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1999 September Council ProceedingsSpecial Session, September 7~ 1999 366 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, Tuesday, September 7, 1999 Council Met at 6:00 P.M., at the Public Library Auditorium Present:. Mayor Duggan, Co~Jncil Membem Buol, Markham, Michalski, Nicholson, Robbins. Absent: Council Member Voetberg at Roll Call. Council Member Voetberg arrived at 6:11 P.M. Fire Chief Dan Brown and Information Services Director Chds Kohlman gave a presentation of a Multi-Hazard Plan. There being no further business, upon consensus the meeting adjourned at 6:44 P.M. /si Mary A. Da',4s CMC City Clerk Approved 1999 City Clerk 367 Regular Session, September 7, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, September 7, 1999 Council Met at 7:00 P.M., Public Library Auditorium Present: Mayor Ddggan, Council Members Buol, Markham, Michaiski, Nicholson, Robbins, Voetberg, City Manager Michael Van Mi[ligen, Corporation Counsel Barry A. Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. invocation was given by Rev. Sean Hirschy, Youth Minister for Word of Life Church. PROCLAMATIONS: September 6-11 as "Union Label Week." MINUTES SUBMITTED: Cable Teleprogramming of 8-10; CMl Service of 7-12; Five Flags Commission of 6- 21, 7-19 (Canceled) & 8-16; Histodc Preservation Comm. of 8-5; Housing Code Appeals Bd. of 7-20; Investment Oversight Advisory Comm. of 8-5 (unapproved); Plumbing Board of 7-27, presented and read. Voetberg moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on publishing Council proceedings for meeting of 8-2; Notice of filing Final Schedule of Assessment for 1998 Sidewalk Assessment project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicho[son. Motion carried 7-0. Pdnted Council proceedings for month of July, 1999 presented for approval. Voetberg moved that the proceedings be approved as printed. Seconded by Nichotson. Motion cartied 7~0. NOTICES OF CLAiMS/SUITS: Bruce Haylock in undetermined amount for vehicle damages; Patdcia Hogan in unknown amount for personal injuries Lisa K. Klein in undetermined amount for property damages and losses; Robert & Heidi McDonald in amount of $176.00 for backed up sewer damages; Matilyn J. Wilson in amount of $109.59 for vehicle damages, presented and read. Voetberg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the iowa Communities Assurance Pool: Vehicle damage of Leona Ryan; Property damage and personal injury of Ga[I and Leonard Stoffel; Vehicle damage of Michael Van Voors, presented and read. Voetberg moved that the communications be received and filed. Seconded by Nicholson. Motion carded 7-0. Corporation Counsel recommending denial of following claims: Machinery damage of Gary Augustin; Sewer backup of Kdsti Trowbddge, presented and read. Voetberg moved that the communications be received and filed and recommendations approved. Seconded by Nicholson. Motion cartied 7;0. Corporation Counsel recommending settlements of following claims and direct Finance Officer to issue checks: Vehicle damage of Robert G. Puls in amount of $196.31; Reimbursement of tow charges of Heather L Dague in amount of $42.20; Sanitary Sewer backup damages of John Merkes as part of the Sanitary Sewer Backup Assistance Program, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. Gail Stoffel appealing the denial of her claim for backup sewer damages and personal injuries, presented and read. Voetberg moved that the communication be received and filed and matter referred to the Legal Staff. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of resolution providing for use of revenues generated in Downtown Re.qular Session, September 7, 1999 368 Urban Renewal TIF District, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 461-99 RESOLUTION RESCINDING RESOLUTION NO. 146-94 WHICH ESTABLISHED AN ANNUAL LIMIT (75%) ON THE USE OF REVENUES GENERATED IN THE DOWNTOWN URBAN RENE'~NAL TAX INCREMENT FINANCING DISTRICT. Whereas, the City Council of the City of Dubuque, on the 2nd day of May, 1994 adopted an amended and restated Urban Renewal (Plan) for the expanded Downtown Urban Renewal District; and Whereas, Ordinance No. 23-94 established the Downtown Tax Increment Financing Distdct within said Downtown Urban Renewal District for the purposes of financing a vadety of pub[ic purpose actMties in support of the Plan; and Whereas, the City Council believed that there were sufficient revenues generated by the Downtown Tax Increment Financing Distdct to accomplish the objectives of the Plan and that a limit on the use of these funds could be established without har~pering redevelopment efforts within the Downtown Urban Renewal District,, and Whereas, Resolution No. 146-94 expressed the intention of the City Council that not more than seventy-five percent (75%) of the e~mated annual tax increment revenues from the Downtown Tax Increment Financing District be used in any year to satisfy payment of the principal of any interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise incurred to finance in whole or in par~ the redevelopment of the Downtown Urban Renewal District; and Whereas, in light of current planned development in the Downtown Urban Renewal District and the need for additional City infrastructure and improvements to support the Plan, the City Council does now express its intent to use up to 100% of the tax increment proceeds generated by the Downtown Tax Increment Financing District in support of the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Counc~ does hereby rescind Resolution No. 146-94. Passed, approved and adopted this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest. Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7~0. Patrick Crahan of Flexsteel Industries, requesting City plant a few I shrubs and deciduous trees in the green space on east of Jackson St from Milwaukee St. past Diamond Street up to Ruby Street, presented and read. Voetberg moved that the communication be received and tiled and matter referred to the City Manager and Staff. Seconded by Nicholson. Motion carried 7-0. Patrick Crehan requesting ~ermiesion to install sprinkling system on Jackson St. between Ruby and Milwaukee Streets, presented and read. Voetherg moved that the communication be received and flied and matter referred to the City Manager and Staff. Seconded by Nicholson. Motion carried 7-0. IDOT advising bid letting for project involving the Third Street bddge over U.S. 52J61/151 will be at a later revised date, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. August 24, 1999 Honorable Mayor and Members of the Cfty Council In accordance with Chapter 400 of the 1999 Code of Iowa, the Civil Sen,ice Commission conducted a written examination on August 11 1999 for the position of ANIMAL CONTROL OFFICER. 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. ANIMAL CONTROL OFFICER Karen A: Stein Robyn F. Linn Thomas A: Voss Lcd A: Weig John J. Huekels Susan M. Barnes Che~ A: Leirmore-Kaiser Frederick Bdmeyer Todd Felderman William Waterbury Tina Duehr Jerry Willard Jon Roraff Sandre Speed Hugh McCarron Respectfully submitted, 369 Regular Session, September 7, 1999 Merl6J. Duehr, Jr. Chairperson Lores J. Kluesner Civil Service Commission Voetberg moved that the above Civil Service certification be made a matter of record. Seconded by Nicholson. Motion carded 7-0. City Manager requesting concurrence on purchase of generator for Five Flags, presented and read. Voetberg moved that the communication be received and filed and request approved. Seconded by Nicholson. Motion carded 7~0. City Manager recommending approval to purchase 2 portable generators for Water Pollution Contra[ Plant, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of Usage Agreement with the Dubuque Fighting Saints for Five Flags facility, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of partnership agreement with the U.S. Census Bureau, presented and read. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carded 7-0. Zoning Advisory Commission approving correction plat of Emerald Acres No. 1, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 462-99 A RESOLUTION APPROVING RESCINDING RESOLUTION 236-99 AND APPROVING THE CORRECTION PLAT OF EMERALD ACRES NO. 1 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been tiled with the City Clerk a correction plat of Emerald Acres No. 1 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears, streets to be known as Tanzanite Drive, Tanzanite Court (Lot A) and Peru Road (Lot B), together with certain public utility and sewer easements and storm water detention facility, which the owners by said final plat have dedicated to the public forever; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subject to the owners agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Tanzanite Ddve and Tanzanite Court (Lot A) and Peru Road (Lot B) and storm water detention facility (Lot 4) together with the easements for public utilrdes, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and SeCdon 2. That the final plat of Emerald Acres No. 1 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, )rovided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a. To reduce Tanzanite Ddve and Tanzanite Court to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices ali in accordance with the City of Dubuque standard specifications, all in a manner ReqularSess on, September~7 1999 370 acceptable to the City Engineer, and in accordance w~h construction improvement plans approved by the City Engineer, and inspected by the City Engineer. c. To construct a storm water detention facility in a manner acceptable to the Cb Engineer on Lot 4 of Emerald Acres No. I in accordance with the improvement plans and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer, and maintain said detention facility until 80 percent of the sum of the plattsd lots are full' developed and the remaining 20 percent of said lots have installed adequate erosion control measures as approved by the City Engineer. d. To construct said improvements prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owners. e. To maintain the public improvements for a period of two (2) years from the date of acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners or future owners. And further provided that said T- Corp., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abu~ng the public rights-of-way, including lcts with multiple frontages, as required by City Code 41-161 through 41-164. The resposs[bllity shall extend to all successors, heirs and assignees. Sidewalk installation will not be required unt~ the development of the lot has been completed, except as required herein. In sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks instal[ed upon development of 80% of the lots approved bythe plat Section 4. That egress onto Peru Road from the driveway area of Lots 1, 2, and 3 shall be restricted to accessing Peru Road by ddving the vehicle forward from the driveway area. Section 5. Thatthe final acceptance of all public improvements shall occur upon cedJfication of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot 4) shall be assessed against Lots I through 20 (except Lot 4) in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with an in the same manner as general property taxes in accordance with provisions of law. Section 7. That in the event T-Corp. shall fail to execute the acceptance and furnish the guarantees provided in Section 2. hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 7th day of September, 1999. Termnce M. Duggan, Mayor Attest: Ma~y A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 462 -99 I, the undersigned, representing T- Corp., owner and developer, having read the terms and conditions of the Resolution No. 462-99, and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 8th day of September, 1999. T-Corp., Owner and Operator By:. Isl Edward D. Tschiggfde, President Voatberg moved adoption of the Resolution. Seconded by Nichdison. Motion carried 7-0. City Manager submitlJng FY 1999 Street Finance Report, presented and read. Voetberg moved that the communication be recek, ed and flied. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO, 463-99 RESOLUTION APPROVING THE CiTY OF DUBUQUE FISCAL YEAR 1999 STREET FINANCE REPORT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Street Finance 37 ] Regular Session, September 7, 1999 Report for the pedod Juiy 1, 1998 to June 30, 1999, be and the same is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportafion. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending Letter of Support for Mines of Spain Trail Grant, presented and read. Voetberg moved that the communication be received and filed and recommendafion approved. Seconded by Nicholson. Motion carded 7-0. · City Manager recommending acceptance of Airport Restroom Remodeling and ADA Improvements, presented and read. Voetherg moved that the communicafion be received and filed. Seconded by Nicholson. Mofion carded 7-0. RESOLUTION NO, 464-99 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Regional Airport Restroom Remodeling and ADA Improvements Project has been completed and the City Manager has examined the work and filed his cerfificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 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 Fiscal Year 1999 C.I.P. for Restroom Renovations at the Airport and the General Purpose 504 Building Accessibility Project in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adopfion of the Resolution. Seconded by Nicho~on. Motion carded 7~0. RESOLUTION NO. 465-99 FINAL ESTIMATE Whereas, the contract for the Dubuque Regional Airport Restroom Remodeling and ADA improvements Project has been completed and the City Engineer has submitted his final esfimata 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 ~mprovement is hereby determined to be $54,472.68 and the said amount shall be paid from the Fiscal Year 1999 C.I.P. for Restroom Renovafions at the Airport and the General Purpose 504 Building Accessibility Project of the City of Dubuque, Iowa. Passed, approved and adopted this 7th day of September, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetherg moved adoption of the Resolufion. Seconded by Nicholson. Motion carded 7-0. City Manager recommending acceptance of Warranty Deed -21st & Central, presented and read. Voetberg moved that the communication be received and flied. Seconded by NichoJson. Motion carded 7-0. RESOLUTION NO. 466-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY AT 21ST AND CENTRAL TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an acquis~on agreement with Melvin J. Leslein and Carmen Leslein dated June 28, 1999, pursuant to which Melvin J. Leslein and Carmen Leslein agreed to convey a part of the south 42 feet of Lot 12 of L.H. Langworthy's Add~on in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Melvin J. Leslein and Carmen Lesiein, husband and wife, have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from MeMn J. Reqular Session, September 7, 1999 372 Lesiein and Carmen Leslein, copies of which are attached hereto, as required by Iowa Code Section 569.7. Sec'don 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in cormecffon herewffh. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adopffon of the Resolution. Seconded by Nicholson. Motion carried 7-0. Histodc Preservation Commission advising of an appeal from Tim Wood and Vicki Bechen, property owners at 623-627 Arlington St. in the West 11th St. Historic District regarding the denial of installation of v~nyl siding and requesting Council affirm or reveme the decision or refer back to the Commission for further action, presented and read. Voetberg moved that this matter be referred back to the Historic Preservation Comm. Seconded by Nicholson. Motion carded 7-0. Alice Conner submitting petition containing appre,'c 196 signatures requesting the maintenance of present park-like atmosphere of Town Clock Plaza by preserving the trees along Main St. between Town Clock & 9th Streets, presented and read. Voetberg moved that the communication be received and tiled and matter referred to the Cb Manager and Staff. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of CEBA loan for Cottingham and Buffer Insurance Se~ce, Inc., presented and read. Voetberg moved that the communicaffon be received and tiled. Seconded by Nicholson. Moffon carried 7-0. RESOLUTION NO. 467-99 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR NINETY THOUSAND DOLLARS ($90,000) WITH COTTINGHAM AND BUTLER INSURANCE SERVICE, INC. Whereas, the Community Economic Betterment Account (CEBA) program has been created by the iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, on March 18, 1999, the City of Dubuque, Iowa was awarded a ninety thousand dollar ($90,000) loan/forgivable loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Cotffngham and Buffer Insurance Service, Inc. in its efforts to expand its operations in downtown Dubuque and create new, permanent employment opportunities for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Department of Economic Development, Cottingham and Buffer Insurance Service, Inc. and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporaffon Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement. Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Cotffngham and Buffer insurance Service, Inc. from the CEBA program in accordance with the terms and conditions of~ the executed Agreement. