public Headng the proposed Ordinance on the 1st day of March, 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 carried 7-0. Zoning Advisory Commission advising of their denial to rezone property at 4100 Asbury Road from AG to C-2 District (Hilby) and Tim Hilby requesting Council set matter for public hearing on 3-15-99, presented and read. Michalski moved that the communication be received and tiled. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located at 4100 Asbury Road from AG Agricultural District to C-2 Neighborhood Shopping Center District, presented and read. Micha[ski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be tinally passed be suspended. Seconded by Robbies. Carded bythefollowing vote: Yeas--Duggan, Buol, Markham, Michalski, Nicholson, Robbins. Nays---Voetberg. Michalski movedthat a Public Hearing be held on the proposed Ordinance on the 15th day of March, 1999 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescdbed by law. Seconded by Robbins. Motion carded 7-0. There being no further business, Buol moved to adjourn. Seconded by Voetberg. Motion carried 7-0. The meeting adjourned at 8:34 p.m. /s/Mary A. Davis CMC, Clerk ,1999 999 ;ounci[ Members Attest: ./~ C~ Clerk ~/ Special Session, February 18~ 1999 70 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City of Dubuque, City Council Special Session, February 18, 1999 Council met at 6:00 p.m. Public Ubrary Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Nicholson, Robbins, Voetberg. City Manager Michael Van Milligen, Corporation Counsel Barry A. LindahL Mayor Duggan read the call and stated this is a Speciai Session of the City Council called for the purpose to discuss Environmental Assessment for Sout.hwest Artadal Project. City Manager requesting City Council to endorse the Southwest Arterial Project, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 91-99 SOUTHWEST ARTERIAL LOCATION AND ENVIRONMENTAL ASSESS- MENT Whereas, the U.S. Department of Transportation, Federal Highway Administration, and the Iowa Department of Transportation have prepared an Environmental Assessment for a proposed four-lane roacM, ay on a new alignment in Dubuque County. Said roacM, ay to be designated as "Iowa Highway 32", or commonly called the "Southwest Artedal", and Whereas, the City Council has reviewed the Environmental Assessment of the project dated January 19, 1999, and Whereas, the Southwest Artadal is one of the urban area's top transportation priorities and part of the long-range transportation plan for the urban area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council supporbs the commitment made by the DMATS Policy Board to fund up to 15 percent of the Federal portion of the proposed construction and right-of~way costs from MPO ISTEA and TEA-21 STP funds. Section 2. That a Memorandum of Understanding be executed between the Iowa Department of Transportation Commission and 'the DMATS Policy Board establishing the framework for development of the Southwest Arterial. Section 3. That the project should be developed with Priority One access control for its entire length. Section 4. That the English Mill Road Extension and interchange and the Oakland Farms Road Interchange delayed until such time as justitied circulation needs, and that of right-of-way for the nterchange be included in the project. Section 5..That the interchange at Highway 20 should be built as part of the Highway 20/NVest Dodge Street access control project Section 6. That the North Cascade Road and Highway 61/151 interchanges should be included in the ! proposed project and built concurrently with the Southwest Arterial Section 7. That the eventual dispos~on of all road relocations, non- ramp improvements, frontage roads and access roads be discussed at a technical level and be reflected in a Memorandum of Understanding between the affected agencies. Section 8. That there may be better and/or less expensive options for providing bike and pedestrian access that is consistent with the department's Bicycle and Pedestrian Accom- modation guidelines, and that an agreement for bicycle and pedestrian access be included in the Memorandum of Understanding. Section 9. That following acceptance of the Final Environmental Assessment, that the Commission implement corridor prese~/ation on the proposed Southwest Artedal Corridor. Section 10. That during 1999, following Commission acceptance of the Final Environmental Assessment, that the Commission would amend the IDOT Five Year Plan to include design of the Southwest Arterial at the eadieat date. Passed, approved and adopted this 18th day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution and send Letter of Support to IDOT. Seconded by Markham. Motion carried 7-0. 7] Special Session, February 18, 1999 There being no fur[her business, Michalski moved to adjourn. Seconded by Voetberg. Motion carried 7-0. The meeting adjourned at 6:03 P.M. Council proceeded with Fiscal Year 2000 Depar[mental reviews with Civic Center Division, Recreation Division, Park Division, Finance Department and Parking Division. /s/Mary A. Davis CMC City Clerk Approved ~" ~ ,1999 Council Members Attes~.._~Z City Clerk ~/ Special Session, February, 22, 1999 7? DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, February 22, 1999. Council met at 6:00 p.m. Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. LindahL Mayor Duggan read the call and stated this is a Special Session of the City Council called for the purpose to set a public headng on the issuance of Tax Increment Revenue Bonds for Advanced Data Corem project and acting upon such other business which may properly come before the Council. City Manager requesting public heating be set for March 1, 1999 providing for the issuance of Tax increment Revenue Bonds to support Advanced Data-Corem Project, presented and read. Michalski moved that the communication be' received and filed. Seconded by Voetberg. Motion carited 7-0. RESOLUTION NO. 92-99 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $900,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue Bonds to the amount of not to exceed $900,000, as authorized by Section 403.9 of the Coda of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and Whereas, before sai~ Urban Renewal Tax Increment Revenue Bonds may be issued pursuant to Section 403.9 of the Code of Iowa, it is necessary that the action hereinafter descdbed be taken and (hat the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of said City to said action. Now, Therefore, Be It Resolved By The City Council Of The City of Dubuque, iowa: Section 1. That this Council meet in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa at 7:00 o'clock P.M. on the 1st day of March, 1999, for the purpose of taking action on the matter of the issuance of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds, the ~roceeds of which will be used to )rovide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of iowa and the Urban Renewal Plan for the Dubuque Industrial Center/South Economic Development Distr~ct, including those costs association with the funding of an economic development grant to Advanced Data-Corem, Inc., an Iowa corporation, pursuant to and under the conditions set forth in a Development Agreement dated as of November 16, 1998 by and among the City of Dubuque, ADC Properties, L.C., an Iowa limited liability company, and Advanced Data-Corem, Inc. in respect of certain minimum improvements to be constructed and jobs to be created and maintained by said parties in the Dubuque Industrial Center/South Economic Development District. Section 2. That the Clerk is hereby directed to cause at least one )ublication to be made of a notice of said meeting, in a legal newspaper, )dnted wholly in the English language, )ublished at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Ta~ Increment Revenue Bonds shall be in substantially the following form: NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MA'CYER OF THE PROPOSED SSUANCE OF NOT TO EXCEED $900,000 URBAN RENEWAL TAX INCREMENT REVENUE BONDS OF SAID CITY, AND THE HEARING ON THE 73 ' Special Session, February 22, 1999 ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 1st day of March, 1999, at 7:00 o'clock P.M. in the Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds in order to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Dubuque Industrial Center/South Economic Development District, including those costs associated with the funding of an economic development grant to Advanced Data-Comm, Inc,, an Iowa corporation, pursuant to and under the condi'dons set forth in a Development Agreement dated as of November 16, 998 by and among the City of Dubuque, ADC PropedJes, L.C., an Iowa limited liability company, and Advanced Data-Comm, Inc. in respect of certain minimum improvements to be construsted and jobs to be created and maintained by said pa~es in the Dubuque Industrial Center/South Economic Development District. At the above meeting the Council shall receive oral or written objec~ons from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said Urban Renewal Tax Increment Revenue Bonds or will abandon the proposal to issue said obligations. This notice is given by order of the Council of Dubuque, Iowa, as provided by Section 403.9 of the Code of Iowa. Code Section 403.9 shall govern this meeting and action taken thereat Dated this 22nd day of February, 1999. Mary A. Davis, City Clerk of Dubuque, Iowa (End of Notice) Passed and approved this 22nd day of February, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk · M[chalski moved adoption of the Resolution. Seconded by Voetberg. Motion carried 7-0. Voetberg moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Michalski. Motion carded Proof of Publication certified to by the Publisher on Notice of Hearing to obtain comments from cidzens relative to Proposed Annual Action Plan for use of Community Development Block Grant Funds for Fiscal Year 2000, presented and read. Nicholson moved that the proof be received and filed. Seconded by Voetberg. Motion carded 7-0. No public comments were received. Council then proceeded with Fiscal Year 2000 Department Budget Review Headngs for Community and Economic Development, Planning Dept., Housing Dept., Human Rights Dept. and Water Dept. The meeting adjourned at 7:58 P.M. Is/Ma~A. Davis CMC City ~Clerk - ,1999 Council M~mbers ' '~ City Clerk ~