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of Agreement for the Region One Chief Elected Official Board Workforce investment Act of 1998, )resented and read. Voetberg moved that the communication be received and tiled and recommendaffon approved. Seconded by Nicholson. Motion carried 7-0. Dubuque Federeffon cf Labor advising of their nominaffon of Emil 'Mike" Stackis' and United Labor Pardcipaffon Committee submiffing nomination of Matin Mulert to serve as representa~e on Regional Work Force Adv~ory Board, presented and read. Voetberg moved that the communication be received and tiled and nominations approved. Seconded 373 Regular Session, September 7, 1999 by Nicho. lson. Motion carded 7-9. RESOLUTION NO. 468-99 A RESOLUTION PROVIDING FOR COOPERATION WITH OTHER GOVERNMENTAL UNITS IN THE CREATION AND OPERATION OF THE SERVICE DELIVERY AREA ONE CONSORTIUM Whereas, the Governor of Iowa determined that on March 25, 1999 the counties of A~lamakee, Chickasaw, Clayton, Delaware, Dubuque, Fayette, Howard and Winneshiek and the City of Dubuque shall comprise Workforce Investment Region One pumuant to the Workforce Investment Act of 1998; and Whereas, the Workforce Investment Act (WlA) of 1998 requires, and Chapter 25E, The Code ef Iowa (1997) allow, units of local government to indicate their joint par~cipation in the WIA, by executing a joint exercise of powers agreement in accordance with those laws and regulations; and Whereas, the heretofore-named counties desire to par~cipate in, and be a member of Workforce Investment Region One as designated by the Governorl Now, Therefore, Be It Resolved by the City of Dubuque, Iowa that it does hereby pledge its cooperation with the governing bodies of other cooperating governmental units in the creation and operation of the Workforce Investment Region One Board by adopting the Intergovernmental Cooperation Agreement of such Board which is attached hereto and by this reference made a part hereof. Passed and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michalski moved to approve Council Member Dan Nicholson as' Voting Alternate for NLC meeting. Seconded by Markham. Motion carded 7-0. Zoning Advisory Commission advising of their approval of plat of Adam's Company's Addn., presented and read. Voetberg moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 469-99 A RESOLUTION APPROVING THE PLAT OF SURVEY OF LOTS 1 THRU 4 OF ADAMS COMPANY 3RD ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a plat of survey of Lots 1 thru 4 of Adams Company's 3rd Addition, in the City of Dubuque, Iowa; and Whereas, said plat provides Lot 1 thru 4 with 0 feet of lot frontage, where 60 feet is required by Section 42-19(b) of the SubdMsion Regulations; end Whereas, said survey plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b} of the Subdivision Regulations is waived to allow Lot 1 thru 4 to have 0 feet of frontage, where 60 feet is required. Section 2. That the plat of survey of Lots 1 thru 4 of Adams Company's 3rd Addition is hereby approved and the Mayor and C~ Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 470-99. 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 C garettes with n the Ci[y of ! Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papem within said City. RENEWAL One Flight Up One Flight Up 44-48 Main St Passed, approved and adopted this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 471-99 Whereas, applications for Beer Reqular Session~ September 7 1999 Permits have been submitted and flied 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 thLs 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 author[zed to cause to be issued the following named applicants a Beer Permit. CLASS 'C' BEER PERMIT The Monday Comp Casey's General Store+(SundaySale) 4003 Peru Rd Dennis A. AJthaus Family Mar~ Inc +(Sunday Sale) 3201 Central Ave Rainbo Oil Cam. Kwik Stop Food Mart+ (Sunday Sale) 2255 Kerper Bivd Rainbo Oil Cam. Kwik Stop Food Mart+(Sunday Sale) 2360 Central Ava Passed, approved and adopted this 7th day of September, 1999. Torrance M. Duggan, Mayor A~est MaryA Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 472-99 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 filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CQUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authored to cause to be issued the following named applicants a Liquor License. CLASS 'C'(COMMERCIAL) BEERILIQUOR LICENSE Nadine Bergin One Flight Up, lnc. +(Sunday Sale) 44-48 Main St Eagle Point Associates Inc. Tollbddge Inn + (Sunday Sale) 2800 Rhomberg Ave Passed, approved and adopted this ~h day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A, Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motian carded 7-0. 37/, BOARDS AND COMMISSIONS: BUILDING CODE BOARD OF APPEALS: IndMduais invited to address Council requesting appointment. Applicants: Chuck Cart, Rona[d Jahns and Steven Gudenkauf. No one spoke. Buol moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carded 7-0. Proof of publication certified ts by the publisher on notice of Public Headng to consider reclassifying property located on Highway 20 West and Cousins Road from AG to C-3 District (Cate/Stewart), presented and read. Buol moved that the proof be received and filed. Seconded by Voetberg. Motion carded 7-0. An Ordinance Amending Zoning Map by reclassifcng property located on Highway 20 West and Cousins Road from AG Agricultural Distdct to C-3 General Commercial District, with conditions, said Ordinance having been presented and read at the Council Meeting of 8-16-99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 69-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON HIGHWAY 20 WEST AND COUSINS ROAD FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, W1TH CONDITIONS. Whereas, Paul and Jayne Cate and Wayne Stewart, property owners, have requested rezsning with conditions, in accordance with Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan, NOW, THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is 375 Regular Session, September 7, 1999 hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural Distdct to City of Dubuque C-3 General Commercial District, with conditions, to wit That portion of SE 1/4 of SE 1/4 of Section 31 ~ng northwest of the U.S. Highway 20 right-of-way, Lot 1 of SE 1/4 of SE 1/4 of Section 31, Township 89 NorbS, Range 2 East of the 5th P.M., and to the center line of the adjoining public right-of-way, ali in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Man/A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of September, 1999. Mary A. Davis CMC, City Clerk It 9/15 Buol moved final consider~on and passage of the Ordinance. Seconded by Markham. Motion carded 7-0. Proof of publication certified to by the publisher on Notice of Public Headng to consider reclassifying property located on Highway 20 West near Cousins Road intersection from AG to C-3. (Dubuque Metropolitan Solid Waste Agency), presented and read. Buol moved that the proof be received and fi[ed. Seconded by Voetberg. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located on Highway 20 West near Cousins Road intersection from AG Agricultural Distdct to C-3 General Commercial District, said Ordinance having been presented and read at the Council Meeting of 8-16-99, now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 70-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON HIGHWAY 20 WEST NEAR COUSINS ROAD INTERSECTION FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT. Whereas, the Dubuque Metropolitan Solid Waste Agency, property owner, has requested re. zoning in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IQWA: Secfion 1. That Appendix Z (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property form AG Agricultural Distdct to C-3 General Commercial District, to wit: That portion of Lot 2-1 of N 1/2 of NE 1/4 of Secfion 6, Township 88 North, Range 2 East of the 5th P.M., and to the centedine of the adjoining public right-of-way, all in the City of Dubuque, iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory CommisSion of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of September, 1999. Mary A. Davis CMC, City Clerk It 9/15 BuoI moved final consideration and passage of the Ordinance. Seconded by Voetberg. Motion carded 7-0. Proof of publication ceCdfied to by the publisher on notice of Public Headng to reclassify property at 11515 English Mill Road from County A-1 to City C-3 and R-1 Districts, with conditions, concurrent with annexation; Mike Portzen requesting that a second access be allowed for this development and Ptanning Services Manager advising that 3/4 vote needed due to 20% of adjoining ownem objecting to the rezoning, presented and read. Reqular Session, September 7, 1999 376 Voatberg moved that the proof and communications be r~ceived and fileo. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending Zoning Map by reclassifying property located at 11515 English Mill Road from Dubuque County A-1 Agricultural District to City of Dubuque C-3 General Commercial District and R-1 Single- Family Residential District, with conditions, concurrent with annexation, said Ordinance having been presented and read at the Council Meeting of 8- 16-99 now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 7i-99 AN ORDINANCE AMENDING APPENDIX A {THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 11515 ENGLISH MILL ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE C-3 GENERAL COMMERCIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS, CONCURRENT WITH ANNEXATION. Whereas, Michael Portzen, Purchaser, pursuant to an agreement with Gerald and Judith Siegert, Sellers, has requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has be~n found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the C~J of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from Dubuque County A-1 Agricultural District to City C-3 General Commercial District and R~I Single-Family Residential District with conditions, as shown on Exhibit 1, and to the center line of the adjoining right-of-way, ali in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Section 3. This ordinance shall take effect immediately upon publication as provided by law, and at such time that the herein described property is legally annexed into the City of Dubuque, Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis ,City Clerk Published officially in the Telegraph Herald newspaper this '15th day of September, 1999. Mary A. Davis CMC, City Clerk It 9115 Voetberg moved final consideration and passage of the Ordinance and allcwthe second access. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the publisher on notice of Public Headng to annex approx. 213 acres of property lying outside of corporate limits located between English Mill Road and U.S. Highway 20, and communication of Betty and Margaret Bradley objec~ng to proposed annexation and rezoning as requested by Mr. Portzen, presented and read. Robbins moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 4~3-99 RESOLUTION ANNEXING CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA Whereas, Michael Portzen, Developer, pursuant to a purchase agreement, and Gerald and Judith Siege, t, Property Owners/Sellers, have voluntarily pe~oned for annexation of approximately 213 acres of property lying outside of the corporate limits of the City of Dubuque, Iowa, as shown in Exhibit A; and Whereas, Chapter 368 of the Code of Iowa authorizes the extension of city limits in situations of this character by the adop~on of a resolution after notification as required by state regulations; and Whereas, this request has been found to be consistent with the Comprehensive Plan and Future Land Use Map of the Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, low-a, make it desirable that said property be made part of the City of 377 Regular Session, September 7, 1999 Dubuqug, Iowa; and Whereas, a development agreement has been established between Michael Portzen, Developer, and the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of Dubuque, Iowa be, and they are hereby extended to include the property legally described as shown on Exhibit B. Section 2. The territory hereby annexed shall become- a part of the Third Precinct of the Fimt Ward of the City of Dubuque, Iowa. Section 3. The development agreement between the Developer and the City of Dubuque shall include the fdi[o`Mng Conditions of Annexation: A. High quality C900 polyviny[ chlodde (PVC) will be allowed for water lines in residential applications. B. Utilities ,Mil not be required to be located under streets if wider rights-of- way are provided. C. The City of Dubuque will assume responsibility for extending a water main along Highway 20 tot he western boundary of development, as needed. The Developer ,Mil pay $11.00 per-foot frontage fee and ail other connec~on charges. D. The City of Dubuque ,Mil extend a sanitary sewer collector line to the east edge of the property. The Developer ,Mil pay full costs of this sewer extension as lots sell, with a' balloon payment of the remaining balance at five years. E. The Developer ,Mil pay the sanitary sewer interceptor per acre fee as lots sell, with a balloon payment of the remaining balance at tive years. F. A wet-bottom pond ,Mil be created for storm water detention and adjacent land ,Mil be donated for City parks. The City will share iht he cost of storm water detention maintenance along with all other property owners in the development G. The zoning of the properly will be R- I Single-Family Residential and C-3 General Commercial. H. Access across from Cousins Road on Highway 20 would be required for this development Section 4. That the ~ity Clerk shall file this Resolution, all Exhibits and the petition for voluntary annexation with the State of Iowa. The Resolution ,Mil not be forwarded to the State of Iowa until such time as the Developer provides written evidence to the City Clerk of the conveyance of the property from the Sellers to the Developer. in the event that the Developer doe snot arovide such evidence to the City Clerk ~rior to 90 days from the approval date ~f this Resolution, then this Resolution shall be nuJl and void. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. ' Proof of publication certified to by the publisher on Notice of Public Hearing to amend Zoning Ordinance by amending Section 2-5.3(b), presented and read. Buol moved that the communication be received and tiled. Seconded by Michalski. Motion carried An Ordinance Amending Zoning Ordinance by amending Section 2- 5.3(b) Temporary Uses to allow the City Planner to grant extensions to the time limit for temporary uses, said Ordinance having been presented and read at the Council Meeting of 8-16-99 now presented for further action. (OFFICIAL PUBLICATION) ORDINANCE NO. 72-99 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY AMENDING SECTION 2-5.3(b) TEMPORARY USES TO ALLOW THE CITY PLANNER TO GRANT EXTENSIONS TO THE TIME LIMIT FOR TEMPORARY USES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 2- 5.3(b) as follows: (b) The use is of a limited and temporary duration, and in no case ,MIl exceed six (6) months, unless the C~ Planner grants an extension upon showing of good cause. The City Planner can grant a maximum of two (2) 90-day extensions. Section 2. that the foregoing has Regular Session, September 7, 1999 heretofore been reviewed by the Zoning Advisory Co~mission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 15th day of September, 1999. Mary A: Davis CMC, City Clerk It 9/15 Budi moved final consideration and passage of the Ordinance. Seconded by MichalskL Motion carded 7-0. Proof of publication cer~fied to by the publisher on Notice of Public Headng to dispose of City-owned property located on 9th and Locust to Amedcan Trust and Savings Bank and City Manager recommending to proceed with sa[e, presented and read. Robbins moved that the proof and communication be received and tiled. Seconded by Nichdison. Motion carded 7-0. RESOLUTION NO. 474-99 RESOLUTION APPROVING PLAT OF LOT A AND LOT 1 OF TENTH STREET SUBDIVISION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated August 26, 1999, prepared by IIW Engineers & Surveyors, P.C., describing Lot A and Lot 1 of Tenth Street Subdivision; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE 'IT RESOLVED BY THE C1'i-¥ COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the plat dated August 26, 1999, prepared by llVV Engineers & Surveyors, P.C., relative to the real 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. That the City Clerk be and is hereby authored 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 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 475-99 Whereas, pursuant to resolution and published notice of time and place of headng, published in the Telegraph Herald, a newspaper of general cimutation published in the Cfty of Dubuque, Iowa on the 27th day of August, 1999, the City Council of the CH of Dubuque, Iowa met on the 7th day of September, 1999, at 7:00 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa, to consider the proposal far the sale of real estate described as: Lot 1 of Tenth Street Subdivision in the City of Dubuque, Iowa to American Trust and Savings Bank; Whereas, the City Council of the City of Dubuque, Iowa overruled any and obje~ons, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, except for easements as noted, in the hereinabove described real estate to Amedcan Trust and Savings Bank~ NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Tenth Street Subdivision in the City of Dubuque, Iowa to Amedcan Trust and Savings Bank be and the same is hereby approved for the sum of $18,000.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deriver said deed of conveyance to the above named grantees upon receipt of the purchase pdce in full. Section 3. That the City Clerk be and is hereby aatha~ed and directed to record a cer~fied copy of this resolution in the office' of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of September, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adap'don of the resolution. Seconded by Nicholson. Motion carded 7-0. 379 Regular Session, September 7, 1999 Proof of publication certified to by the pul~lisher on Notice of Public Headng to dispose of City's interest in West Ridge Second Addition to Delbert Miller and City Manager recommending to approve sale, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 476-99 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 13A OF WEST RIDGE SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA 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 the 27th day of August, 1999, the C~ Council of the C~ of Dubuque, Iowa met on the 7th day of September, 1999, at 7:00 p.m. in the Public Libra~, Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 13A of West Ridge Second Addition, 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 City of Dubuque real property described as Lot 13A of West-Ridge Second Addition, in the City of Dubuque, Iowa, to Delbert Miller be and the same is hereby approved for the sum of $890.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the requirements to install improvements as indicated in Sections 2 and 3 of Resolution No. 333-76 approving West Ridge Second Addition is hereby rescinded. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Delbert Miller upon receipt of the purchase pdce in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a ced/fled copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carded 7-0. Proof of publication ced/fled to by the publisher on Notice of Public Headng to dispose of property described in a lease with Nextel WIP Lease Corp. and City Manager recommending approval of lease, presented and read. Buol moved that the proof and communication be received and tiled. Seconded by Vostberg. Motion carded 7-0. RESOLUTION NO. 477-99 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF A LEASE BETWEEN THE CITY OF DUBUQUE, iOWA, AND NEXTEL WIP LEASE CORP. FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATION ANTENNA FACIUTY Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication services to its cifizens, businesses, and institutions, while at the same time minimizing safety and aesthetic concerns posed by the construction of new towers and monopoles in residential areas, and Whereas, Nexta~ WIP Lease Corp. is the holder of a currant Federal Communications Commission license to provide certain wireless telecommunication services for sale in and around the City of Dubuque; and Whereas, Nextel WIP Lease Corp. desires to expand its signal coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wiraless telecommunications antenna facility on and 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 Nextel WIP Lease Corp. certain space on the water tower site W-2 lower catwalk, along with Reqular Session, September 7, 1999 adjacent ground space, for the purpose of installation and 'operation of a v,~re~ess telecommunication facility, and Whereas, representa~ves of Nextel WIP Lease Corp. and of the Cit7 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 tT 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. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Voetberg. Motion carded 7-0. Proof of publication cer~fied to by the publisher on Notice of Public Headng to dmpose of property described in a lease with lov~ Wire~ess Se~ces, LP. and City Manager recommending approval of lease, presented and read. Buol moved that the proof and communicafion be received and flied. Seconded by Robbins. Motion carded7-0. RESOLUTION NO. 478-99 A RESOLUTION OF THE CITY OF DUBUQUE APPROVING OF A LEASE BETWEEN THE CITY OF DUBUQUE, IOWA, AND IOWA WIRELESS SERVICES, LP, FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOM- MUNICATION ANTENNAE FACILITY. Whereas, the City Council of the City of Dubuque, Iowa encourages the expansion of wireless telecommunication selMces to its ci~ens, businesses, and institutions, while at the same time minimizing safety and aesthetic conceres posed by the construc~on of new towem and monopoles in residential areas, and Whereas, Iowa Wireless SeP~ces, LP is the holder of a current Federal Communications Commission license to provide certain wireless telecommunication se~Mces for sale in and around the City of Dubuque; and Whereas, Iowa Wireless Services, LP desires to expand its signal 380 coverage area and enhance the quality and capacity of its technical infrastructure by installing and operating a wireless telecommunications antenna facility on and 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 Iowa WIreless Services, LP certain space on the water tower site W-2 lower catwalk, along with adjacent ground space, for the purpose of installafion and operation of a wireless telecommunication facility, and Whereas, representatives of Iowa Wireless Sauces, LP 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 leese is hereby approved and the City Manager is authorized to sign and administer this lease on behalf of the CH of Dubuque. Passed, approved and adopted this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. Proofs of Publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Cable Car Square Histodc Lighting Project and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and,filed. Seconded by Nichoison. Mofion carded 7-0. RESOLUTION NO. 479-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of Ju~y, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Cable Car Square Histodc Lighting Project. Whereas, notice of headng on plans, Regular Session, September 7, 1999 specifcations, 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 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nishoison. Motion carried 7-0. RESOLUTION NO. 480-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Cable Car Square Historic Lighting Project pursuant to Resolution No. 437- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of August, 1999. Whereas, said sealed proposals were opened and read on the 26th day of August, 1999, and it has been determined that the bid of Westphal & Company, Inc: of Dubuque, Iowa, in the amount of $83,648.64 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 ~T RESOLVED BY THE-CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Westphal & Company, Inc. subject to the concurrence of the Iowa Depar[ment of Transportation, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nisholson. Moron carried 7-0. Proofs of Publication certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Constru~on of Sanitary Sewer Reconstruction Project - AJley between Rhomberg and Garfield, from Stanton to Shiras Ave. and City Manager recommending to award contract for project, presented and read. · Robbins moved that the ~reofs and communication be received and flied, Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 481-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of July, 1999, plans, specifcations, form of contract and estimated cost were filed with the C~y Clerk of Dubuque, iowa for the Sanitary Sewer Reconstruction Project - AJley Between Rhomberg and Garfield, from Stanton to Shiras. Whereas, no§ce of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THECITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, !specifcations, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO, 482-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contrecthm for the Sanitary Sewer Reconstruc~on - A~ley Between Rhomberg and Garfield, from Stanton to Shirts Project pursuant to Resolution No. 433-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of August, 1999. Whereas, said sealed proposals Regular Sess on, September 7, 1999 382 were opened and read on the 26th day of August. I999, ~nd [t has been determined that the bid of W. C. Stewart Construction Co. of East Dubuque, Illinois in the amount of $106,996.51 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 W. C. Stewart Construction Co. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Voetberg. Motion carried Proofs of Publication ca.ed to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of William M. Black Steamboat Restora~on Project- Phase III and City Manager recommending to award contract for project, presented and read. Robbins moved that the proofs and communication be received and tiled. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 483-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of Juiy, 1999, plans, specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the William M. Black Steamboat Restoration Project - Phase IlL Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest; Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 484-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the William M. Black Steamboat Restoration Project - Phase III pursuant to Resolution No. 430-99 and notice to bidders published in a newspaper ~ublished in the City of Dubuque, Iowa on the 5th day of Augest, 1999. Whereas, said sealed proposals were opened and read on the 26th day of August, 1999, and it has been determined that the bid of Putnam County Painting of Mark, Illinois, in the amount of $87,400.00 was the lowest bid for the furnishings of a~l labor and materials and performing the work as )rovided 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 Putnam County Painting subject to the concurrence of the Iowa Department of Transportation, and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the 383 Regular Session, September 7, 1999 Reso]uflgn. Seconded by Robbins. Motion carried 7-0. Buol moved to reinstate the rules liming discussion to Council. Seconded by Michaiski. Motion carried 7-0. DEFERRED FROM AUGUST 16th MEETING - John Herdg requesfing that sidewalk scheduled to be constructed on the East side of Embassy West Drive to the North from Penn. Ave. be deleted ' from sidewalk project, presented and read. John Herdg spoke giving specifics of his request Voetberg moved that it be resolved that section of Embassy West Dr, be deleted, Staff bring back new assessments and rest of sidewalks go forth as development proceeds. Seconded by Michalski. Carded bythe following vote: Yeas---Duggan, Markham, Michalski, Nicholson, Robbins, Voatberg. Nays--Buo[. City Manager recommending adoption of an Ordinance relaflng to vehicular noise and prohibiting the use of engine brakes; Pe~on containing 139 signatures requesting relief from excessive exhaust noise with use of engine brakes; Wm. KJnsella requesting relief on use of engine brakes; R. Scott Weiser, President of Iowa Motor Truck Assn., requesting that use of engine brakes be allowed to continued to be used, presented and read. Michalski moved that the communications and petition be received and flied. Seconded by Voetberg. Motion carried 7-0. An Ordinance Amending the Code of Ordinances Section 32-118 restricting the use of engine brakes and compression brakes in such a way to cause excessive noise, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 73-99 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTIONS 32-66, 32-57, 32-$8, 32-59, 32-60 AND 32-61 ESTABLISHING MOTOR VEHICLE NOISE LEVELS AND ENACTING A NEW SECTION 32-61, RESTRICTING THE USE OF ENGINE BRAKES AND COMPRESSION BRAKES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by repealing Sections 32-56, 32-57, 32-68, 32-69, 3240 and 32-61. Section 2, That the Code of Ordinances of the City of Dubuque, Iowa, is hereby amended by adopting a new Secflon 32-61, to read as follows: Section 32-51 .F~ Compression Brakes. (a) It shall be unlawful for the ddver of any vehicle to use or operate or cause to be used or operated within the city of Dubuque, Iowa, any engine brake, compression brake or mechanical exhaust device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual or explosive noise from such vehicle. (b) The usage of an engine brake, compression brake or mechanical exhaust device designed to aid in braking or deceleration in such a manner so as to be audible at a distance of three hundred feet (300') from the motor vehicle shall constitute evidence of a prima facie violaflon of this section. Section 3. Thio Ordinance ohall take effect upon publicaflon. Passed, approved and adapted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Published officially in the Telegraph Herald newspaper this 15th day of September, 1999. It 9/15 Mary A. Davis CMC, City Clerk Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior :o the meeflng at which it is to be finally 3assed be suspended and further 'noved final consideration and passage of the Ordinance. Seconded by Voatberg. Motion carried 7-0. City Manager submitting ordinance providing for amendment to the Tax increment Ordinance for the Kerper Boulevard Industrial Park Economic Development District, presented and read. Buol moved that the communication be receN'ed and filed. Seconded by Voetberg. Mofion carried 7-0. An Ordinance Amending Ordinance Reqular Session, September 7, 1999 384 No. 43.94 by ar~ending the Tax Increment Ordinance for the Kerper Boulevard Industrial Park Economic Development District, presented and reed. (OFFICIAL PUBLICATION) ORDINANCE NO. 74-99 AN ORDINANCE AMENDING ORDINANCE NO. 43-94, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE KERPER BOULEVARD INDUSTRIAL PARK ECONOMIC DEVELOPMENT DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CiTY IN CONNECTION WITH APPROVED DEVELOPMENT PROJECTS LOCATED WITHIN SAID URBAN RENEWAL DISTRICT. Whereas, the City Council of the City of Dubuque, Iowa has heretofore, in Ordinance No. 43-94, provided for the division of taxes within the Kerper Boulevard Industrial Park Economic Development District (the "District"), pursuant to Section 403.19 of the Code of Iowa; and Whereas, it has been determined that two sections of Ordinance No. 43- 94 contain omissions that may render the provisions thereof ambiguous in scope or application, that should now be corrected. Now, Therefore, Be tt Ordained by the City Counct of the City of Dubuque, Iowa, that Section 1, Section 1 of Ordinance Number 43-94 is hereby amended to read as follows: Section 1. That the taxes levied on the taxable properb/ in the Kerper Boulevard Industrial Park Economic Development District legally described in the preamble hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School Distd~ and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 2. Section 4 of Ordinance No. 43-94 if hereby amended to read as follows: Section 4. A~I taxes levied and collected upon the taxable property in said Kerper Boulevard Indus~al Park Economic Development District shall be paid into the funds for the respective taxing district as taxes by or for said taxing districts in the same manner as all other property taxes unless or until the total assessed valuation of the taxable property in said Kerper Boulevard Industrial Park Economic Development Distrct exceed the total assessed value of the taxable property in said Distrct as shown on the January 1, 1993 assessment roils. Section 3, Ail ordinances or parts of ordinances in conflict with the ~rovisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to confinue the dMsien of taxes from property within the Kerper Boulevard Indust~al Park Economic Development District under the ~rovisiens of Secton 403.19 of the Code of Iowa, as authorized in Ordinance No. 43-94, and to fully implement the provisions if Secton 403.19 of the Code of. Iowa with respect to the division of taxes from property within the Kerper Boulevard Industrial Park Economic Devalopment Distdct as described above. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall no affect other ~rovisions or applica'don of this Ordinance which shall at ail fimes be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the said District and the territor? contained therein. Section 4, This ordinance shall be in effect after its final passage, approval and publica'~on as provided by law. Passed and approved this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Cerk Published officially in the Telegraph Herald newspaper this 13th day of September, 1999. Maly A. Davis CMC, Cb Clerk It 9/13 Buol moved that the requirement 3R5 Regular Session, September 7, 1999 that a proposed Ordinance be considered and voted on for passage at two Council Meefings pdor to the meeting at which it is to be finaliy passed be suspended and further moved final considerafion and passage of the Ordinance. Seconded by Voatberg. Motion carded 7-0. City Manager recommending approval of Forest Ridge Estates, presented and read. Robbins moved that the communicafion be received and filed: Seconded.by Nicholson. Motion carded 7-0. RESOLUTION NO. 485-99 A RESOLUTION APPROVING THE FINAL PLAT OF FOREST RIDGE ESTATES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a final plat of Forest Ridge Estates in Dubuque County, Iowa; and Whereas, upon said final plat appear street(s) to be known as Forest Ridge Drive and Knollcrest Ddve; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its appreval endorsed thereon, with the waiver of Article IV, D.esign and Improvement Standards of the Subdivision Regulations, except for Seddon 42-19, Lots and Blocks; and Whereas, said final plat has been reviewed by the City Planner and had her appreval endorsed thereon, and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relafing to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec~on 1. That the final plat of Forest Ridge Estates in Dubuque County, Iowa, is hereby approved and the Mayor and City Clerk are hereby authored and directed to endorse the approval of the City of Dubuque, iowa, upon said final plat Section 2. That the City Council hereby waives Article IV, Design and Improvement Standards, except for Section 42-19, Lots and Blocks; of the City SubdMsion Regulations. Passed, approved and adopted this 7th day of September, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adopfion of the Resolufion. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of survey plat of Block 13 Downtown Plaza, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 486-99 RESOLUTION APPROVING THE PLAT OF LOT I AND LOT 2 OF BLOCK 13, DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, Iowa, (the "City") is owner of Block 13 in Dubuque Downtown Plaza in the City of Dubuque, Iowa; and Whereas, the City wishes to dispose of its interest in a portion of said property for the purpose of advancing the objeciJves of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Area and has directed that the attached Plat of Survey of Lot 1 and Lot 2 of Block 13, Dubuque Plaza be prepared to facilitate said disposition; and Whereas, the City Council of City has reviewed said plat and finds that it meets the requirements for property dMsio n. ~ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Plat of Survey of Lot 1 and Lot 2 of Block 13, Dubuque Downtown Plaza in the City of Dubuque, Iowa, is hereby Approved. Sec'don 2. That the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, both as owner and platting authority upon said plat Passed, approved and adopted this 7th day of September, 1999. Terrence M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voatberg moved adopfion of the Resolution. Seconded by Nicholson. Mofion carded 7-0. Mayor Duggan requesting to change start of meefing time of Council meetings to 6:30 P.M. effective December 20, 1999, presented and read. Michalski moved that the communicafion be received and flied Re.qular Session, September 7, 1999 386 and approved request to change the starting time of CoiJncil Meetings to 6:30 P.M. beginning at the meeting of December 20, 1999. Seconded by BuoL Motion carded 7-0. City Clerk advising of retirement effective 1-28-2000 and City Manager submitting a process to fill the posifon, presented and read. Michaiski moved that the communication be motion received and filed and accepted the resignation with regret and agreed with the process. Seconded by Nicholson. Motion carded 7-0. Council Members Report -- Upon consensus it was agreed to set a date for a Special Meeting wfth the AJrport Commissioners. City Manager subm~ng documents providing for construction of Landscaping of the Dubuque Industrial Center West, presented and read. Michaiski moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 487-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS 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 LANDSCAPING OF THE DUBUQUE INDUSTRIAL CENTER WEST, in the estimated amount of $100,000, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption of the Resciution. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 488-99 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 LANDSCAPING OF THE DUBUQUE INDUSTRIAL CENTER WEST. NOW, THEREFORE, BE IT RESOLVED, BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 4th day of October, 1999, a public headng will be held at 7:00 p.m. in the Public Ubrary 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 headng to be pub{ished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not lees than four days nor more than twenty days pdor to the day fixed for its consideration. At the headng, any interested person may appear and objections to the proposed plans, specifications, contract, or estimated cost of the improvement, Passed, approved and adopted this 7th day of September, 1999. Terrence M. Duggan, Mayor Attest: MaryA. Davis, City Clerk MichaiskJ moved adoption of the Resolution. Seconded by BuoL Motion carried 7-0. RESOLUTION NO. 489-99 ORDERING BIDS BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the LANDSCAPIN~ OF THE DUBUQUE INDUSTRIAL CENTER WEST is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the 3revisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the C~ Clerk is hereby directed to adver~se for bids for the construction of the improvements herein provided, to be published in a newspaper having generat circulation in the C~, of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 28th day of September, 1999. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Counc~ for final action at 7:00 p.m. on the 4th day of October, 1999. 387 Regular Session, September 7, 1999 Passed, approved and adopted this 7th day bf September, 1999. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk MichalskJ moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. City Manager subm~ng documents providing for construction of the Florence, Villa, and Mountain Lane Sanitary Sewer Extension project, presented and read. Budi moved that the communication be received and tiled. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 490-99 RESOLUTION SE I lING A DATE FOR A PUBLIC HEARING ON THE INTENT TO COMMENCE A PUBLIC IMPROVEMENT PROJECT TO CONSTRUCT A SANITARY SEWER SYSTEM AND TO ACQUIRE PROPERTY AND EASEMENTS FOR THE SEWER PROJECT Whereas, the City Council is considering commencing a public improvement project to construct a sanitary sewer system on Florence, Villa, and Mountain Lane; and Whereas, in connection with the construction of the sanitary sewer system, it .~{I be necessary for the City to acquire easements for the installation, maintenance, and repair of said sewer;, and Whereas, Iowa Code Chapter 6B requires an opportunity for public input into the consideration of whether or not to proceed with the public improvement project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CFi-'( OF DUBUQUE, IOWA: A public hearing is set for 7:00 p.m. on the 4th day of October, 1999, in the Public Ubrary Auditorium in Dubuque, Iowa on the consideration of the City Council's intent to commence a public improvement project to construct a sanitary sewer system and to acquire property and easements for the sewer project. Passed, adopted and approved this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the resolution, Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 491-99 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 Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project, in the esUmatad amount of $233,707.49, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resdiution. Seconded by Robb[ns. Motion carried 7-0. RESOLUTION NO. 492-99 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 p~ans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project. NOW- THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of October, ~0909, a public heating will be held at · p.m. in the Public Library Auditorium at which time interested )ersons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circdiation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 7th day of September, 1999· Torrance M. Duggan, Mayor Regular Session, September 7, 1999 388 Attest: Mary A. Davis, Cb Clerk Buol moved a;dopfion of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 493-99 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the pisns, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the Cb Council, for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Cb Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objeddons to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the Cb Clerk. That the cost and expense of making such improvement will .be assessed partially or totally against privately owned properly lying with the assessment lim~, and in an amount ~ot to exceed that provided by law, and ~n proportion to the special benefits conferred. The per'don of the cost which shall be borne by the City will be paid from the Fiscal Year 1999 appropriation, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above rssolution was introduced, approved and ordered placed on file with the City Clerk this 7th day of September, 1999. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resoltr~on. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 494-99 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project, and, Whereas, the proposed Resolufion of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of October, 1999, a public headng will be held at 7:1~0 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property ;ubject to assessment for the proposed Improvement or any other pemon having an interest in-the matter may appear and be heard for or against the maldng of the improvement, the boundariss of the dis~ct, the cost. the assessment against any lot, or the final adoption of a resol~on of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circul~on in the City of Dubuque, Iowa, which notice shall be )ubr~shed once each week for two consecutive weeks, the flint publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed rssolurtion have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Maw,A. Davis, City Clerk 389 Regular Session, September 7, 1999 Buol moved adoption of the resolufi6n. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 498-99 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCrL OF THE CiTY OF DUBUQUE, iOWA: That the attached sheets, 1 to 1 inclusNe, are hereby determined to be the schedule of proposed assessments for the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project and the valuafions set out herein are hereby approved. Passed, approved and adopted this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk BuoJ moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 496-99 ORDERING BIDS NOW THEREFORE, BE 1T RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Florence, Villa, end Mountain Lane Sanitary 8ewer E~en$ion Project ia hereby ordered to be adve~ised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the sscufity to acoompeny eech bid ehell be in en amount which ehall conform to the provieione of the notice to bidder8 hereby epproved ss e part of the plane and specifications heretofore adopted. That the City Cterk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be publiehed in a new~paper havin9 general circulation in the City of Dubuque, iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 24th day of September, 1999. Bids shall be opened and read by the City Clerk at said time and wfll be submitted to the Council for final action at 7;00 p.m. on the 4th day of October, 1999. Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resoI~on. Seconded by Robbins. Motion carded 7-0. City Manager submitting documents providing for construction of Curb Modification to the intersection of 21st & Central, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 497-99 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 Curb Modification at 21st & Central Project, in the estimated amount of $26,177.91, are hereby approved and ordered filed in the office of the City Clerk for public inspe~on. Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. RESOLUTION NO. 498-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary appreval on the proposed plans, spec/fications, and form of contract and placed same on file in the office of the City Clerk for public inspe~on of the Curb Modification at 21st & Central Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of September, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specific~ons, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such heating to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which nofice shall be not less than four days Regular Session, nor more than twenty days prior to the day fixed for its consideration. At the headng, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution, Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 499-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Curb Modification at 21st & Central Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to biddem hereby approved as a par[ 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 City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 15th day of September, 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. pn the 20th day of September, 1999. Passed, adopted and approved this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved ado¢on of the Resolution. Seconded by Nicholson. Motion carried 7-0. City Manager submitting documents providing for construction of Maryville Drive to Sarah Street area, presented and read. Robbins moved that the communication be received and filed. Seconded by Voetberg. Motion carried RESOLUTION NO. 500-99 PRELIMINARY APPROVAL OF September 7, 1999 390 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 Sarah Street and Maryville Ddve Storm Sewer Extension Project, in the estimated amount of $71,319.18, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Paesed, adopted and approved this 7th day of September, 1999. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 50%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 tile in the office of the City Clerk for public inspection of the Sarah Street and MaENille Ddve Storm Sewer Extension Project NOW THEREFORE, BE IT RESOLVED BY THE.CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20th day of September, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which time interested )ersons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 7th day of September, 1999. Torrance M. Duggan, Mayor 39 ! Regular Session, September 7, 1999 Attest Mary A~ Davis, City Clerk Robbins moved adop~on of the Resolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 502-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA~ That the Sarah Street and Mary~]le Ddve Storm Sewer F_xtens~on Project is hereby ordered to be advedised for bids for construction. - BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a par[ of the p~ans 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 C~ of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 15th day of September, 1999. Bids shall be opened and read by the City Clerk at said time and 'Mil be submitted to the Counc~ for final action at 7:00 p.m. on the 20th day of September, 1999. Passed, adopted and approved this 7th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A~ Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Voetberg. Motion carded 7-0. At 9:33 P.M., MichaiskJ moved to go into Closed Session In accordance with Chapter 21.5 1,(c) State Code of Iowa, 1999 as amended, To discuss strategy with counsel in matters that are presen~ in I~gation and (j) To discuss the purchase of padicular real estate where premature disclosure could be reasonably expected to increase the pdce the gevernmental body would have to pay for that property. Seconded by Buol. Motion carded 7-0. At 10:40 P.M., Counc~ reconvened Regular Session with statement that Staff had been given preper direction, There being no further business, Nichoison moved to adjourn. Seconded by Robbins. Motion carded 7-0. The meeting adjourned at 10:41 P.M. /s/Mary A. Davis CMC, City Clerk Special Session~ DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, ' Special Session, Wednesday, September 15, 1999 Council Met at 5:00 P.M., Public Library Auditodum. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Niche]son, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counse] Barry A. Lindahl. Mayor Duggan read the call and stated this is a Special Session called for the purpose to set a Hearing to consider disposing of certain Urban Renewal property to Town Clock Plaza Associates, LLC for Titlog, Inc. and ac§rig upon such other business which may propedy come before the Council. City Manager requesting public hearing be set for October 18, 1999 to consider disposing of certain Urban Renewal property to Town Clock Plaza Associates, presented and read. Buol moved that the communication be received and fi[ed and recommenda~don approved. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 503-99 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OFFERING PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2) DETERMINING THAT THE PROPOSAL SUBMITTED BY TOWN CLOCK ASSOCIATES, LLC. SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE DEVELOPMENT AGREEMENT WITH TOWN CLOCK ASSOCIATES, LLC. AND TRILOG, INC, IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City of Dubuque, Iowa, did on November 17, 1997, adopt an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District (the September 15~ 1999 397 "Plan") for the urban renewal area described therein; and Whereas, such Plan provides for, among other things, the dispos~Jon of propefldes for pdvate development purposes as a proposed renewal a~on; and Whereas, Town Clock Associates, LLC. ("Developer") and Trilog, Inc. ("Employer") have subm~ed to the City a specific proposal for the acquisition of certain property hereinafter described for the development of a corporate office, together with the request that this property be made available for disposition as rapidly as possible; and Whereas, in order to establish reasonably competitive bidding )rocedures for disposition of the property in accordance with the statutory requirements of Chapter 403, Code of Iowa 1997 pa~culariy Section 403.8, and to assure that the C~ extends a full and fair opportunity to all developers interested in subm~ng a proposal, a summary of submission requirements and minimum requirements and competitive criteria for the property offedng has been prepared and is attached hereto as Exhibit 'A" and by this reference is m.a.de a part hereof, which sets out the m~nlmum requirements each proposal must satisfy in order to qual~y for consideration wffh respect to the competJ*dve criteria, th~ information and documents which must be' submitted, and the schedule for submission and compe~ive bid-off procedures; and Whereas, said Developer and Employer have tendered a Development Agreement with the C~, attached hereto as Exhibit "B", which proposes the development of a corporate office on this property;, and Whereas, to recognize both the firm proposal for dispos~on of the property already received by the City, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for development of the property, this Council should by this Resolution: 1) Set the Fair Market Value of the parcel as determined by an independent appraiser for uses in accordance with the Urban Renewal Plan; 2) Approve the Guidelines for ::)evelopers for the Downtown Dubuque Jrban Renewal Plan Area for submission of proposals for the ~urchase and development of the property and the minimum 393 Special Session, September 15, 1999 requirements and competitive criteria attached hereto as Exhibit "A"; 3J Approve as to form the Developer's and Employer's proposed Development Agreement attached hereto as Exhibit 4) Set a date for receipt of compefing proposals and the opening thereof; establish a procedure for each proponent to better its proposal and set a cutoff time for such modification; and provide for review of such proposals with recommendations to this Council in accordance with established procedures; 5) Declare that the proposal submitted by Developer and Employer satisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the Development Agreement and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any would be competitors of the opportunity to compete for purchase of the property for development on the terms and conditions set out above; 7} Declare that in the event another qualified proposal is timely subm~ed and accepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law;, and Whereas, this Council believes it is in the best interest of the City and the Plan to act as expeditiously as possible to offer this property for development as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following described property shall be offered for development in accordance with the terms and conditions contained in this Resolution, to wit: Lot 1 of Block 13, Dubuque Downtown Plaza, in the City of Dubuque, Dubuque County, Iowa. Sectien 2. That the Fair Market Value of the property shall be $450,000.00. Section 3. That it is hereby determined that in order to qualify for consideration for selection each Developer must submit a proposal which meets these minimum requirements: a) Contains an agreement to acquire the property at not less than the Fair Market Value for use in accordance with the Plan; b) Is for the development of the property for use by expanding and new businesses in conformance with the Plan and is not for speculative development; c) Includes a construction schedule in which the construction of not less than 100,000 square feet of building space on Lot I of Block 13 is substantially complete within twenty-four (24) months of a closing date; d) Sets out or provides through other means acceptable to the City the proposed developer's expedence in working with other development projects and with construction; and e) Sets out or provides through other means acceptable to the City the experience of the principals and key staff who are directly engaged in performance of contract obligations in carrying out projects of similar scale and characten Section 4. That it is hereby determined that each proposal which satisfies the minimum requirements as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the fo[lowing compe~ve criteria: a) Quality of the proposal anla)~ The overall cost of the project; 2) The types of materials shown for construction of the structure. b) Architectural design of the proposed development _ 1) Compatibility of the design with surrounding structures, vistas, vehicular activities and future development of adjacent property; 2) The functional design of the site, structure and all public spaces; and 3) The aesthetic quality of the development c) Economic feasibirity of the proposed development 1) The economic return to the community provided by the proposed development including, but not limited the property and sales tax the number of jobs provided and the encouragement of similar and related development in the urban renewal district; and 2) The ability of the prospective developer to finance and complete the project as proposed. Section 5. That the proposed Development Agreement by and among the City, Developer and Employer, be and is hereby approved as to form for the purposes hereinafter stated. Section 6. That for the purpose of Special Session, September 15, 1999 394 defining the offering of the property for development, said Development Agreement shall be deemed to be ~ustta~e of the terms acceptable to the City with respect to: a) Purchase pdce; b) Conveyance of property;, c) Required minimum improvements; d) Timing of improvements; e} City pe~cipafion; f) Covenants; g) Events of Default and Remedies; and h} General terms and provisions provided, however, that each compefing proposal and contract shall be permitted to: a) Devise and report its own design for devalopment so long as the minimum requirements set out in F_~(hibit 'A' are met; b) Devise and report its own method and sources of financing, so long as such proposal is sufficient to assure tinandng of the project in a timely manneq and c) Allow taking possession of the property to be delayed for up to slx (§) months after the execufion of the contract No other subsfanEve deviations will be permitted. Section 7. That the proposed Development Agreement submitted by the Developer and Employer sa~sfies the requirements of the offering and, in the event that no other quelified proposals are timely submitted, that the City enter into said Agreement is hereby accepted and approved. Section 8. That it is hereby determined that the Devaloper possesses the quaIifications, financial resources and legal ability necessary'to acquire and develop the property in the manner proposed by this offedng in accordance with the Plan. Section 9. That it is hereby determined that the disposition price for the propedy offered to the Developer shall be in the amount of the Fair Market Value as established by this Council for uses in accordance with the Plan. Section 10. That the City Clerk shall receive and retain for public e~amination the attached Development Agreement submitted by the Developer and Employer and, in the event no other qualified proposals are timely submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice hereinafter prescribed, Section 11, That the action of this Counc~ be considered to be and does hereby constitute notice to all concerned of the intention of this Counc~, in the event that no other quelified proposals are timely submitted, to accept the proposal of the Developer and Employer to acquire and develop the property and to enter into the Development Agreement by and among the City, Developer and Employer. Section 12. That the offficial notice of this offering and of the intent of the City, in the event no other qualified proposels are timely submitted, to enter into said Development Agreement, shalt be a true copy of this Resolution, but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed to secure immediate publication of said official notice in the Talearanh Herald a newspaper having a general circulation in the community, by publication of the text of this Resolution without attachments on or before the 16th day of September, 1999. Section 14. That written proposals for the sale and development of the property will be received by the City Clerk at or before 10:00 a.m., October 18, 1999 in the Office of the City Clerk, located on the flint floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, D~Jbuque, Iowa on October 18, 1999. Said proposals will then be presented to the City Council at 7:00 p.m., October 18, 1999, at a meeting to be bald in the Auditorium of the Carnegie-Stout Public Library, Dubuque, Iowa. Section 15. That such offedng shall be in substantial conformance with the )rovisions of Section 403.8, Code of Iowa, requiring 'reas.onable competitive bidding procedures as are hereby prescribed which method is hereby determined to be the appropriate method for making the Property ava~able for development. Section 16. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 17. That the City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, iowa to receive proposals for the sale of the property at the date and according to the procedure herelnabove specified for receipt of such proposals and to proceed at such time to formally 395 Special Session, September 15, 1999 acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposalwhich satisfies these requirements, the Council shall judge the strength of the proposal by the competitive cdteda established hereinabove. The Council shall then make the final evaluation and selection of the proposals. Section 18. That following receipt of competing proposals, the Developer shall have until 10:00 a.m. on October 25, 1999, to amend its proposal in response and to deliver same to the City Clerk. Section 19. That if, and only if, competing proposals are received and determined by the Council to meet the minimum requirements of this Resolution, and the Developer amends its proposal in response thereto, such Council shall forthwith schedule a meeting within seven (7) days after October 25, 1999, at which meeting there shall be a bid-off, each proposal against the other, seriafim sta~ng with the second proposal received until such time as each proponent for the sale of the property shall decline to improve its bid in response to the last bid ofthe other bidder or bidders. The pedod of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid-off period and shall be absolute. Section 20. That in the event another qualified proposal is timety submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, iowa, to enter into the resulting contract, as required by law. Passed, approved and adopted this 15~ dayofSeptember, 1999. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adopfion of the Resolu~on and further set this matter for public headng on 10/18/99 at 7:00 p.m. in the Public Librery Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Markham. Motion carried 7-0. Council then convened a Joint Session with the Airport Commission - Chair Tom Baldwin, Commission Members: Douglas Brctherton, Paul Fr0mmeit, Rick Goodin, Tom Stanton. Discussion on the proposed Ordinance on reorganization of Airport Commission and request by Commissionem and Air Service Task Fome members was held. The final decision and recommendations will come back at a later Council meeting. There being no further business, Council Member Voetberg moved to adjourn. Seconded by BuoL Motion carded 7-0. The meeting adjourned at 6:24 P.M. /s/Mary A. Davis CMC City Clerk Approved/'~~/ ,1999 Adopted C~ Clerk ~ Reqular Session, September 20, 1999 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular S~ssion, September 20, 1999 Council Met at 7:00 p.m., Public Library Auditorium Present: Mayor Duggan, Council Members Markham, Michalski, Nicholson, Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl. Absent Council Member Buol. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Rev. Charles Packer, Chaplain of Bethany Home. PROCLAMATIONS: Oct. 3 as "Crop Walk Day in Dubuque' received by Bob Kreyer, October 31 as "Tdck or Treat Night" MINUTES SUBMITTED: Carnegie Stout Public Library of 7-29; Community Devalopment Advisory of 7-20; Enterprise Zone Commission of 7-1; Housing Commission of 8-10; Zoning Board of Adjustment of 8-26, presented and read. Voetberg moved that the minutes be received and fi[ed. Seconded by Nicholson. Motion carried Finance Director submitting financial report for month of August, 1999; Proofs of Publication on List of Claims and Summary of Revenues for month ending 6-30-99; and Council minutes for meeting of 8-16, presented and read. Voetberg moved that the communication, report and proofs be received and filed. Seconded by Nlcholson. Motion carried 6-0. NOTICES OF CLAIMS/SUITS: John Beadle in unknown amount for property .damages; Rober~ L & Barbara R. Day in unknown amount for auto and personal damages; George and Mar~lyn Langas in amount of $4,000.00 for backed up sewer damages; John L 396 Manderscheid in est. amt of $475.81 for vehicle damages, presented and read. Voetherg moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Nicholson. Motion carried 6-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Bruce Haylock; Personal injury of Patdala Hogan; Property damage of Lisa K. Klein, presented and read. Voetberg moved that the communications be received and filed. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending settlement of $46.11 for vehicle damage and Finance Director to issue check, presented and read. Voetberg moved that the communication be received and `died and approved recommendation. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending payments of $100.00 be authorized and paid as part of the Sanitary Sewer Backup Assistant Program to: Richard Beecher, Steve Kennedy, Bernice Mahe, Timothy Rahlf, Jane Schroeder, Eldon Thill, Carl Till, Rosalla Willmes, Ruth Metcalf and Pead R. Meyers, presented and read. Voetberg moved that the communications be received and tiled and approved recommendation and Finance Director to issue proper checks. Seconded by Nicholson. Motion carded 6-0. REFUNDS REQUESTED: Angela Mangeno, $75.00 for unexpired Cigarette License for Angie's Pesitively 14th St., presented and read. Voetberg moved that the cemmunication be received and filed and approved refund with Finance Director to issue proper check. Seconded by Nicholsen. Motion carried 6-0. Undo Duehr advising of her resignation from CMc Center Commission effective immediately, ~resented and read. Voetberg moved that the communication be received and `dled and accepted with regret. 'Seconded by Nicholson. Motion carded 6-0. Thom Determan advising of 397 Regular SesSion, September 20, 1999 resignation of Mustafa Ozcan from Human Rights Commission, presented and read. Voetberg moved that the communication be received and filed and accepted with regret. Seconded by Nicholson. Motion carried 6-0. City Manager recommending execution of an amendment to the agreement with the Dubuque Visi~ng Nurse Association to include pilot Health Homes In~ative, presented and read. Voetberg moved that the communication be received and filed and recommendab'on approved. Seconded by Nichelson. Motion carded 6-0. City Manager recommending execution of application to HUD for a Healthy Homes Initiative Grant, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 604-99 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A HEALTHY HOME INITIATIVE GRANT Whereas, the City of Dubuque has operated a local childhood lead poisoning prevention program since 1994; and Whereas, the City received Round 4 lead hazard removal funding, in the amount of $3.69 million; and Whereas, the U.S. Department of Housing and Urban Development has made available additional funds for a healthy homes initiative program, including lead-based paint hazard contrel, lead hazard awareness, healthy homes public education and community outreach, and environmental assessments and treatments to impact a vadety of household health and safety issues; and Whereas, the City of Dubuque proposes a continuation of a primary lead-based paint poisoning prevention and healthy homes initiative program in Census Tracts 1, 2, 5, 6, 7.01 and 7.02 in the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, iOWA: Section 1. That the Mayor is hereby authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for participation in a Healthy Homes Initiative Grant, in the amount of $2,482.100. Section 2. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Development: Passed, approved and adopted this 20th day of September, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Copy of Letter being forwarded to Richard Kautz, Iowa DOT, regarding train speed limits in city limits, ~resented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. CH Manager recommending acceptance of Warranty deeds for right-of-way purchases for the Klingenberg Terrace Retaining Wall Reconstruction Project, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 505-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement With Jason M. and Kerd A. Sindahl, pursuant to which Jason M. and Kerri A. SindahI agreed to convey a part of Lot 2 of 1 of the Subdivision of Lots 138, 140 and 142 of L. H. Langworthy Addition in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Jason M. and Kerri A. Sindahl have executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the CH of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Jason M. and Kerd A. Sindahl, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and Regular Session, acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary,&. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Motion carded 6-0. RESOLUTION NO. 506-99 A RESOLUTION ACCEPTING A CONVEYANCE OF'PROPERTY .ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Agreement with Dubuque County, pursuant to which Dubuque County agreed to convey the South 50' of the West 1/4 of Lot 136 of L H. Langworthy Addition in the City of Dubuque, Iowa; and Whereas, Dubuque County has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the C~ of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from Dubuque County, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, M~yor Attest:. Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 507-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Lois C. Mayne, pursuant to which Lois C. Mayne agreed to convey a part of North Middle 1/4 of Lot 136 of L H. Langworthy Addi'don in the C~ of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Lois C. Mayne has executed a conveyance of said September 20~ 1999 398 ~ property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. The C~ _Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Lois C. Mayne, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behaE of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Torrance M. Duggan, Mayer Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nishoison. Motion carried 6-0. RESOLUTION NO. 508-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Ronald A. Data, pursuant to which RonaJd A. Data agreed to convey a part of Lot 1 of I of the East ~ of Lot 136 of L H. Langwor[hy Addition n the City of ~Dubuque, Iowa, as shown 'on the ~ Acquisition Pist thereof; and J Whereas, Ronald A. Data has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, lowa, hereby approves of, accepts and consents to the Warranty Deed from Ronald A. Data, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, C~ Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6.0. 399 Regular Session, September 20, 1999 RESOLUTION NO. 509-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Roger b Mclntyre, pursuant to which Roger L. Mclntyre agreed to convey a part of Lot 7 of Siege Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Roger L Mclntyre has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Roger L. Mclntyre, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 510-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with William F. Frbburger, pursuant to which William F. Fdeburger agreed to convey a part of Lot 8 of Siege Subdivision in the City of Dubuque, Iowa, as shown on the Acquisiton Plat thereof; and Whereas, William F. Fdeburger has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa; hereby approves of, accepts and consents to the Warranty Deed from William F. Frieburger, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2, The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 511-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisiiton Agreement with Mike Strader pursuant to which Mike Strader agreed tc convey a part of Lot 9 of Siege SubdMsion in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Mike Strader has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Wa?ranty Deed from Mike Strader, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments connection herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 512-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the CK~ of Dubuque entered into an Acquisition Agreement with Charles J. Riniker, pursuant to which Chades J. Riniker agreed to convey parts of Lot 10 and 11 of Siege Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Regular Sess on~ September 20~ 1999 400 Whereas, Chadea J. Riniker has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The C~ Council of the City qf Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Chades J. Riniker, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute ~nd acknowledge on behalf of the City af Dubuque any instruments in connection herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 513-99 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON KLINGENBERG TERRACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an AcquistiJon Agreement with Shannon Feiderman, pursuant to which Shannon Felderman agreed to convey a part of Lot 12 of Siege Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Shannon Felderman has executed a conveyance of said property. NOW THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Shannon Felderman, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in conneclfon herewith. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis; City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. City Manager recommending approval of Project Concern Para- Transit Contract, presented and read. Voetberg moved that the communication be received and tiled and recommendation approved. Seconded by Nicholson. Motion carded 6-0. City Manager recommending to submit Consolidated Annual Performance & Evaluation Report, ~resented and read. Voetberg moved that the communication be received and tiled. Seconded by Nfcholson. Motion carded 6-0. RESOLUTION NO. 514-99 RESOLUTION AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 1998 AND CONCLUDING JUNE 30, 1999. Whereas, the City of Dubuque, lowa, is an entitlement grant recipient under the Community Development Block Grant (CDBG} Program of the U.S. Department of Housing and Urban Development (HUD); and Whereas, the CDBG regulations require that no later than ninety (90) days after the completion ora program year, each entitlement recipient must submit a performance and evalualfon report, Consolidated Annual Performance and Evaluation Report (CAPER); and, Whereas, the City has 1) prepared a CAPER for the program year commencing July 1, 1998 and concluding June 30, 1999; 2) published notice of availability of the CAPER in the Telegraph Herald and in the Dubuque AdvedJser on August 25, 1999; 3) made copies of the CAPER available for public review at the Carnegie Stout Public Library, City HalE, and Housing Services Department; 4) held a public hearing pursuant to published notice before the Community Development Advisory Commission on September 14, 1999; and Whereas, the Community Development Advisory Commission has voted to approve the CAPER and to recommend City Council approval NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Consolidated Annual Performance and Evalua'don Report (CAPER) for the period commencing July 1, 1998 401 Regular Session, September 20, 1999 and concluding June 30, 1999, a copy of which is attached, is hereby approved for submission. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the City of Dubuque, Iowa. Section 3. That the City Manager is hereby authorized and directed to submit the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 20~ day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. City Manager requesting hearings be set for October 4th to assess a civil penalty of $300.00 against several tobacco permittees: Big 10 Mart, 2100 JFK Rd.; Billy Buck's, 521 E. 22nd; Casey's Genera~ Store, 2699 Rockdale; Family Beverage Center, 3400 Central; IOCO Speede Shoppe, 3200 Central; Kalmes Brea~me Bar & Gd[I, 1097 Jackson; Murph's South End Tap, 55 Locust St.; Tobacco Outlet Plus, 806 Wacker Dr.; Wa[green's, 555 JFK Rd.; Wareco, 700 Rhomberg; Yard Arm, 1202 Shires Ext. and 30 day suspension for King of Clubs, 1902 Central Ave., presented and read. Vostberg moved that the communications be received and filed and approved request to set the Hearings. Seconded by Niche[son. Motion carded 6-0. City Manager submitting status report on the Housing Department's montiodng activffJes of vacant buildings, presented and read. Vostberg moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. Copy of Letter sent to City Development Board objecting to the volunta~' and non-consenting annexation as flied by the City of Asbury, presented and mad. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carded City Manager submitting Draft Fiscal Year 2001 Fiscal Guidelines for review and adoption, presented and read. Voetberg moved that the communication be received and tiled and recommendation approved. Seconded by Nicholson. Motion carried RESOLUTION NO. 515-99 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 flied proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "B' BEER PERMIT J & P O'Hara, Inc. Happy Joe's Ice Cream/Pizza + (Sunday Sale) 855 Century Dr CLASS "B"(SPECIAL EVENT) BEER PERMIT Dubuque Jaycees Dubuque Jaycees+(Outdoor Sale) 4 & Bluff St Passed, approved and adopted this 20th day September, 1999. Terrance M. Duggan, Mayor Attest:"Mary A Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6~0. RESOLUTION NO. 516-99 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 ail City Ordinances relevant thereto and they have flied proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authodz, ed to cause to be issued the fo!lowing named applicants a Liquor License. CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Carol Ann Dunlap Carol's PIace+(Sunday Sale) 1689 Elm St Admirals Hi-HSt Admirals Hi-Hat +(Sunday Sale) 253 Main St Reqular Session, September 20, 1999 Richard W Himch Il Fat Tuesday's +(Sunday Sale) 1121 University Ave Angela Mangeno Positively 14th St+ (Sunday Sale) 1401 Elm St P.M.S.T. Inc. Happy's Place +(Sunday Sale) 2323 Rockdale Rd Bierstube Ltd. Europa Haus/Bierstube+ (Sunday Sale) 1301 Rhomberg Ave Lisa Tott/Carol Meyers Tott's Tap (1 day Outdoor Service) 3457 Jackson St Passed, approved and adopted this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resslution. Seconded by Nicholson Motion carded 6-0. BOARDS AND COMMISSIONS: Individual invited to address the Council requesting appointment to Building Code of Appeals - Applicant F. James Koif. No one spoke. APPOINTMENT to Building Code of Appeals: Applicants - Chuck Carr, Steven Gudenkauf, Ronald Jahns. Michalski moved that: Chuck Cart be appointed to the At Large posifon for the unexpired there year term which will expire 8-1-00; Steven J. Gudenkauf be appointed to the At Large posifon for the unexpired three year term which will expire 8-1-02; and Ronald Jahns be reappointed to the Journeyman/ Carpenter position for an unexpired three year term which will expire 8-1- 01. Seconded by Markham. Motion carded 6-0. Voetberg moved that the rules be suspended to allow anyone present to address the Council if they so de,ire. Seconded by Nicholson. Motion carried 6-0. Proofs of publication ceNfied to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of RiveFs Edge Plaza Project and City Manager recommending to award contract for project, presented and read. Voetberg moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion ca.ed 6-0. RESOLUTION NO. 517-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11th day of September, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of 402 Dubuque, Iowa for the River's Edge Plaza Construction. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, .form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary,&. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 518-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractom for the River's Edge Plaza Construction Project pursuant to Resolution No. 460- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 20th day of August, 1999. Whereas, said sealed proposals were opened and read on the 14th day of September, 1999. and it has been determined that the bid of Renaissance 'Construction Corporation of Dubuque, Iowa, in the amount of $478,349.50 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and speci~cations. 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 Construction Corporation, subject to the City obtaining a construction permit from the U.S. Army Corps of Engineers, and, upon said receipt of this permit, the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 403 Regular Session, September 20, 1999 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. Proofs of publicafion certified to by the Publisher on Notice of Hearing on Plans & Specs. and Notice to Bidders on the Receipt of Bids for Construction of Sarah Street and Maryville Dr. Storm Sewer Extension Project and City Manager recommending to award contract for project, and petition containing 18 signatures supporting this project, presented and read. Voetberg moved that the proofs and communications be received and flied. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 519-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of September, 1999, plans, specifications, form of contract and estimated cost Were flied with the City Clerk of Dubuque, Iowa for the Sarah Street and Maryville Drive Storm Sewer Extension Project. Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specificafions, 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 20th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 520-99 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Sarah and Marwille Ddve Storm Sewer Extension Project pursuant to Resolution No. 502-99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of September, 1999. Whereas, said sealed proposals were opened and read onthe 15th day of September, 1999, and it has been determined that the bid of Drew Cook & Sons, Inc. of Dubuque, Iowa, in the amount of $54,509.82 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 Drew Cook & Sons, inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance ofthework. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A: Davis, Cffy Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 6-0. Proofs of publication certified to by the Publisher on Notice of Headng on Plans & Specs. and Notice to Bidders on theReceipt of Bids for Construction of Curb Modifications at 21st & Central Project and City Manager recommending to award contract for project, presented and read. Robbins moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion carried RESOLUTION NO. 521-99 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 1st day of September, 1999, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Curb Modification at 21st & Central Project Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, Re.qular Sess on, September 20, 1999 4O4 specifications, form of contract and estimated cost for 'said improvements for said project. Passed, adopted and approved this 20th day of September 1999. Terrance M. Duggan, Mayor Attest:. Ma~yA: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 522-99 AWARDING CONTRACT Whereas, sea~ed' proposals have been submitted by contractors for the Curb Modification at 21st and Central Project pursuant to Resolution No. 499- 99 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of September, 1999. Whereas, said sealed proposals were opened and read on the 15th day of September, 1999, and it has been determined that the bid of Renaissance Construction Corporation of Dubuque, Iowa, in the amount of $23,767.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Renaissance Construction Corpora~en and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of .said contract and the approval of the contractor's bond, the City Treasurer ia authorized and instructed to return the bid deposits of the unsuccessful biddem. Passed, approved and adopted this 20th day of Septem bet, 1999. Terrance M. Duggan, Mayor Attest MaryA: Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nichdison. Motion carded 6-0. Proofs of publication certified to by the Publisher on No~ce of Hearing on Plans & Specs. and Notce to Bidders on the Receipt of Bids for Construction of Schmitt Harbor Boat Ramp and City Manager advising no bids were received and therefore recommending to proceed w~th project at a later date, presented and read. Voetberg moved that the proofs and communication be received and flied. Seconded by MichalskJ. Motion carried 6-9. RESOLUTION NO. 523-99 RESOLUTION RESCINDING RESOLUTION NO. 455-99 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR THE SCHMITT HARBOR BOAT RAMP PROJECT Whereas, an adve~sement for bids for the Schmitt Harbor Boat Ramp Project was published'on August 20, 1999; and Whereas, no bids w~re received on the project; Whereas, the City Council deems it advisable to abandon the project and re-bid the project with revisions at a later date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 455-99, Preliminary Approval of Plans and Specifications for the Schm~ Harbor Boat Ramp Project, be rescinded and that said project be re-bid at a later date. Passed, adopted and approved this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved~ adoption of the Resolution. Seconded by Michalsk~. Motion carded 6-0. Robbins moved to reinstate the rules limiting the discussion to the Council. Seconded by Markham. Moflon carried 6-0. City Manager submitting Ordinance providing for 30 Mile per hour speed limit on Fremont Ave from Dodge Street to Cedar Cross Road; Communications from Tom McDonald, Mr. & Mrs. Gene Wilson, Colleen Schwers, James & Mary Kay Kleiner and Kathryn Nank agreeing with proposed 30 mph speed limit on Fremont Ave., presented and read. Voetberg moved that the communica~ons be received and flied. Seconded by Markham. Carded bythe following vote: Yeas-Markham, Nicholson, Robbins, Voetberg. Nays- Duggan, Michalski. Absent-Buol. An Ordinance Establishing speed limits on Fremont Ave. from Highway 20 to Cedar Cross Road to be set at 30 miles per hour, presented and read. 405 Regular Session, September 20, 1999 Markham 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 finarly passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Vote on the motion was as follows: Yeas-Markham, Nicholson, Robbins, Voetberg. Nays-Duggan, Michalski. Absent-Buol. MOTION FAILED DUE TO LACK OF 3/4 VOTE. Voetberg then moved that this be considered the first reading of the Ordinance. Seconded by Markham. Carried by the following vote: Yeas- Markham, Nicholson, Robbins, Voetberg. Nays-Duggan, Michalski. Absent-Buo[. Zoning Advisory Commission advising of their approval to amend Subdivision Regulations by reducing City inspection fees from 5% to 3% for public improvements, presented and read. Voetberg moved that the communication be received and flied. Seconded by Nicholson. Motion carded 6-0. An Ordinance Amending Chapter 42, Subdivision Regulations of the City Code of Ordinances by amending Section 42-24(a)(3) pertaining to inspection fees for public improvements, 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 suspen(~ed and further moved that it be set for public heating on 10-4-99 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 Nicholson. Motion carried 6-0. City Manager recommending execution of CEBA Loan Agreement with Tdlog, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 524~99 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT AND PROMISSORY NOTE FOR FIVE HUNDRED THOUSAND DOLLARS ($500,000) WITH TRILOG, INC. Whereas, the Community Economic Betterment Account (CEBA) program has been created by the Iowa Department of Economic Development to assist in the economic development efforts of local jurisdictions; and Whereas, on March 18, 1999, the City of Dubuque, Iowa was awarded a five hundred thousand dollar ($500,000) forgivable loan from the CEBA program by the Iowa Department of Economic Development; and Whereas, the City of Dubuque, Iowa desires to assist Tfilog, Inc. in its efforts to expand its operations in Dubuque and create new, permanent employment opportunities in downtown Dubuque for local citizens; and Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the iowa Department of Economic Development, Trilog, Inc. and the City of Dubuque, iowa. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby author[zed and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement and Promissory Note. Section 2.~ That the City Manager be and he is hereby authorized to disburse loan funds to Tdlog, Inc. from the CEBA program in accordance with the terms and conditions of the executed Agreement. Passed, approved and adopted this 20~" day' of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the resolution. Seconded by Nicholson. Motion carded 6-0. CH Manager recommending approval of Electric Service for Univemity of Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. An Ordinance Approving construction of underground electdc service for University of Dubuque on City right-of-way on Grace and A]gona Streets, presented and read. (OFFICIAL PUBLICATION) Regular Session~ September 20~ 1999 ORDINANCE NO. 75~99 AN ORDINANCE AUTHORIZING THE UNIVERSITY OF DUBUQUE TO CONSTRUCT ELECTPJCAL SERVICE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the University of Dubuque as the owner of the premises known as the University of Dubuque, Dubuque, Iowa, and legalS' described as city public right-of-way (Grace Street and AJgona Street) be and they are hereby granted the 'revocable permit and authority to construct and maintain a electrical service under the terms and conditons set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressed conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said electrical service; and b. Procure and maintain in force during the term of this permit a policy of liabiI~ insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the Cffy of Dubuque, ell sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resuitng from the location, installation, existence, construction or maintenance of said electric service sustained by any person or persons, caused by accident or othe~Mse to defend at its own expense and on behalf of said City any claim against the Ctiy of Dubuque arising out of the location, installation, existence, construction or maintenance of e~ectrical service and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmlees from any and all claims, loss, liability and expense for death and/or injudes to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, construction, maintenance and repair cf the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abu~ng property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said electrical service and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said electrical service at permittees' expense and dispose of the same, and the permittae shall have no claim against the City or its agents for damages resuitng from the removal of said electrical service. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facli~ and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, = personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, _construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to the University of Dubuque when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittaes by acceptance endorsed on this Ordinance. Section 7. Thst the City Clerk be and she is authorized and directed to f[Je at oermfftaes' expense a copy of this ordinance in the Office of the Recorder in and far Dubuque County, Iowa. Passed, approved and adopted this 20th day of Septamber, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis~ City Clerk ACCEPTANCE OF ORDINANCE NO. 75-99 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 75-99, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the 407 Regular Session, September 20, 1999 condigns and agreements therein contaihed to be performed by permittees. By: Tracy A. Wagner Title: Vice President of Finance and Auxiliary Services Dated: 7th day of September, 1999 Published officially in the Telegraph Herald newspaper this 13th day of October, 1999. Mary A. Davis CMC, City Clerk It 10/13 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 6-0. City Manager submitting Ordinances (3) providing for through street and speed limits on Seippel Road and a stop sign, presented and read Voetberg moved that the communication be received and filed. Seconded by Robbins. Motion carded 6-0. An Ordinance Providing for the designation of Seippel Road as a through street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 76-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADDING SEIPPEL ROAD TO SUBSECTION (b) OF SECTION 213 THEREOF PROVIDING FOR THE DESIGNATION OF THROUGH STREETS NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Seippel Road to Subsection (b) of Section 32- 213 thereof as follows: "Sec. 32-213. Through Streets." (b) Seippel Road, from the north right-of- way line of U.S. Highway 20 to the south right-of-way line of Old Highway Road and from the north right-of-way line of Old Highway Road to the northerly City limits. Passed, approved and adopted this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 30th day of September, 1999. Mary A. Davis CMC, City Clerk It 9/30 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 lassed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 6-0. An Ordinance Establishing speed limits on Seippel Road at 35 miles per hour, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 77-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY REVISING SUBSECTION (c} OF SECTION 32-231 · THEREOF PROVIDING FOR THE ESTABLISHMENT OF SPEED LIMITS ON SEIPPEL ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinahces of the City of Dubuque, Iowa be amended by adding the following to Subsection (c) of Section 32-231 thereof as followa: "Sec. 32~231~ L, imits Generally." (c) THIRTY-FIVE (35) MILES PER HOUR Seippel Road, from U.S. Highway 20 to the norfhedy City limits. Passed, approved and adopted this 20th day of September, 1999; Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 30th day of September, 1999. Mary A. Davis CMC, City Clerk It 9/13 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 ~assed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carded 6-0. Reqular Session, An Ordinance Providing for the addition of a Stop Sign at Seippel Road and Old Highway Road, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 78-99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, iOWA BY MODIFYING SUBSECTION {b) OF SECTION 32-214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN AT SEIPPEL ROAD AND OLD HIGHWAY ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Seippe[ Road and Old Highway Road to Subsection (b) of Section 214 thereof as follows: "Sec. 32-214, Stoo Intersectior~." (b) NORTHBOUND Seippel Road and Old Highway Road. Passed, approved and adopted this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 30th day of September, 1999. Mary A. Davis CMC, City Clerk It 9/30 Voetberg moved that the require- ment that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 6-0. City Manager submitting City of Dubuque Urban Deer Management Plan, presented and read. Voetherg moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. An Ordinance Amending Section 33- 7 to allow hunting with bow and arrow of deer by persons licensed by the Iowa Dept. of Natural Resources and issued a permit by the City of Dubuque during a designated hunfing season, presented and read. (OFFICIAL PUBLICATION) September 20~ 1999 4O8 ORDINANCE NO. 79-99 AN ORDINANCE AMENDING SECTION 33*7 OF THE CITY OF DUBUQUE CODE OF ORDINANCES PROHIBITING HUNTING WITH BOW AND ARROW BY ALLOWING HUNTING WITH BOW AND ARROW OF DEER BY PERSONS LICENSED BY THE IOWA DEPARTMENT OF NATURAL RESOURCES AND ISSUED A PERMIT BY THE CITY OF DUBUQUE DURING A DESIGNATED HUNTING SEASON. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 33-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: (a) It shall be unlawful for any ~erson within the corporate limits of the City to use any slingshot of any kind, or to willfully or carelessly throw any stone, stick or other missile in such manner as to hit, injure or endanger any person, or window or other property, or for any person within the corporate limits of the City to hunt with a bow and arrow. (b) Nothing herein shall prohibit the hunting with bow and arrow of deer by persons licensed by and during the period of time authorized by the Iowa Department of Natural Resources and issued a permit by thee City. Section 2. This Ordinan_.ce shall take effect upon publication. Section 3. Paragraph (b) of this Ordinance shall be automatically repealed on January 11, 1999. Passed, approved and adopted this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest: Map/A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of September, 1999. MaryA. Davis CMC, City Clerk It 9/27 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 ~assed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carded 6-0. Zoning Advisory Commission approving amendment to conceptual development plan to permit expansion of the iD Institutional District at 2570 Asbury Road as requested by Eromaus 4-09 Regular Session, September 20, 1999 Bible College/Ron Balmer, presented and re~d. Michalski moved that the communication be received and filed. Seconded by Nichofson. Motion carried 6-0. An Ordinance Providing for the amendment of Ordinance No. 36-93 which adopted regulations for the Emmaus Bible College Ins~utional District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved that the Ordinance be set for Public Hearing on 10-4-99 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 Niche[son. Motion carried 6-0. Zoning Advisery Commission approving text amendment to aIIow a crematorium as an accessory use to a funeral home in R-l, R-3 and R-4 Districts requested by Patrick Leonard, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. An Ordinance Amending Zoning Ordinance by adding a new definition to Section 8 to define Mortuaries/Funeral Homes and add Crematoriums as an accessory use to Mortuaries and Funeral Homes, 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 and further moved that the Ordinance be set for Public Headng on 10-4-99 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 Nicholson. Motion carried 6-0. John & Doris ~vlahan requesting rezoning of their property at Northeast corner of JFK Road and W. 32nd St., and Zoning Advisory Commission submitting their recommendations regarding above rezoning classification, presented and read. Voetberg moved that the communications be received and filed. Seconded by Nicholson. Motion carried 6-0. An Ordinance Amending Zoning Map by reclassifying property located at the Northeast corner of JFK Rd. and West 32nd St. from AG and R-1 Districts to OS, R-l, R-2, R-3 and C-3 and from County Agricuitural to City's R-1 and R- 2, concurrent with Annexation, ~resented and read. Voetberg moved :hat the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved that the Ordinance be set for Public Hearing on 10-4~99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk ~ublish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 6-0. City Manager requesting public hearing be set on October 4, 1999 to consider voluntary annexation for property owned by Kiv[ahan Farms, LC. for approx. 40 acres along Arboretum Drove at NE comer of JFK Rd. and West 32nd St., presented and read. Veetberg moved that the communication be received and filed and recommendation approved setting the Public Hearing on 10-4-99 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 Nicholson. Motion carded 6-0.. City Manager submitting documents providing for construction of Concrete Repairs on North Grandview Ave. at Delhi St. project, presented and read. Voetberg moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 525-99 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 Concrete Repairs on North Grandview at Delhi Project, in the estimated amount of $155,099.19, are hereby approved and ordered fi[ed in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of September, 1999. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Regular Sess on, September 20, 1999 410 Voetberg moved adoption of the Resolution. Secon-ded by Nicholson. Motion carried 6-0. RESOLUTION NO. 526-99 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 tile in the office of the City Clerk for public inspection of the Concrete Repairs on North Grandview at Delhi Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of October, 1999, a public hearing will be held at 7:00 p.m. in the Public Library Auditorium at which 'dme interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general ciroul~on in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day tixed for its consideration. 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 20th day of September, 1999. Torrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adoption of 'the Resolution. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 527-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Concrete Repairs on North Grandview at Delhi Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the 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 adveCdse for bids for the construction of the improvements herein provided, to be published in a new~paper having general circulation in the C~ of Dubuque, iowa, which notice shall not be less than four days nor more than forty-tive days pdor to the receipt of said bids at 2:00 p.m. on the 29th day of September, 1999. Bids shall be opened and read by the C~ Clerk at said time and will be subm~ed to the Council for final action at 7:00 p.m. on the 4th day of October, 1999. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest Mary,&. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. City Manager submit'ring documents providing for construction of Expansion of 5th Street Parking Ramp project, presented and read. Michalski moved that the communication be received and tiled. Seconded by Nicholson. Motion carded 6-0. RESOLUTION NO. 528-99 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, specitications, form~of contract and estimated cost for the Purchase of Precast Concrete Materials for the Expansion of the Fifth Street Ramp, in the estimated amount of $450,000.00 are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest Mary A: Davis, C~ Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 529-99 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the C~ Council of the City of Dubuque, Iowa has given its preliminary appraval on the proposed plans, specifica~ons, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Purchase of Precast Concrete Materials for the Expansion of the Fifth Street Ramp. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL Regular Session, September 20, 1999 OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of October, 1999, a public headng will be held at 7:00 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for its consideration. At the headng, 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 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalsk] moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 530-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Pumhase of Precast Concrete for the Expansion of the Fifth Street Ramp is hereby ordered to be advertised for bids for construction. BE tT FURTHER RESOLVED, that the amount of the secur'r[y to accompany each bid shall be in an amount which shall conform to the provisions of the notice to biddem 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 City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 12th day of October, 1999. Bids shall be opened and read by the C~ Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 18th day of October, 1999. Passed, adopted and approved this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. City Manager requesting public hearing be set for a Special Meeting on Monday, October 25, 1999 at 7:00 P.M. in Conference Room "B", City Hail to consider disposing of property in Dubuque Industrial Center West to Dubuque Area Industrial Development Corp. (DAIDC), presented and read. Voetberg moved that the communication be received and filed and approved the request setting the Public Headng for 10-25-99 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 Markham. Motion carried RESOLUTION NO. 531-99 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, OFFERING PROCEDURES FOR DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2) DETERMINING THAT THE PROPOSAL SUBMITTED BY DUBUQUE AREA INDUSTRIAL DEVELOPMENT CORPORATION (DAIDC) SATISFIES THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF THE CITY TO ENTER INTO THE DEVELOPMENT AGREEMENT WITH DAIDC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING PROPOSALS. Whereas, the City of Dubuque, Iowa, did on November 17, 1997, adopt an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development Disthct (the "Plan") for the urban renewal area described therein; and Whereas, such Plan provides for, among other things, the disposition of properties for private development purposes as a proposed economic development action; and Whereas, DAIDC ("Developer") has submitted to the City a specific proposal for the acquisition of certain property hereinafter described for the development of a speculafive industrial building, together with the request that this property be made available for disposition as rapidly as possible; and Whereas, in order to establish reasonably compe~ve bidding ~recedures for disposition of the Reqular Session, September 20, 1999 property in accordance with the statutory requirements of Chapter 403, Code of Iowa, 1997, particularly Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submission requirements and minimum requirements and competitive criteda for the property offering has been prepared and is attached hereto as Exhibit "A" and by this reference is made a part hereof, which sets out the minimum requirements each proposal must satisfy in order to qualify for consideration with respect to the competitive criteria, the information and documents which must be submitted, and the schedule for submission and compef~ve bid-off procedures; and Whereas, said Developer has tendered a Development Agreement with the CKy, attached hereto as Exhibit "B", which proposes the devalopment of a speculative industrial building on this property; and Whereas, to recognize both the firm proposal for disposition of the property already received by the City, as described above, and to give full and fair opportunity to other developers interested in submitting a proposal for development of the property, this Council should by this Resolu~on: 1) Set the Fair Market Value of the parcel as determined by an independent appraiser for uses in accordance with the Urban Renewal Plan; 2) Approve the Guidelines for Developers for the Dubuque Industrial Center Economic Development Distdct for submission of proposals for.the purchase and development of the property and the minimum requirements and competitive criteda attached hereto as Exhibit "A"; 3) Approve as to form the Developer's proposed Development Agreement attached hereto as Exhibit 4) Set a date for receipt of competing proposals and the opening thereof; establish a procedure for each proponent to better its proposal and set a cutoff fime for such modification; and provide for review of such proposals with recommendations to this Council in accordance with established procedures; 5) Declare that the proposal submitted by Developer safisfies the requirements of the offering, and that in the event no other qualified proposal is timely submitted that the City intends to accept such proposal and enter into the Development Agreement and direct publication of notice of said intent; 6) Approve and direct publication of a notice to advise any would be competitors cf the opportunity to compete for purchase cf the property for development on the terms and conditions set out above; 7) Declare that in the event another qualified proposal is timely submitted and accepted, another and future notice ,Mil be published on the intent of the City to enter into the resulting contract, as required by law;, and Whereas, this Council believes it is in the best interest of the City and the Plan to act as expedifiously as possible to offer this property for development as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the following described property shall be offered for development in accordance with the terms and conditions contained in this Resolution, to wit Lot 1 Dubuque Industrial Center West, in the City of Dubuque, Dubuque County, Iowa. Section 2. That the Fair Market Value of the property shall be $1.50 per square foot of the area of the property. Section 3. That it is hereby determined that in order to qualify for consideration for ~ selection each Developer must submit, a proposal which meets these minimum requirements: a) Contains an agreement to acquire the proper'o/at not less than the Fair Market Value for use in accordance with the Plan; b) Is for the development of the property for use by expanding and new businesses in conformance with the Plan; c) includes a construction schedule in which the construction of not less than 40,000 square feet of building space on Lot 1 Dubuque Industrial Center West is substantially complete within twelve (12) months ora closing date; d) Sets out or provides through other ~means acceptable to the City the proposed developer's experience in workJng with other development projects and with construction; and e) Sets out or provides through other means acceptable to the City the expedence of the principals and key staff who are directly engaged in )erfo.rmance of contract obligations in caring out projects of similar scale and character. 413 Regular Session, September 20, 1999 Section 4. That it is hereby determ~nad that each proposal which satisfies the minimum requirements, as determined by the City, shall be reviewed on the basis of the strength of such proposal as judged by the fol[o,Mng compe~C~ve criteria: a) Quality of the proposal 1) The overall cost of the project; and 2) The types of materials shown for construcfion of the structure. b) Architectural design of the proposed development 1) Compafibility o¢ the design with surrounding structures, vistas, vehicular activifiss and future development of adjacent property; 2) The functional design of the site, structure and all public spaces; and 3) The aesthetic quality of the development. c) Economic feasibility of the proposed development 1)The economic return to the community provided by the proposed development including, but not limited to, the properb/ and sales tax generated, the potential for job creation and the encouragement of similar and related development in the urban renewal district; and 2) The abil~b/ of the prospective developer to finance and complete the project as proposed. Section 5. That the proposed Development .~graement by and between the City and Developer be and is hereby approved as to form for the purposes hereinafter stated. Section 6. That for the purpose of defining the offering of the property for development, said Development Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: a) Purchase price; b) Conveyance of property; c) Required minimum improvements; d) Timing of improvements; e) City pa~cipation; f} Covenants; g) Events of Default and Remedies; and h) General terms and provisions provided, however, that each competing proposal and contract shall be permitted to: a) Devise and report its own design for development so long as the minimum requirements set out in Exhibit 'A" are met; b) Devise and report its own method and sources of financing, so long as such proposal is sufficient to assure financing of the project in a timely manner; and c) Allow taking possession of the property to be delayed for up to sx (6) months after the execution of the contract. No other substantive deviations will be permitted. Section 7. That the proposed Development Agreement submitted by the Developer satisfies the requirements of the offering and, in the event that no other qualified proposals are timely submitted, that the City enter into said Agreement is hereby accepted and approved. Section 8. That it is hereby determined that the Developer possesses the qualifications, financia] resources and legal ability necessary to acquire and devsiop the property in the manner proposed by this offedng in accordance with the Plan. Section 9. That it is hereby determined that the disposi~on price for the property offered to the Developer shall be in the amount of the Fair Market Value as established by this Council for uses in accordance with the Plan. Section 10. Thatthe City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timeiy submitted, shall resubmit the same to this Council for final approval and execution upon expiration of the notice hereinafter prescdbed. Section 11. That the action of this Council be considered to be and does hereby constitute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to acquire and develop the property and to enter into the Development Agreement by and between City and Developer. Sec~on 12. That the o~cial notice of this offedng and of the intent of the City, in the event no other qualified proposals are timely submitted, to enter into said Development Agreement, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 13. That the City Clerk is authorized and directed to secure immediate publication of said ofcial notice in the Telear~[~h Herald a newspaper having a general circulation in the community, by publicafJon of the Regular Session, September 20, 1999 414 text of this Resolution without attachments on or before the 24th day of September, 1999. Secfion 14. That written proposals for the sale and development of the property will be received by the City Clerk at or before 10:00 a.m., October 25, 1999 in the Office of the City Clerk, located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on October 25, 1999. Said proposals will then be presented to the City Council at 7:00 p.m., October 25, 199g, at~e meeting to be held in Conference Room B, City Hall, 50 W. 13th Street, Dubuque, Iowa. Section 15. That such offering shall be in substantial conformance with the provisions of Section ,403.8, Code of Iowa, requiring "reasonable compe~ive bidding procedures" as are hereby prescribed which method is hereby determined to be the appropriate method for making the Property available for development. Secfion 16. That the required documents for the submission of a proposal shall be in substantial conformity with the provisions of this Resolution. Section 17. That the City Clerk is hereby nominated and appointed as the agent of the Cb of Dubuque, Iowa to receive proposals for the sale of the property at the date and according to the procedure hereinabove specifed for receipt of such proposals and to proceed at such time to formally acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the Council; that :[he Cb Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal which satisfies these requirements, the Council shall judge the strength of the proposal by the competitive cdteda established hereinabove. The Council shall then make the final evaluation and selection of the proposals. Section 18. That following receipt of competing proposals, the Developer shall have until 10:00 a.m. or) November 1, 1999, to amend its proposal in response and to deliver same to the City Clerk. Section 19. That if, and only if, competing proposals are received and determined by the Council to meet the minimum requirements of this Resolution, and the Developer amends its proposal in response thereto, such Council shall forthwith schedule a meeting within seven (7) days after November 1, 1999, at which meeting there shall be a bid-off, each proposal against the other, seriatim starting with the second proposal received until such time as each proponent for the sale of the property shall decline to improve its bid in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall not be in excess of three consecutive hours on said date. The rules of such bid-off shall be as informally determined by the Council at or before such bid-off period and shall be absolute. Section 20. That in the event another qualified proposal is timely submitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa, to enter into the resulting csntract, as required by law. Passed, approved and adopted this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest: MaryA. D~vis, Cb Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carried 6-0. City Manager subm~ng documents providing for construction of Widening of Pennsylvania Ave. at Northwest Arterial project, presented and read. Robbins moved that the communication be received and filed. Seconded by N[cholson. Motion carried 6-0. RESOLUTION NO. 532-99 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 Widening of Pennsylvania Avenue at the Northwest Arterial Project, in the estimated amount of $93,195.22, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, adopted and approved this 20th day of September, 1999. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Regular Session, September 20, 1999 RESOLUTION NO. 533-99 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 Widening of Pennsylvania Avenue at. the Northwest Artedal Project NOW THEREFORE, BE IT RESOLVED BY THE.CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; That on the 4th day of October, 1999, a public headng will be held at 7:00 p.m. in the Public Library Audtiodum at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day fixed for tis consideration. 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 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. - RESOLUTION NO. 534-99 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Widening of Pennsylvania Avenue at the Northwest Artedal Project is hereby ordered to be advertised for bids for construddon. 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 plane 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 City of Dubuque, Iowa, which notice shall not be [ess than four days nor more than for~,-five days prior to the receipt of said bids at 2:00 p.m. on the 29th day of September, 1999. Bids shall be opened and read by the City Clerk at said time and wifi be submitted to the Council for final action at 7:00 p.m. on the 4th day of October, 1999. Passed, adopted and approved this 20th day of September, 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. City Manager requesting public headng be set for October 18th to consider an amendment to the Fiscal Year 2000 budget, presented and read. Michalski moved that the communication be received and filed and request approved to set Hearing for 10-18-99 at 7:00 p.m. in the Public Library Audtiorium and that the City Clerk publish notice in the manner )rescdbed by law. Seconded by Voetberg. Motion carded 6-0. RESOLUTION NO, 635-99 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2000 BUDGET AND DATE OF PUBLIC HEARING Whereas,- it is proposed that the City of Dubuque amend its Fiscal Year 2000 budget; and Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of Sept, 1999. Terrance M. Duggan, Mayor Attest: M~ryA. Davis, City Clerk Michalski moved adoption of the Resolution and set the date for public headng to be 10-18-99 at 7:00 p.m. in the Public Library Auditorium. Seconded byVoetberg. Motion carded 6-0. At 8:16 P.M. Voetberg moved to go into Closed Session In accordance with Chapter 21.5 1.(j) State Code of Rec~ular Session, September 20,~1999 Iowa, 1999 as amended, To discuss the purchase cf particular real estate where premature disclosure coutd be reasonably expected to increase the pdce the governmental body would have to pay for that property and (c} To discuss strategy with Counsel in mat~ers that are presently in I~gaiton. Seconded by Nicholson. Motion carried 6-0. At 8:53 P.M. Council recenvened Regular Session stating that Staff had been given proper direction. There being no further business, Nicholson moved to adjourn. Seconded by Markham. Motion carried 8-0. Council adjourned at 8:54 P.M. /'si Mary A. Davis CMC C~ Clerk Ap p rove d ,~¢/~¢~,'~/, 1999 ~ C dncil ~embers - '.~ 416