Loading...
1998 September Council ProceedingsReqular Session, September 8, 1998 308 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, Tuesday, September 8, 1998. Council Met at 7:00 p.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicheison, Robbins, Voetberg, C~ Manager Michael Van Mi[ligen Corporation Counsel Barry A. Lindah]. Mayor Duggan reed 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. Bob Weinhold, Pastor of St. Paul Lutheran Church. PROCLAMATIONS: Sept. 7-13 as 'Union Label Week;" Sept. 11-13 as 'International Dragonboat Festival" received by Steve Neyens, Chuck Thiil, and Randy Purcell; Sept. 19 as "End of the Summer Bash '98 Day" received by · Andrea Shireman; Sept. 30 as "Dubuque Discusses Social Security Day' received by Jack Butler and Bob Boozer, Mayor Duggan swore in Roy Buol as Mayor Pre-Tom. MINUTES SUBMITTED: Bunker Hill Building Subcommittee of 8-19; Environmental Stewardship Advisory Commission of 7-7; Five Flags Commission of 8-17; Histodc Preservation Commission of 6-30; Housing Commission of 8-11; Human Rights Commission of 6-8; Park & Recreation Commission of 8-11; presented and read. Voetberg moved that the minutes be received and tiled. Seconded by Markham, Motion carried Proofs of Publication on Notice of Finding of No Signiticent Impact and Notice of intent to request release of funds for Wm. Black Handicap Accaseibility Project; Printing of Council Proceedings for meeting of 8-3, presented and read. Veetberg moved that the proofs be received and tiled. Seconded by Markham. Motion carried 7-0. Pdnted Council Proceedings for month of July, 1998, presented for approval Veetberg moved that the proceedings be approved as printed. Seconded by Markham. Motion carded NOTICES OF CLAIMS/SUITS -- Jana Cavanaugh in amount of $1,545.94 for vehicle damages; Dupaco Community Credit Union advising of voluntary foreclosure for property in "Cox's Addition'; Timothy Gillenwater in unknown amount for vehicle damages and personal injudss; Courthey Krueer by mother Lisa Kruser, in unknown amount for persona[ injures; Steve MacDonald in amount of $1,277.50 for vehicle damages; Iowa Concrete Products Co., Inc. in amount of $36,718.40 plus accruing interest for supplies and labor furnished at Dubuque Industrial Center, South Site Grading Project (Sub- contracted by Sproule Construction Co.); Warren L. Meichert in est. amt. of $1,358.76 for vehicle damages; Sproule Construction Co. vs. C~ of Dubuque regarding excavation contract for Dubuque Technology Park; Matthew Trsnel (2 claims) in total amount of $599.31 for vehicle damages; Clifford F. Traanor in amount of $155.24 for tire damage; David Vierte[ in approx, amount of $5000 for backed up sewer damages, presented and read. Veetherg moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Moiton carried 7-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pooti Car damage of Pat Feiderman; Personal injury of Mary E. Kalloway; Personal injury of Mark A~ Prier, presented and read, Veetberg moved that the communication be received and tiled. Seconded by Markham. Motion carriedT-0. Corporation Couneel recommending se~ement of vehicle damage cleim of James & Jodi Mil{ius in amount of $163,71 and Finance Officer to issue check, presented and read. Veetberg 309 Regular Session, September 8, 1998 moved that the communication be received and tiled and approved the recommendation. Seconded by Markham. Motion carried 7-0. REFUNDS REQUESTED -- Kahn Family Enterprises, Inc., $422.50 or unexpired Liquor License; Sandi Michel $56.25 on unexpired Class 'C" Beer Permit, presented and read. Vdetberg moved that the rec!uest be received and filed and approved the refund with Finance Director to issue proper check. Seconded byMarkham. Motion carried 7-0. DNR submitting Industrial Pretreatmem Audit Inspection repot[, presented and rend. Voetberg moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. City of Asbury advising of voluntary annexation of property lying west of the City's corporate limits, presented and read. Voetberg moved that the communication Be received and filed. Seconded by Markham. Motion carded 7-0 Steven Clarke expressing his appreciation for being allowed to work with the Human Rights Department this summer, presented and read. Vostberg moved that the communication be received and filed. Seconded by' Markham. Motion carried 7-0. City Manager recommending amendment lo Resolution No. 1-97 providing for change of proper property owner, presented and read. Voetberg moved that the communication be received and tiled Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 365-98 RESOLUTION AMENDING RESOLUTION NO. 1-97 RE- APPROVING THE FINAL PLAT OF SUNNYSLOPE ESTATES PHASE 4, BEING A SUBDIVISION OF LOT W, IN THE CITY OF DUBUQUE. IOWA. Whereas ~ere has been tiled with the City Clerk a final plat of Sunnysfope Estates Phase 4. the final plat of Lot 5 of Block 12, Lots 12-22 inclusive, of Block 16. Lots 1-22 inclusive, of Block 17, Lots 1-18 inclusive, of Block 18, Lot 9 of Block 19, and Lots X, Y, Z and AA of Sunnyslope Estates, befng a subdMsion of Lot W of Sunnys~ope Estates in the City of Dubuque, Iowa; and Whereas. the City Council on January 6, 1997. re-approved this final plat by Resolution No. 1-97; and Whereas, Kenneth J. Moore on January 10, 1997 accepted Resolution No. 1-97 on behalf of Moore Development, Ltd. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That Resolution No. 1-97 is hereby amended to amend all references to Kenneth Moore to 'dad Moore Development, Ltd. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the ResolutioN. Seconded by Markham. Motion carried 7-0. Proof of publication ceCJfied To by the Publishers on Notice to Bidders of the receipt of bids for Construction of 1998 Sidewalk Assessments - Penn. Ave. from Vizaleea to Embassy West and City Manager recommending to award comrec~ for urojest, presented and read. Voetberg moved that the proof and communication be received End filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 366-98 AWARDING CONTRACT Whereas. sealed proposals have been submitted by con[rac~ore for the 1998 Sidewalk Assessments Pennsylvania Avenue from Vizaleea to Embassy West Drive pursuant to Resolution No. 327-98 and notice to bidders published n ~ newspaper published in the City of Dubuque, iowa on the 7th day of August, 1998. Whereas, said sealed proposals were opened and read on the 20th day of August, 1998 and it has been determined that the bid of KJuck Construction. Inc. of Dubuque, Iowa, in the amount of $46,818.96 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 Kluck Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Reqular Session, 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 8th day of September, 1998. Terrance M. Duggan, Mayor Attest Ma~y A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. City Manager recommending acceptance of Cudis and State Street Storm Sewer Reconstruction, presented and read. Voatberg moved that the communica~on be received and tiled. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 367-98 ACCEPTING IMPROVEMENT Whereas, the contract for the CuFds and State Street Storm Sewer Reconstruction has been completed and the City Manager has examined the work and tiled his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe 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 Local Opdon Sales Tax Funds in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, appreved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Voetberg moved adopdcn of the Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 368-98 FINAL ESTIMATE Whereas, the contract for the Curtis and State Street Storm Sewer Reconstruction has been completed and the Cffy Engineer has submitted his final estimate showing the cost 310 thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said Improvement is hereby determined to be 45,982.61 and the said amount shall be paid from Local Option Sa]es Tax Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 8th day of September, 1998. Terrence M. Duggan, Mayor At,est: Mary,&. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. City Manager requesting Mayor be authorized to execute a grant application the Four Mounds Foundation is submitting to the State Histodc Site Preservafion Program, ~resented and read. Voatberg moved that the communication be received and tiled. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 369-98 RESOLUTION TO AUTHORIZE MAYOR TO SIGN GRANT APPLICATION OF FOUR MOUNDS FOUNDATION TO THE STATE HISTORIC SITE PRESERVATION PROGRAM Whereas, the Four Mounds Foundation is interested in renovating the Gray House and White House in Four Mounds Park, including: boiler replacement, installing air conditioning, plumbing work and piaster repair at a total coat of $166,300; and Whereas, State Historic Site Preservation Program funds are sought to provide financial assistance for completion of this renovation work; and Whereas, the City of Dubuque is the owner of the property and required to sign the application of the Four Mounds Foundation. - NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign the grant application of the Four Mounds Foundation to the State Histodc Site Preservation Program for renovation work described above at Four Mounds Park. Passed, approved and adopted this 8th day of September, 1998. Terrenca M. Duggan, Mayor Attest: MaryA: Davis, CityClerk Voetberg moved adoption of the 311 Regular Session, September 8, 1998 Resolution. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of a grant request to the State Histodc Site Praservafion Program for renovation projects at the Five Flags Theater. presented and read. Voetberg moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 370-98 RESOLUTION TO APPROVE GRANT APPLICATION FOR STATE HISTORIC SITE PRESERVATION PROGRAM FOR FIVE FLAGS THEATER RENOVATION Whereas. the City of Dubuque is interested in renovafing the historic Five Flags Theater including: window replacement, repair/refinish stage fioor~ rebuilt public toilets, replace Fourth Street exit doom, replace Main Street entry doom, replace/refurbish theater seats, piaster repair, and paint the intedor at a total cost of $415,950; and Whereas, State Histodc Site Preservation Program funds are sought to provide financial assistance for complefion of this renovafion work. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the project described above be authorized. Section 2. Thatthe CH of Dubuque makes application to the State Histodc Site Preservation Program in the amount of $200,000 in behalf of said City of Dubuque. Section 3. ThattheCityofDubuque certifies to the following: 1. That it is in complete accora with the attached proposal and that it will carry out the renovation in the manner deesdbed in the proposal. 2. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of saic City of Dubuque for public use. 3 That it will maintain adequate financial records on the proposed project To substantiate claims for cost- sharing. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan,.Mayor Attest: Mary A: Davis, City Clerk Voetherg moved adoction of the Resolution Seconded by Markham. Motion carded 7-0. C~ Manager recommending approval of Fiscal Year 1998 Street Finance Report, presented and read Voetberg moved that the communication be received and filed. Seconded by Markham. Motion carried RESOLUTION NO. 371-98 RESOLUTION APPROVING THE CITY OF DUBUQUE FISCAL YEAR 1998 STREET FINANCE REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the Street Finance Report for the period July 1, 1997 to June 30, 1998 be and the same is hereby approved and that the City Clerk is hereby authorized and directed re file said report with the owa Department of Transportation. Passed, approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded 7-0. City Manager recommending submittal of RISE application for Data Court / Dubuque Technology Park presented and read. Voetberg moved that the communication be received and filed. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 372-98 A RESOLUTION ENDORSING THE SUBMISSION OF AN IMMEDIATE OPPORTUNITY REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANS- PORTATION TO CONSTRUCT DATA COURT IN .;THE DUBUQUE TECHNOLOGY PARK, - WHEREAS, the City of Dubuque believes that it must respond to immediate opportunities for economic developmen~ with adequate public infrastructure n order to retain and attract new job creating businesses and industhes to this community; and WHEREAS, the City of Dubuque has purchased and developed 122 acres of ndustfia[ development land at the southeast corner of the intersection of U.S. Highway61/151 and Lake Eleanor Road recentiy named the Dubuque Technology Park; and WHEREAS, the construction of a new roadway within the Dubuque RePular Session, septembe~:~8; 1998 .. 3] 2 Technology Park will respond to the immediate need of a local company to expand in Dubuque, providing new jobs and investment in the community; and WHEREAS, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) program's Immediate Opportunity Project Funding, has monies available for the development of public readwa .ys to support current economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the [owa Department of Trensportafion for RISE funding to construct Data Court in the Dubuque Technology Park and commits to providing at least 20 percent financial partJcipafion in the RISE project in add~on to fully funding the completion of Data Court. Se~en 2. That the Cb hereby certifies that an immediate, nonspeculafive opportunity exists for permanent job creation through the expansion of Advanced Data-Corem, a local company, with whom the Cb is currently negotiating the sale of two development Iota in the Dubuque Technology Park. Section 3. That the City requires RISE assistance to build this roadway to serve Advanced Data-Comm's 1998- 99 development schedule due to insufficient roadway improvement funding in the City's current tiscai year budget for this project which would delay the City's ability to provide necessary access to the particular property selected by the company for their expansion. Section 4. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use. Section 5. Thatthe City of Dubuque hereby assumes responsibility for and ongoing maintenance of - these improvements and ensures that they will be adequately maintained in the future. Section 6. That the City Manager is authorized to sign, on behalf of the City Council, the application for RISE funding. Passed, approved and adopted this 8th day of September, 1998. Terrence M. Duggan, Mayor Attest: Map/A: Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. City Manager recommending to file CEBA application on behalf of Dubuque Data Services, presented and read. Voetherg moved that the communication be received and filed. Seconded by Markham. Motion carded RESOLUTION NO. 373-98 A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) APPLICATION ON BEHALF OF DUBUQUE DATA SERVICES. Whereas, Dubuque Data Services, a local computer software development company, has proposed the expansion of its ex[sting operations; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation Of jobs for area residents; and Whereas, the Iowa Deportment of Economic Devaiopment's Community Economic Betterment Account (CEBA) was designed to assist in the economic development efforts of local judsdicfiens; and Whereas, the City of Dubuque Iowa is eligible to apply for funding from the Community Economic Betterment Account program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for paCdcipafion in the Iowa Community Economic Betterment Account pmgrem on bf~haif of Dubuque Data Services is approved. Section 2. That the local match as identified in the application is hereby approved. Se~on 3. That the Mayor is hereby authorized and directed to execute and submit said application to the State of Iowa Economic Development Commission together with such documents as may be required. Passed, approved, and adopted this 8th day of September, 1998. Terrence M. Duggen, Mayor Attest: Ma~y A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham. Motion carded %0. City Manager recommending approval of agreement regarding reimbursement of costs for grading a Regular Session, September 8, 1998 site proposal for purcnase by Advancec Data Comm. [nc.. presented and read. Voetberg moved that the communication be received and tiled Seconded by Markham. Motion carried City Manager recommending issuance of request for Proposal [or Care Management of police & fire job related injuPJ claims, presented and read. Voetberg moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of Coaperative Agreement with iowa Civil Rights Commission, presented and reao. Voatberg moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carded 7-0. TCI Cablevision of Dubuque, Inc. advising of their intent to merge with AT&T and requesting consent that may be required by the franchise or applicable law, presented and read. Voetberg moved that the notice be referred to the City Manager. Seconded by Markham. Motion carded 7-0. City Manager recommending approval of license agreemem with Seneca Environment Services to install monitoring wells, presented and read. Voetberg moved that the communication be received and filed_ Seconded by Markham. ~,lotion carded 7-0. RESOLUTION NO. 374-98 RESOLUTION AUTHORIZING LICENSE AGREEMENT BETWEEN THE CiTY OF DUBUQUE AND SENECA ENVIRONMENTAL SERVICES TO INSTALL MONITORING WELLS ON PUBLIC RIGHT-OF-WAY AT 801 JACKSON STREET Whereas, Seneca EnvironmerdaJ Services on behalf of the Wilmac Properties have requested permission from the City of Dubuque to install monitoring wells on City right-of-way at 801 Jackson Street in Dubuque, Iowa for the purpose of assessing current groundwater conditions at ana surrounding the property; and Whereas. the License Agreement Right-of-Entry for Site Assessment has been prepared outlining the responsfbifities of Seneca Environmenta; Services. and [he Wilmac Procerties in the installation of the monitoring wells on public right-of- way; and Whereas, the performance of the activities of Seneca Environmental Services. will be at no cost or expense to the City, and all work will be performed by the Licensee or its empoyees, agents or subcontractors; and Whereas, it is the desire of the City Council to enter into said License Agreement for the inatafiatior of monitoring wells in the public right-of- way as requested. NOW, THEREFORE. BE iT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on I The License Agreement for Right-of-Entry for Site Assessment be and the same is hereby approved. Sec'don 2. That the Mayor be and is hereby, authorized to execute said Ucense Agreement for and on behalf of the City Council. Passed, approved and adopted this 8th day of September, 1998, Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Markham Motion carded 7-0. City Manager recommending approval of Council Member Dan Nichdison be voting delegate at Iowa League of Cities, presented and teac. Voetberg moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carded City Manager responding to c~zens concerns regarding Zoning Ordinance and installation and repair of sidewalks. presented and read. Voatberg moved that the communicatien be received and filed. Seconded by Markham. Melton carded 7-0. RESOLUTION NO. 375-98 Whereas. applications for Beer Permits have been submitted and filed to this Council for approval anc the same have been examined and approved; and Whereas, the premises [o be occupied by such applicants were · inspected and found to comply with the Reqular Session, Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "C' BEER PERMIT The Monday Co Caseys General Store+(Sunday Sale) 4003 Peru Rd Dennis A. Atthaus Family Mart Inc. +(Sunday Sale) 3201 Central Ave Mulgrew Oil Co Asbu~y AMOCO Foodshop + (Sunday Sale) 3300 Asbury Rd Passed, approved an8 adopted this 8th day of September. 1998. Terrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Voatberg moved adop~on of the Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 376-98 Whereas, applk;ations 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 applicaats were respected and found to comply with the State Laws and ali City Ordinances relevant thereto and they have tiled proper bonds. NOW, THEREFORE. BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thai the Manager be author[zed to cause to be issued the following named applicants a Liquor License. CLASS"C" (COMMERCIAL) BEER/LIQUOR LICENSE Argot, Inc. LaMesa Mexican Restr+(SundaySale) 2700 DodgeSt Eagle Point Assoc Tollbddge Inn +(Sunday Sale} 2800 RhombergAve Passed, approved and adopted this 8th day af September, 1998. Torrance M. Duggaa, Mayor Attest: Mary A. Davis, City Clerk Voatberg moved adoption of the :~esolufion. Seconded by Markham. Motion carded 7-0. BOARDS AND COMMISSIONS: Individuals are invited to address the Council to express their desire [o serve on vanous Boards/Cemmiss~ons. AIRPORT COMMISSION: Applicants: R. J. Blocker, Rick C. Goodin, David R. Hartman, Thomas F. McMahon, James C. WachteL David S~p~b~t 8i 1S98 3Z4 Hartman, R. J. Blocker, and Rick Goodin all spoke. HOUSING ADVISORY TRUST FUND COMMITTEE: Applicant - John V. Walsh. No one spoke. HUMAN RIGHTS COMMISSION: Applicants - Rev. Kris Kincald, Marry O'Shea, Katherine V. Stevens. No one spoke. Michalski moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Buol. Motion carried 7-0. Proof of publication cariJfied to by the Publishem on Notice of Hearing on Plans & Specs. for Construction of 1997 Curb Ramps-Sidewalk Inspection Route, presented and read. Bual moved that the proof be received and flied. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 377-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas: on the 29th day of July, 1998, plans, specifications, form of contract and estimated cost were flied with the City Clerk of Dubuque, Iowa for the 1997 Curb Ramps - Sidewalk Inspection Route. Whereas: notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications: form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project Passed, adopted and approved this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the Publishers on Notice to Biddem of Receipt of Bids for project and City Manager recommending to award contract for bids. presented and read Bual moved that the proof and communica~Joc be received and tiled. Seconded by Robbins. Motion carded 315 Regular Session, September 8, 1998 RESOLUTION NO. 378-98 AWARDING CONTRACT Whereas sealed ~reposals have bee~ submitted by contractors for the Curb Ramps 1997 Sidewalk Inspection Route pursuant to Resolution No. 345-98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of August, 1998. Whereas, said sealed proposals were opened and read on the 20th day of August 1998 and it has been determined that the bid of Renaissance Corporation of Dubuque, Iowa, in the amount of $76,181.00 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, OWA: That the contract for the above imorevemem be awarded to Renaissance Corporation and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete Derformanca 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 unsuccesstu[ bidders. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Proof of publication certified [o by the Publishers on Notice of Hearing on Plans & Saecs. for Construction of Washington Street from 14th to 30th Street Curb Rams Installation presented and read. Voetber9 moved that the proof be received and tiled Seconded by Nicholson. Motioc carried 7-0. RESOLUTION NO. 379-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 2gti' day of July, 1998 plans specifications, form of contract and estimated cost were tiled with the City Clerk of Dubuque, Iowa for the Washington Street from 14th to 30th Street Curb Ramp Installation. Whereas, notice of hearing on plans, specifications, form of cataract, and estimated cost was published as reouired by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the said plans, specifications, form of cantract and estimated cost are hereby approved as the plans, specifications, form of conT:ract and estimated cost for said improvements [or said project Passed, adopted and approved this 8th day of September, 1998 Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Proof of publication certitied to by the Publishers on Notice to Bidders of Receipt of Bids for project and City Manager recommending to award contract for bids, presented and read. Voetberg moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 380-98 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Curb Ramps on Washington Streei from 14th to 30th Street pursuant to Resolution No. 348-98 and notice to bidders published in s newspaper published in the City of Dubuque, Iowa on the 7th day of August, 1998_ Whereas, said sea[ed proposals were opened and read on the 20th day of August, 1998 and ~t has been determined that the bid of Renaissance Corporation of Dubuque, Iowa in the amount of $42,407.50 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 improvemem be awarded to Renaissance Corporation and 'the Manager be and is hereby directed to execute a contract on behalf of the City of Dubueue for the complete ~efformance of the work BE IT FURTHER RESOLVED: Reqular Session, 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 biddem. Paesed; approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nicholson. Motion carded 7-0. Proof of publication certified to by the Publishers on Notice of Headng on Plans & Specs. for Construction of Storm Sewer Medications on Clarke Ddve, presented and read. Voetberg moved that the communication be received and tiled. Seconded by Michalsld. Motion carded 7-0. RESOLUTION NO. 381-98 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 29th day of July 1998, plans, specifies~ons, form of contract and estimated cost were tiled with the City Clerk of Dubuque, iowa for the Storm Sewer Modifications on Clarke Ddve. 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 ~lans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated coat for said improvements for said project. Passed, adopted and approved this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg movec adoption of the Resolution. Seconded by Michalsld Motion carried 7-0. Proof of publication cerafied to by the Publishem on Notice to Bidders of Receipt of Bids for project and City Manager recommending to award contract for bids, presented and read. Voetberg moved that the proof and communication be received and tiled. Seconded by Michalski. Motion carded 7-0. RESOLUTION NO. 382-98 AWARDING CONTRACT September 8i 1998 316 Whereas, sealed proposals have been submitted by contractors for the Storm Sewer Modifications on Clarke Drive pursuant to Resolution No. 342- 98 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 14th day of August, 1998. Whereas, said saaled propeaa[s were opened and read on the 25th day of August, 1998 and it has been determined that the bid of Tschiggf~e Excavating of Dubuque, Iowa in the amount of $29,182.00 was the lowest bid for the furnishings of all labor and matadals 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 Tschiggfde Excavating 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 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, tit7 Clerk Voetberg moved adoption of the Resolution. Seconded by Michalski. Motion carded 7-0. Jorja Moore, dba Jorja's Restaurant and Lounge, Inc. appealing denial of Rehab Loan tiled Apdl 10, 1998 and City Manager submitting response to appeal, presented and reao. Jorja Moorespoketothe request. Markham moved that Staff reviewthe application again and if ail other cdteda are met the loan be approved for rnatadals that are code change related= up to $62,000. Seconded by Nichotsan. Carded by the following vote: Ysas---Duggan, Markham, Michalski, '4icholson. Nays--Buol, Robbins, Voetberg. City Manager submitting an Ordinance deleting language requiring Council approval for tireworks displays, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins Motion carded 7-0. 317 Regular Session, September 8, 1998 An Ordinance Amending Section 33-11 of the City Code relating to permits issued by the City Council for Fireworks Displays, presented and recd. Buol moved that this matter be tabled. Seconded by Michalski Motion carded 7-0. City Manager submitting an Ordinance providing for adoption of the 1997 Uniform Fire Code and related ordinance changes, presented and read. Vostberg moved that the communication be received and filed. Seconded by Markham. Motion carriec An Ordinance Amending Chapter 19, of the City Code, Fire Prevention and Protection, by adopting with cer[ain amendments to the Uniform Fire Code, 1997 Edition, presented and read. {OFFICIAL PUBLICATION) ORDINANCE NO. 57-98 AN ORDINANCE AMENDING CHAPTER 19, FIRE PREVENTION AND PROTECTION, OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING, W1TH CERTAIN AMENDMENTS, THE UNIFORM FIRE CODE, 1997 EDITION; AMENDING SECTION 19-9 PROVIDING FOR EXCEPTIONS TO THE PROHIBITION ON OPEN BURNING; AMENDING SECTION 19-22 PROVIDING FOR SERVICE CHARGES; AMENDING SECTION 19-23 PROVIDING FOR A STANDBY FEE FOR FIRE EQUIPMENT OR FIRE PERSONNEL; AMENDING SECTION 19.32 RELATING TO OFFICERS, PERSONNEL; BY ADDING A NEW SECTION. 19.34 REQUIRING PERMITS FOR BLASTING, FIREWORKS AND PYROTECHNICS AND BeN FIRES; BY ADDING A NEW SECTION 19-35 AUTHORIZING THE CHIEF OF THE FIRE DEPARTMENT TO ESTABLISH FEES AND REQUIREMENTS FOR PERMITS ISSUED BY THE BUREAU OF FIRE PREVENTION; BY DELETING SECTION 19-42 RELATING TO OPERATION OF SERVICE STATION DURING UNLOADING OF TANK VEHICLE RESTRICTIONS; BY DELETING SECTION 19-43 PROVIDING HOURS OF UNLOADING TANK VEHICLES RESTRICTIONS; BY AMENDING SECTION 19-51 REQUIRING A LICENSE FOR THE OPERATION OF A SERVICE STATION BY AMENDING SECTION 19-52 PROVIDING FOR THE EXPIRATION AND RENEWAL OF SERVICE STATION LICENSES; BY ADDING A NEW SECTION 19-53 PROVIDING FOR FEES AND REQUIREMENTS FOR SERVICE STATION LICENSES; BY AMENDING SECTION 19-61 REQUIRING A BULK STORAGE TANK LICENSE; BY AMENDING SECTION 19-63 PROVIDING THAT APPLICATIONS FOR A BULK STORAGE TANK LICENSE BE FILED WITH THE CHIEF OF THE FIRE DEPARTMENT; BY ADDING A NEW SECTION 19-63.10 PROVIDING FOR FEES AND REQUIREMENTS FOR BULK STORAGE LICENSES; AND BY AMENDING SECTION 19-64 PROVIDING FOR EXPIRATION AND RENEWAL OF BULK STORAGE LICENSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 19-1 of the Cify of Dubuque Code of Ordinances is amended to read as follows: Section 19-1 Uniform Fire Co~3e - Adopted. (a) Except as hereinafter added to, deleted, modified or amended, the Uniform Fire Code, 1997 edition, as promulgated by the -Intemafional Conference of Building Ofticiais and Western Fire Chiefs Association is hereby adopted by reference in full from the effective date of this section. (b) All provisions of the Uniform Fire Code shall be in effecl within the corporate limits of the city. (c) A copy of the Uniform Fire Code, 1997 editon, shall be on file in the oft'ice of the c~ clerk for public inspection. Section 2. Section 1g-2 of the City of Dubuque Code of Ordinances s amended to read as follows: Section 19-2. Same-Amendments. The code adopted by section 19-1 of this chapter is hereby amended as provided in this section: (a) Section 103.1.3(a) is hereby amended by repealing such section and replacing such section with a new section in lieu thereof as follows: The chief of the bureau of fire prevention shall have power to modify any of the provisions of the code adopted by section 19-1 of this chapter upon application in writing by the owner or essee, or the owners or essee's duly authorized agent, when there are Re.qular Session, September 8i 1998 318 practical d~cuifies in the way of carrying out the stdct letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire prevention bureau thereupon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (b) Section 103.1.4 Board of Appeals, is hereby amended by repesiing such section and replacing such section with a new sesfion in lieu thereof as follows: Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code adopted by section 19-1 of this chapter do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, that applicant, may appeal from the decision of the chief of the fire department to the c'~ council within ten (10) days from the date of the decision appealed. Such appeal to the city council shall be made in w~ng setting forth the decision appealed from and the grounds for such appeal. Section 103.2.2.2 is hereby amended by repealing such section and replacing such sestion wffh a new section in lieu thereof as follows: The chief is authorized to designate a member of the fire department to exercise and perform the duties of the chief of the fire prevention bureau as set forth in this code. The chief of the fire prevention bureau shall be known as the fire marshal. Section 105.8 Permits required, is hereby amended by repealing such se~on and replacing such section with a new section in lieu thereof as follows: It shall be unlawful for any person, firm or corporation to use a building or premises or engage in any activities for which a permit is required by the Code of Ordinances, City of Dubuque, Iowa. (d) Section 1005, Basement Pipe Inlets, is hereby amended by repealing and deleting such section. (e) Section 1102.3 Open burning, is hereby amended by repealing and deleting such section. (0 Appendix l-A, LEe Safety Requirement for Existing Buildings is hereby amended by repealing and deleting such appendix. (g)Appendix l-B, Life Safety High Rise is hereby amended by repealing and deleting such appendix. (h) Append'c( 11 l-D, Basement Pipe Inlets, is hereby amended by repealing and deleting such appendix. (l) Appendix VI-D, Model Citation Program is hereby amended by repealing and deleting such appendix. Section 3. Section 19-3 of the City of Dubuque Code of Ordinances is amended as follews: Section 19-3. Same-Definitions. (a) Section 202-1 of the Uniform Fire Code is amended by repealing the definition of Administrator thereof and by enacting a new definition of Administrator in lieu thereof as follows: Administrator is the dr[y manager of the Cb of Dubuque. (b) Section 211-J of the Uniform Fire Code is amended by repealing the defin~ons of judsdisfion and jurisdicfional area thereof and by enacting new definitions of jurisdiction and jurisdictional area in lieu thereof as follows: Jurisdi~on is the City of Dubuque, Jufiedicfional area is the corporate limits of the City of Dubuque, Iowa, and property of the c'~ located outside the corporate lim~ of the city. Section 4. Section 19-9(c}ofthe City of Dubuque Code of Ordinances is amended to read as follows: Secfion 19-9. Burning restrictions. (c) This section shall not apply to outdoor cooking using charcoal, natural or propane gas as a fuel, nor to small wood fires consistent with Section 1102.4, Recreational fires, of the Uniform Fire Code or bonfire as regulated by this section. Section. 5. Section 19-22 ortho City of Dubuque Code of Ordinances is amended to read as follows: Section 19-22. Service Charges. Persons requesiJng assistance for the following se~cas from the fire department shell be liable for the payment of a fee as established by the Chief of the Fire Department: For opening or gaining entrance to any structure; ~ For the pumping and removal 0~ liquids of any nature from any building or excavation other than liquids deposited in such area as a result of fire fighting activities. Section 6. Section 19-23 ofthe City of Dubuque Code of Ordinances is amended to read as follows: Section 19-23. Standby service. (a) Whenever fire equipment or fire personnel are requested to standby there she be a standby fee set by the 319 Regular Session, September 8, 1998 chief of the fire depar[men~ paid to the city, The fee as set forth above shall be in addition to any fees or charges prescribed for ambulance service in 23- 31 through 23-35 of this Code. SectJea 7. Section 19-32 of the City of Dubuque Code of Ordinances is amended to read as follows: Section 19-32. Officers: Pereormel. The Chief of the Fire Department shall detail all officers and such other members of the fire department as inspectors as shall from time to time be Sec'don 8. The following new Section 19-34 efthe City of Dubuque Code of Ordinances is hereby adopted: Sections 19-34 Permits required. (a) Blasting. ~1o person shall engage in any activity involving blasting with explosives within the city without fimt obtaining a permit from the chief of the fire depar[men~. (b) Fireworks and Pyrotechnics. No 3erson shall engage in any activity involving the use or display of fireworks or pyrotechnics without first obtaining a permit from the chief of the fire department (c) Bonfire. No person shall light and/or conduct a bonfire without first obtaining a aermit from the chief of the fire department Section 9. The following new Section 19-35 of the City of Dubuque Code of Ordinances is hereby aoopted: Section 19-35. Fees and requirements for permits. Fees and requirements for each permit esuec by the bureau ef fire prevention shall be established by the chief of the fire department. Section 10. Section 1942 of the City of Dubucue Code of Ordinances is hereby deleted. Section 11. Section 19~3 of the City of Dubuque Code of Ordinances is hereby deleted Section 12. Section 19-51 of the City of Dubuque Code of Ordinances Is amended to read as follows: Sec'don 19-51. License required. ' No person shall engage in the operation of any service station within the city without first obtaining an annual license therefor from the chief of the fire department. The applicant shall pay a fee therefor as established by the chief. Section 13. Section 19-52 of the City of Dubuque Code of Ordinances is amended to read as follows: The license required by this divisior shall expire on the thi~eth day of June following the issuance thereof and renewal fees for such licenses shall be due July first of each year for the following year and shall become delinquent if unpaid by the tenth day of Juy of each year. A penalty fee shall be added to ali delinquent fees. Section 14. The City of Dubuque Code of Ordinances is amended by adopfing the following new section: Section 19-53. Fees and requirements for cerises. Fees and requirements for ea~ce stafion licenses shall be established by the Chief of the Fire Deoartment. Section 15 Section 19-61 of the City of Dubuque Code of Ordinances is amended to read as follows: No person shall engage in the operation or business of storing, handling, or dispensing of corrosive, flammabia, or combustible liquids, including petroleum gas (LP gas) at any location ',v~hin the city without firsi securing an annual license and paying a fee therefor. Section 16. Section 19-63 of the City of Dubuque Code of Ordinances is amended to read as follows: Section 19-63. Applications. Applications for a license required to be obtained under this division shall be filed with the chief of the fire department. Section 17. The City of Dubuque Code of Ordinances is amended by adopting the following new section: Section 19-63.10. Fees and Requirements. Fees and requirements for bulk storage licenses shall be established by the Chief of the Fire Deportment. Section 18. Section 19-64 of the City of Dubuaue Code of Ordinances is amended to read as follows: Section 19-64. Expiration; renewal The license required by this division shall expire on the thirtieth day of June following the issuance thereof and renewal fees for such licenses shall be due July first of each year for the to[lowing year and shall become dalinauent if unpaid by the tenth day of JUly of each year. A penalty fee shall be added to all delinquent fees. Section 19. This Ordinance shall take effect upon publication. Passed, approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Chgrk Published officially in the Telegraph Herald newspaper this 16th day of September, 1998. Mary A. Davis CMC, Cit7 Clerk Regular Session, It 9/16 Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Councit Meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Markham. Motion carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carded 7-0. City Manager recommending award of Housing Trust Funds to Heartland Housing Initiative (HHI), presented and read. Michalski moved that the communication be received and flied and recommendation approved. Seconded by Markham. Motion carried 7-0. City Manager recommending acceptance of Kerper Boulevard Industhal Park Dredging Contract, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carded 7-0_ RESOLUTION NO. 383-98 ACCEPTING iMPROVEMENT Whereas. the contract for the Kerper Boulevard Industrial Park Grading Project has been comptated and the City Manager has examined the work and filed his cert~cate stafing that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceetanca. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Secfion 1. That the recommen- dation 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 in amount equal to the amount of contract, less any retained percentage provided for therei[}. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, Cfty Clerk Robbins moved adoption of the Resolution. Secondec by Nicholson. Motion carded 7-0, RESOLUTION NO. 384-98 FINAL ESTIMATE Whereas, the contract for the Kerper September 8i 1998 320 Boulevard Industrial Park Grading Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,045,068.05. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager reque~ng Corporation Counsel be authorized to institute condemnation proceedings for Riverwaik Project, and Attorney Brian Kane, on behalf of Plastic Center, Inc. requesting City delay or defer eminent domain proceedings for a pedod of one month, presented and read. Buol moved that the communications be received and filed. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 385-98 A RESOLUTION AUTHORIZING THE CORPORATION COUNSEL TO INSTITUTE AND CONDUCT CONDEMNATION PROCEEDINGS FOR THE RIVERWALK PROJECT. Whereas, the City Council of the City of Dubuque .has determined to construct a public improvement known as the Riverwalk Project, which project requires the City of Dubuque to acquire certain property rights necessary to construct and maintain the improvement; and Whereas, it is neceesar~to institute condemnation proceedings on certain parcels of property to construct the project; and Whereas, Iowa code Chapter 6B authorizes the City to conduct such condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Corporation Counsel of the City of Dubuque is hereby authorized, directed and empowered to instftate and conduct all condemnatio~ proceedings necessary to obtain possession of properly for the construction of the Riverwalk Project on behalf of the City of Dubuque, Iowa. Regular Session, September 8, 1998 Passed. approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attes~ Mary A. Davis, City Clerk Buo[ moved adoption of the resolution. Seconded by Voetberg. Motion carried 7-0. City Manager submMng documents providing for construction of Outdoor Warning Siren System, presented and read ~4ichaJskJ moved that the communication be received and tiled. Seconded byVoetberg. Motion carded 7-0 RESOLUTION NO. 386-98 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 es~mated cost for the Outdoor Warning Siren System in the estimated amoun[ of $260,000.00 are hereby approved and ordered filed in the office of the City Clerk for public inspection_ Passed, adooted and approved this 8th day of September, 1998. Terrsnca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Voatberg. Motion carded 7-0. RESOLUTION NO. 387-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas. the City Council of the City of Dubuque, Iowa has given ~ts preliminary approval on the proposed plans, specifications and form of contracl and placed same on file in the office of the City Clerk for public inspection of the Outdoor Warning Siren System. NOW THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 5th day of October, 1998, a publi? heating will be held at 7:00 p.m. m the. Public Library Auditorium ar which time interested persons may appear and be heard for or against the proposed plans and specifications form of contract and cost of said improvemen[, and the City Clerk be aha is hereby directed to cause a notice of time and :)ace of such hearing to be published in a new~paper 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 headng, any interested person may appear and file objections to the proposec plans, specifications contract or estimated cost of the improvement. Passed, adopted and approved this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalski moved adoptien of the Resolution. Seconded by Voetberg. Motion carded 7-0. RESOLUTION NO. 388-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWAc That the Outdoor Warning System 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 i~ an amount which shall conform ta the provisions of the notice to bidders hereby approved as part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advedJse 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 Ddor to the receipt of said bids at 2:00 p.m. on Monday, September 28, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 5th day of October, 1998. Passed, adoeted and approved this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City C[ed~ Michalski moved adoption of the Resolution. Seconded by Voatberg. Motion carded 7-0. City Manager submitting documents providing for construction of a Six-Bay Garage at Park Maintenance Headquarters, presented and read. Buol moved that the communication be received and f-deal. Seconded by Robblns. Motion carried 7-0. RESOLUTION' NO. 389-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Reqular Session, DUBUQUE, IOWA: That: the proposed plans, specifications, form of contract and estimated cost for the SlX-BAY GARAGE CONSTRUCTION PROJECT, in the eslJmated amount of $88,000, are hereby approved and ordered ified in the office of the City Clerk, for public inspection. Passed, approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Bbol moved adoption of the resolufion. Seconded by Robbies. Mofion carded 7-0. RESOLUTION NO. 390-98 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, specificalJons, and form of contract and placed same on tile in the office of the City Clerk for public inspection of the SIX-BAY GARAGE CONSTRUCTION PROJECT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 5th day of October, 1998, 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 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 gensra[ 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 hearing, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement Passed, approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 391-98 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY ' OF DUBUQUE, IOWA: That the SIX-BAY GARAGE September,8~ ~998 3?? CONSTRUCTION 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 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 circu[afion in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than twenty days pdor to the receipt of said bids at 2:00 p.m. on the 24th day of September, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 5th day of October, 1998. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carded 7-0. City Manager submitting documents providing for constru~on of Landscaping Dubuque Techndiogy Park, presented and read. Robbins moved that the communication be received and filed. Seconded by Buo[: Motion carded 7-0. RESOLUTION NO. 392-98 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 DUBUQUE TECHNOLOGY PARK, in the estimated amount of $110,500; are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 393-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS 323 Regular Session, September 8, 1998 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 inspeciton of the LANDSCAPING OF DUBUQUE TECHNOLQGY PARK PROJECT. NOW, THEREFORE, BE T RESOLVED. BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA. that on the 5th day of October, 1998, 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 specifications, form of contract and cost of said improvement and the City Clerk be and is hereby directed to cause a notice of time ana place of such headng to be published in e newspaper having general circulation in the City of Dubuque, Iowa: which notice shall be not [ess 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 improvemen[ Passed, approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 394-98 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the LANDSCAPING OF DUBUQUE TECHNOLOGY PARK PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security ro accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted, That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a nev~paper having general circulation in the City of Dubuque, lowa~ which notice shall nol be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 24th day of September. 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 5th day of October, 1998. Passed, approved and adopted this 8th day of S~ptem bet, 1998. Terrance M_ Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved adoption of the Resolution. Seconded by BuoL Mofion carried 7-0. City Manager submitting documents providing for construction of An Ice Rink Warming House/Concession Building in Flora Park, presented and read. Michaiski moved that the communication be received and filed. Secanded by Markham. Motion carded RESOLUTION NO. 395-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW.A: That the proposed plans, specifications, form of contract and estimated cost for the ICE RINK WARMING HOUSE/CONCESSION BUILDING CONSTRUCTION PROJECT, in the estimated amount of $130,000, are hereby approved and ordered filed in the office of the C~ Clerk, for public inspection. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Michaiski moved adoption of [he Resolution. Seconded by Markham. Motion carded 7-0. RESOLUTION NO. 396-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City Couocil of the City of Dubuque, Iowa qas 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 ICE RINK WARMING HOUSE/CONCESSION BUILDING CONSTRUCTION PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 5th day of October, 1998, a public hearing will be held at 7:00 p.m. in the Public Library Aud'~todum, at which time interested persons may appear and be heard for or against the Repular Session, Septembe~ 8i 1998 324 proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby direc[ed to cause a notice of time and place of such headng to be published in a nev~paper having general cimulation in the City of Dubuque, Iowa, which notice shall be not [ess than four days nor more than twenty days prior to the day fixed for its consideration. At the headng, any interested person may appear and tile objections to the proposed plans, specifications, contract, or estimated cost of the improvement, Passed, approved and adopted this 8th day of September, 1998. Terranca M. Duggan, Mayor Attest Map/A. Davis, City Clerk Micheiski moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 397-98 ORDERING BIDS BE ]T RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the ICE RINK WARMING HOUSE/CONCESSION BUILDING CONSTRUCTION PROJECT is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the secur~y 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~ efthe plans and specifications heretofore adopted. That the City Clerk is hereby directed to adver[ise 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 twenty days prior to the receipt of said bids at 2:00 p.m. on the 24th day of September, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for dna[ action at 7:00 p.m. on the 5th day of October, 1998. Passed, approved and adopted this 8th day of September, 1998. Torrance M: Duggan, Mayor Attest:. MaryA~ Davis, City Clerk Micha[ski moved adoption of th& Reseiution. Seconded by Markham. Motion carded 7-0. . City Manager subm~ng documents providing for the construction of Granger Creek Intercaptor Lift Station, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carded 7-0. RESOLUTION NO. 398-98 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, spec'riications, form of contract and eslimsted cost for the Granger Creek lntemeptor Lift Station, in the estimated amount of $50,600.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed, adopted and approved this 8th day of September, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Nicheison moved adoption of the Reee[ution. Seconded by Robbins: Motion cartied 7-0. RESOLUTION NO. 399-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the Ci~ 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 Granger Creek Interceptor Lift Station. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 5th day of October, 1998, 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 heating to be published in a newspaper having general circeiation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prier to the day tixed for its consideration. At the hearing, any interested person may appear and die objections to the proposed plans, specifications, contract, or estimated cost of the Improvement. Passed, adopted and approved this 8th day of September, 1998. Terranca M. Duggan, Mayor Attest.. Mary A. Davis, City Clerk Regular Session, September 8', 1998 Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 400-98 ORDERING BIDS NOW THEREFORE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Granger Creek Interceptor Lift Station is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accempany each bid shall be in an amount which shall conform [o the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the imarovements herein provided, to be published in a newspaper having genera circulation in the City of Dubuque, iowa, which notice shall not De ]ess 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, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 5th day of October, 1998. Passed, adopted and approved this 8th day of September, 1998. Terranca M. Duggan, Mayor Attest: MaP/A: Davis, Ctiy Clerk Nicholscn moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. City Manager recommending m vacate and dispose of an alley between South Grandview Ave. and York Street at South Hill SL presented and read. Voatberg moved that the. communication be received and filed. Seconded by BuoL Motion carried 7-0. RESOLUT:ION NO. 401-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN SOUTH GRANDVIEW AVENUE AND YORK STREET AT SOUTH HILL STREET Whereas, there has been presented To the City Council of the City of Dubuque, Iowa, ~ elat dated August 25, 1998 prepared by Buesing and Associates describing the proposed vacateo portion of an alley between South Grandview Avenue and York Street at South Hill StreeT; and Whereas. said plat conforms to the laws and statutes pertaining mereto. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated August 25, 1998 prepared by Buesing and Associates relative to the real estate herenabove 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 for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, fo~ the purpose of erecting, installing,, construc~ng, reconstructing, repa~nng, owning, operating, and maintaining water, sewer, drainage, gas, telephone, ~.v. cable, and electdc ines as may be authorized by the City of Dubuque, Iowa, over the eastedy 10 feet of said alley as shown on said plat. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and cert~ed copy of this resol~on in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 8th day of September, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Buol, Motion carded 7-0. An Ordinance Vacating real estate described as Lot 12A in Stewad Subdivision, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 58.98 ORDINANCE VACATING THE ALLEY BETWEEN SOUTH GRANDVlEW AVENUE AND YORK STREET AT SOUTH HILL STREET Whereas. Richard J. & Chewl C. Bertling have requested the vacating of alley between South Grandview Avenue and York Street at South Hill Street: and Whereas; Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of alley between South Grandview Avenue and York Street au South Hill Street aha assigned lot numbers thereto, which hereinafter shall be known and described as Lot 12A in Stewar[ Subdivision in the City of Dubuque, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that alley between South Grandview Reqular Session, Avenue and York Street at South Hill Street is no longer required for public use, except for utility easements as noted, and vacating of said portions of alley bet~veen South Grandview Avenue and York Street at South Hil[ Street known as Lot 12A in Stewart Subdivision in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE tT RESOLVED BY 'FILE CI'C~ COUNCIL Of THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 12A in Stewart Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construing, reconstructing, repairing, evening= operating, and maintaining water, sewer, drainage, gas, telephone, tv. cable, and electric lines as may be authorized by the City of Dubuque, Iowa= over the easterly 10 feet of saic alley as shown on the plat of Lot 12A of Stewart Subdivision. Passed, approved and adopted this 8th day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Published atficiaJ~y in the Telegraph Herald newspaper this 16'th day of September, 1998. MaryA. Davis CMC, City Clerk It 9/16 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 finaliy passed be suspended. Seconded by Buol. Mst~on carded 7-0. Voetberg moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carded 7-0. RESOLUTION NO. 402-98 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 12A IN STEWART SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, Richard J. & Che~ C. Bertling have requested the vacating of aa alley between South Grandview Avenue and York Street at South Hill Street and Whereas, Buesing and Associates has prepared and submitted to the Council a plat showing the vacated portion of ar alley between South September 8, 1998 326_ Grandview Avenue and York Street at South Hill Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 12A in Stewart Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley between South Grandview Avenue and York Street at South Hill Street is no longer required for public use, except for utility easements as noted, and vacating and sale of portions of said alley known as Lot in Stewart Subdivision in the City of Dubuque, Dubuque County, iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Thatthe Cityof Dubuque intends to dispose of its interest in Lot 12A in Stewarts Subdivision in the City of Dubuque, iowa. Section 2. That the conveyance of Let 12A in Stewart Subdivision in the City of Dubuque, iowa to Richard J. & Cheryl C. Battling be contingent upon the cayment of $1,564.00, plus publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetua easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, iowa. over the easterly 10 feet of said alley as shown on the plat of Lot 12A of Stewards Subdivision. Section 4. That the Cffy Clerk be and is hereby authorized and directed to cause and notice of intent to dispose of said real estate in the manner as prescribed by law. Passed, approved and adopted this 8th day of September, !998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Rssdiu~on. Seconded by Buol. Motion carried 7-0. Lane & Waterman, attorney for A~ter Trading Corporatior., advising of their appeal from decision of City Manager regarding suspension of Alter's license, presented and read. Vostberg moved that the communication ~e received and tiled. Seconded by Nicholsor,. Motion carded 7-0. 327 Regular Session, September 8, 1998 City Manager requesfing hearing be set for October 5, 1998 to act upon appeal for suspension of salvage license as filed by Alter Trading Corporafion, presented and read. Voetberg movee that the communication be received and and set this maSter"for Hearing for 10- 5-98 at 7:00 p.m. in the Public Libra~J Auditorium. Seconded by Nichoison. Motior carried 7-0. City Manager recommending to set public hearing for 10-19-98 to consider expanding Downtown Dubuque Urban Renewal Distdct and refer alley vacation and parking meter changes To staff for report and recommendation, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison Motion carried 7-0. RESOLUTION NO. 403-98 A RESOLUTION OF NECESSITY FINDING THAT THE DOWNTOWN DUBUQUE URBAN RENEWAL DISTRICT IS AN AREA MEETING THE DEFINITIONS OF BLIGHT AND ECONOMIC DEVELOPMENT AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas. the City Council of the City of Dubuque has determined that the further expansion of the Downtown Dubuque Urban Renewal District will provide redevelopment opportunities which wi further the purposes and objectives of the Downtown Urban Renewal Plan; and Whereas, the City Council has found that the proposed expansion area meets the definition of an economic developmen[ area as found in Chapter 403 "Urban Renewal" cf the Iowa Code: and Whereas, Chapter 403'of :[he Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of ~ecessity finding that the area in question s a slum, blightec or economm development area, and that so designating such area is necessary in the interest of the public health safety or welfare of the residents of the municipality. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. OWA: Section 1. That the following described area, which is proposed to be added to the Downtown Dubuque Urban Renewal District, is an economic development area as defined by Chapter 403 of the Iowa Code and is approprate for an urban renewal Draject, to wit: City Lot 623 and 624, Section 25 Township 89 NoKh, Range 2 East, 5th P.M., Dubuque County, Iowa and any adjoining public fight-of-way. (hereinafter, the "Expansion Area") Section 2. That the development of the Expansion Area is necessary and appropriate m facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District. to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process requlrec~ by law with affected taxing entities. Section 4. That the City Clerk s directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal Distdct to be held on October 19, 1998 at 7:00 in the Carnegie-Stout Public Library Auditorium, 11th and Bluff Streets, Dubuque, Iowa 52001 and that said notice shall generally identify the area covered by the Amended and Restated Plan and the general scope of the Amended and Restated Plan and the activities planned for such areas. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said notice of public hearing to the Dubuque Community School District. the Coumy Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. Passed. approved and adopted this 18th day of Septem bar, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Buol moved adoption of the resolution and further set this matter for Public Heating on 10-f9-98 at 7:00 p.m. in the Public Library Auditadum and direct the City Clerk To publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 8:32 p.m. Voetberg moved to go Reqular Session, September ~ 1998 328 into Closed Session -in accordance with Chapter 21.5 1.(j) To discuss the purchase of particular real estate where premature disclosure could be reasonably expected to increase the prfce the govemmeatal body would have to pay for that proper[y. Seconded by Michalski. Motion carried 7-0. Approved~/ ~ ,1998 ,1998 At 9:29 p.m. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Michalski moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 9:30 p.m. /s/Mary A. Davis CMC, City Clerk Council Members Attest 'c~,c - 329 Regular Session, September 21, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Sessior,, September 21, 1998. Council Met at 7:00 p.m., Public Library Auditorium. Present Mayor Duggan, Council Members Michaiski: Markham, Nicholsor., Robbins, City Manager Michael Van Mliligen. Corporafion Counsel Barry A~ LindahL Absent: Council Members Buol, Voetberg. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for tee purpose to ac[ upon such business which may properly come before the Council. Invocation was given by Father Jim Dube~z, Associate Pastor of Nativity Catholic Church. PROCLAMATIONS: Sept. 21-27 as "Always Buckle Children in Backseat" received by Morning Optimists' President Kathy Sturm; Qct. 4 as "CROP Walk Day in Dubuque" and October 31 as "Trick or Treat Night,' There was a presentation of a Cer~cate of Achievement for Excellence in Finance Reporting made To City Finance Director, Duane Pitcher, by Wes Nelson. MINUTES SUBMITTED; Bunker Hill Building Subcommittee of 9~1; Cable Teleprogramming Commission of 9-1; Civil Service Commission of 7-22: Housing Code Appeals Board of 6-14; Long :~ange Planning Advisory Commission of 7-29; Park & Recreation Commission of 9-8; Zoning Advisory Commission of 9-2; Zoning Board of Adjustment of 8-27, presented and read. Rebbins moved that the minutes be received and filed. Seconded by Nicholson. Motion carded 5-0. Finance Director subm[ttin_c financial repor~ for month ending August 31 1998, presented and read. Robbins moved that the report be received and filed. Seconded by Nichoison. Motion carded 5-0. Proofs of Publication on publishing List of Claims AND Summary of Revenues for month ending 7-31-98; Combined Public Notice of Finding of No Significant Impact and Notice of intent to request release of [unds for YMCA/YWCA Building Corporation Special Needs Locker Rooms project; Pdnted Council Proceedings for meeting of 8-17-98, presented and read. Robbins moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 5-0. Five Flags Center CMc Center Commission submitting their year end report for Fiscal Year 1998, presented and read. Robbins moved that the report be received and tiled. Seconded by Nichoison. Motion carded 5-0. NOTICE OF CLAIMS/SUITS: Debra Draessler in amount of $240.20 for vehicle damages; Thomas Metz in amount of $410.00 for property damages; Patrick Sheahan in the amount of $962.44 for vehicle damages Susan Splinter in estimated amount of $904.87 plus rental car charges for vehicle damages, presented and read. Robbins moved that the claims and suits be referred to the Legel Staff for invesfigafion and report. Seconded by Nicholson. Motion carried 5-0. Corporation Counsel advising following claims have been referred to public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Car damage of Jana Cavanaugh; Personal injury of Courtney Kruser, Personal injury of Timothy Gilienwater; Property damage of Steve MacDonald; Vehicle damage of Warren Melchert and property damage of David Viertel, presented and read. Robbins moved that the communications be received and filed. Seconded by Nichoison. Motion carried 5-0. Corporation Counsel recommending denial of property damage claim of Leo & Geraldine Weatmark and Denial of vehicle damage claim of Clifford Treanor, presented and read. Robbins moved that the communications be received and filed and approved Re.qular Session, September ~1, 1998 330 denials. Seconded by Nicholson. Motion carried 5-0. Corporation Counsel recommending settlement of vehicle damage c~aim of Mark Fitzjerrells in amount of $57.78 and authorize Finance Director to issue check, presented and read. Robbins moved that the claim be received and filed and approved set'dement recommendation. Seconded by Nicholson. Motion carded 5-0. September 11, 1998 Honoreble Mayor and Members of the City Council In accordance with Chapter 400 of the 1997 Code of Iowa, the CMl Service Commission conducted a written examination on August 18, 1998 for the position of MECHANIC. 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. MECHANIC Scott Bauer Leonard Stoffel David Sedbrook Robert Modadty Corey Bergfeld Patrick Quinn Mark Conner Lores Decker Mike Riniker John Meet John Greenwood Ronald Schilling Gregory Merfeld Ralph Delaney Jeff Wagner Mark Neuhaus Robert Brownell Kenneth W~eser Steven Thor Bdan Loeffelhdiz Darryi Gallo Duane Emster Timothy Mass Respectfully submitted, Mede J. Duehr, Jr., Chairperson Loras J. Kluesner, Civil Service Commission Robbins moved that the above certification be made a matter of record. Seconded by Nichoison. Motion carded 5-0. City Manager recommending approval of Five Flags Center Usage Agreement with the Dubuque Fighting Saints, presented and read. Robbins moved that the communication be received and filed and recommendation approved. Seconded by Nichoisea. Motion carded 5-0. City of ASbury advising of voluntary annexation of property lying nodJ~east of the City's corporate limits (properly is to the east of Hales Mill Road.), presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholecn. Motion carded 5-0. City Manager requesting authorization to execute approval of extra work order regarding Dubuque Greyhound Park & Casino Parking Lot Improvements, presented and read. Robbins moved that the communication be received and tiled and approved request. Seconded by Nicholson. Motion carded 5-0. Environmental Stewardship Advisory Commission requesting approval to study the issue of proposed hog lots confinement in the County., presented and read, Robbins moved that the communication be received and tiled and approved request Seconded by Nichoison. Motion carried 5-0. City Manager requesting authorization to issue RFP to hire a consultant to assist the Innovation Zone Committee for Transportation System Design, presented and read. Robbins moved that the communication be received and filed and approved request. Seconded by Nicholson. Motion carried 5-0. Cffy Manager recommending approval of Project Agreement relating to Federal Aid Pariicipation to reconstruct bridge over C~ish Creek, ~resented and read. Robbies moved that the communication be received and filed. Seconded by Nichdison. Motion carded 5-0. RESOLUTION NO. 404-98 RESOLUTION APPROVING PROJECT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE REPLACEMENT OF THE MANSON ROAD BRIDGE Whereas, the City of Dubuque has determined that the Manson Road Bddge is in a state of disrepair and the bridge needs to be replaced; and Whereas, the Federal Aid Highway Bddge Replacement Rehabilitation (HBRR) Program has agreed to fund 80% of the eligible project cost; and Whereas, the iowa Department of Transportatien has prepared and subm~ed to the City Council for approval, a Project Agreement relating to the Federal cost participation in the reconstruction of the Mansen Road Bddge; and Whereas, the City of Dubuque approves the terms and conditions of said Project Agreement. NOW, THEREFORE, BE tT RESOLVED BY THE CiTY COUNCIL Regular Session, September 21, 1998 OF THE CITY OF DUBUQUE, IOWA: Sectior 1 Agreement No. 98- BROS-47 consisting of an agreement providing for Federal Aid Highway Bridge Replacement and Rehabilitation Prograrr funds for the project in the amount of $857 g00.00 be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this agreement and forward the executed copies to the owa Department of Transportation for their approval. Passed, approved and adopted this 21st day of September, 1998. Terranee M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carded 5-0. City Manager recommending authorization and execution for the redemption of defeasance of Padre Plo Health Care Center Series 1996 Bonds. presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson Motion carried 5-0 RESOLUTION NO. 405-98 RESOLUTION PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING ELDERLY CARE AND HOUSING REVENUE BONDS, SERIES 1996 (STONEHILL CARE CENTER PROJECT) AND APPROVING THE EXECUTION OF AN ESCROW AGREEMENT AND OTHER DOCUMENTS RELATING THERETO Whereas, the City of Dubuque, Iowa (the "Issued), pumuant to the provisions of Chapter 419 of the Code of owa (the "Act") has previously issued its Elderly Care and Housing Revenue Bonds, Series 1996 (Stonehill Care Center Project) (the "Bonds") pumuaat to the provisions of a Bond Trust Indenture dated as of July 1, I996 (the "Bond Indenture=) and loaned the proceeds thereof to Padre Plo Health Care Center, Inc. [the "Borrower") pursuant to a Loan Agreement dated as of July 1, 1996 (the "Loan Agreement"), for the purpose of financing the cast of a "project" within the meamng of the Act; and Whereas. the Borrower has determineo to provide for the payment and redemption of all of the Bonds pursuant to the prepayment prowsions of the Loan Agreement and nas requested the Issuer to take such I action as is required of the Issuer by the Loan Agreement and Bond Indenture to provide for prepayment of the Bonds; and Whereas, the Borrower has presented for consideration by the City Council a form of escrow agreement (the "Escrow Agreement") among the Issuer, the Borrower and U.S. Bank Trust National Association (formerly First Trust National Association) (current Trustee under the Bond Indenture) (the "Bond Trustee"} to accomplish the prepayment and redemption of the Bonds. Now Therefore Be It Resolved, by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Thatthe prepayment and redemption of the Bonds as contemplated by the Escrow Agreement is approved. Section 2. That the Escrow Agreement in substantially the form presented to and considered by the Council and containing substantially the terms and provisions set forth therein is hereby authorized and approved and the Mayor and City Clerk are hereby authorized and directed to execute, attest, eeal and delive~ the Escrow Agreement on behalf of the Issuer with such changes thereto as the Issuer's counsel or bond counee] may deem appropriate, such execution to be conc[usiva evidence of approval of such document in accordance with the terms hereof. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and ali other documenm and take such other actions deemed necessary, upon the advise of Issuer's counsel, to effect the prepayment and redemption of the Bonds under the terms of the Escrow Agreement and to carry out the 'ntent and purposes of this Resolution. Sec'don 4. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shal not affect the validity of the remainder of the sections, phrases and provisions Section 5. That this Resolution shall become effective immediately upon its passage and approval. Adopted and aooroved this 21st day of September, 1998. City of Dubuque, rowa By: Torrance M. Duggan, Mayor Reqular Session~ Attest: Ma~,A. Davis, City Clerk Robbins moved to adopt the reeeiution~ Seconded by .Nicheison. Motion carded 5-0. City Manager recommending subm~tal of ISTEA Grant Application for the Histodc Bluffs Trail Project (Hodgdon Street and Cathedne/VVesl Locust Street step restoration), presented and read. Robbins moved that the communication be received and filed. Seconded by Nichotson. Motion carried 5-0. RESOLUTION NO. 406-98 RESOLUTION APPROVING THE SUBMITTAL OF AN APPLICATION FOR STATEWIDE ENHANCEMENT FUNDING TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE HISTORIC BLUFFS TRAIL PROJECT. Whereas, the Iowa Department of Transportation has announce the availability of State Transportation Enhancement funds; and Whereas, the rehabilitaton and operation of historic transportation buildings, structures or facilities and faeif~es for pedestrians and bicycles are eligible activities for enhancement funding; and Whereas, design, engineering and construction costs are eligible for enhancement funding; and Whereas, the City has an adopted Hedtage Trail Master Plan that includes a tra, sy~tam with neighborhood linkages eiong V~est Locust Street and throughout the city of Dubuque and Dubuque County; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, iOWA: Section 1. That the Mayor is authorized to sign and submit this application to the Iowa Department of Transportation for storewide Transportation Enhancement Funds for the H~tofic Bluffs Trail Project. Secton 2. That the City Council authorizes the City Manager to utilize budgeted Capital Improvement Program funds to provide the match required by this program. Section 3. That in the event said application is approved, the City Council hereby provides ~ written assurance that the completed project will be adequately maintained for its intended public use for a minimum of twenty (20) years following the project completion. September 21~ 1998 33? Section 4. That the City of Dubuque agrees to abide by all locei, state and federal requirements applicable to the proposed projects. Passed, approved and adopted this 21 st day of September, 1998 Torrance M. Duggan, Mayor Attest MaryA~ Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carded 5-0. City Manager recommending to purchase property at 2618 Jackson Street in total sum of $10,500 for inclusion in the DREAMS Program, )resentad and read. Robbins moved that the communication be received and flied. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 407-98 RESOLUTION OF INTENT TO ACQUIRE REAL ESTATE AT 2618 JACKSON STREET IN THE CITY OF DUBUQUE, SOUTH ONE-HALF (S 1/2) OF LOT 231 IN GLENDALE ADDITION NUMBER THREE (3), IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, Whereas, the City of Dubuque is committed to enforcement of housing qual~ standards and to the provision of assistance toward the addition of housing units to the City's inventory;, and Whereas, acquisition of suitsbie properties, in specific instances, is an appropriate means cf achieving these goals, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Sec~on 1. That the City of Dubuque hereby gives nctca of its intent to abquira the following legally described property from the seller, Sheryi Ann Shew: The South 0ne-Heir (S 1/2) of Lot 231 in Glendale Add'~on Number Three (3) in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. at the cost of Eight Thousand Dollars ($8,000), plus real estate ta×es due and owing, subject to review and approval of a deed conveying such property. Section 2. That the City Manager is hereby authorized and directed to said property, subject to the terms and conditions of the offer. 333 Regular Session, September 21, 1998 Passed approved and adopted this 21st day of September, 1998 Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholsor,. Motion carried 5-0. City Manager recommending approval of Memorandum of Understanding with Dubuque Vising Nurse Association for services related to City's Childhood Lead Poisoning Prevention Program, presented ano read. Robbins moved that the communicafion be received and tiled. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 408-98 APPROVING A MEMORANDU tv1 OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE VlSITING NURSE ASSOCIATION AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CiTY OF DUBUQUE, IOWA. Whereas, the City of Dubuque has signed a contract with the Iowa Department of Public Health for a childhood lead poisoning prevention program in the city of Dubuque; and Whereas, the City of Dubuque must provide medical case management for ali ead poisoned children in the city, and provide community outreach and education: and Whereas, the City of Dubuque will' enter into an agreement with the Dubuque Visiting Nurse Association to provide medical case management of lead poisoned children and conduct community outreach and education for the citizens of Dubuoue. NOW, THEREFORE. BE 1T RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the attached Memorandum of Undemtanding by and between the City of Dubuque, Iowa and the Dubuoue Visiting Nurse Association is hereby approvea. Section 2. That the City Manager or his designee is hereby authorized and directed to execute the Memorandum of Understanding for and on behalf of the City of Dubuque, Iowa Passec approveo and adopted this 21st day of September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, Cit, Clerk Robb[ns moved [o adopt the resolution. Seconded by Niche[son. Motion carried 5-0. Long Range Planning Advisory Commission advising of Commissioners who have volunteered to serve as City's planning representatives or a Dubuque Community School District Project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. Environmental Protection Division submitting Wastewater Compliance Evaluation inspectior for our plant, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carded 5-0. Corporation Counsel recommending proposed settlement in amount of $2.938.50 from Johnson Oontrols, thc_ for damage to Library air conditioner, be accepted and lawsuit be dismissed, presented and read. Robbins moved that the communication be received and ti[ed and approved recommendation. Seconded by Nichoison. Motion carded 5-0. Corporation Counsel advising of dismissal of case of Whalen vs. City of Dubuque (American Tower Bldg.), presented and read. Robbins moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 5-0. Corporation Counse submi~ng correspondence from Atty. Les Reddick summarizing judgement of IBP vs. FDL in favor of FDL, presented and read. Robbins moved that the communication de received and tiled. Seconded by Nichelsen. Motion ceried 5-0. RESOLUTION NO. 409-98 Whereas, applications for Beer Permits have been submitted and tiled to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, September 2~1, 1998 334 That the Manager be authorized to cause to be issued the following named applicants a Beer Permit CLASS "B' SEER PERMIT (SPECIAL EVENT) Dubuque Jaycees Dubuque Jaycees 3rdto 4th Ston Bluff CLASS 'C" BEER PERMIT Rainbo Oil Com. Kwik Stop Food Mart +(Sunday Sale) 2360 Central Ave 5 Point Mart Inc. 5 Point Mart Inc. +(Sunday Sale) 405 Rhomberg Ave Passed, approved and adopted this 21th day September, 1998. Torrance M. Duggan, Mayor Attest: Mary A Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nichaison. Motion carried 5-0. RESOLUTION NO. 410-98 Whereas, applications faf 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 comp~ with the State Laws and all City Ordinances relevant thereto and they have tiled proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be author[zed to cause to be issued the following named applicants a Liquor License. CLASS "C' (CQMMERCIAL) SEER/LIQUOR LICENSE F & H Enterp. Fat Tuesday's 1121 University Admirals Hi-Hat West Admirals Hi-Hat+(Sunday Sale) 253 Main St P.M.S.T. Inc. Happy's Place +(Sunday Sale) 2323 Rockdaie Rd Lerey A. Miller Whitey's Sar-X +(Sunday Sale) 2616 Windsor Ave James & Janet Kohl The Grand Tap +(Sunday Sa[e) 802 Central Ave Passed, approved and adopted this 21st dayof September, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carried 5-0. BOARDS AND COMMISSIONS APPOINTMENTS to various Boards/Commissions: AIRPORT COMMISSION: Applicants -R. J. Block, Rick C. Goodin; David R. Hartman, Thomas F. McMahon, James C. WachteL Vote upon the appointment was as follows: Duggan voted for Goodin. Markham voted for Goodin. MichalskJ voted for Gcodin. Nichoison voted for Goodin. Robbins voted for Goodin. Therefore, Rick C. Goodin was appointed to the four year term which will expire 9-14-02. HOUSING ADVISORY TRUST FUND COMMITTEE: Applicant - John V. Waish. Michaiski moved that John V. Waish be reappointed. Seconded by Nicholson. Motion carded 5-0. Therefore, John V. Waish was reappointed to a three year term which wilt expire 9-8-01. HUMAN RIGHTS COMMISSION: Applicants - Rev. K. ris Kincaid, Marry O'Shea, Katherine V. Stevens. Vote on the appointment was as follows: Duggan. voted for O'Shea. Markham voted for Stevens. Michaiski voted for Stevens. Nichdison voted for O'Shea. Robbins voted for O'Shea. Therefore, Marry O'Shea appointed to the unexpired three year term which will expire 1-1-00. Robbiss moved that the rules be suspended to allow anyone present to address the Council if they so desire. Seconded by Michaiski. Motion carried 5-0. Proof of publication cedJfied to by the Publisher on Notice of Heating to consider disposing of an alley between South Grandview Ave. and York Street at South Hill Street and City Manager recommending to approve disposal of real estate, presented and read. Robbins moved adoption of the Resaiution. Seconded by Michaiski. Motion carried 5-0. Richard Beraing spoke to the request. RESOLUTION NO. 411-98 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general cireulatien published in the City of Dubuque, Iowa on 11th day of September, 1998, the CH Council of the City of Dubuque, Iowa met on the 21st day of September, 1998 at 7:00 3. m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, 335 Regular Session, September 21,1998 Count', Iowa to consider the proposal for the safe of real estam described as: Lot 12A in Stewart Subdivision in the City of Dubuque, 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 an 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 ~ubuque real property described as Lot 12A in Stewart Subdivision in the City of Dubuque, iowa to Richard J. & Cheryl C. Bertling be and the same is hereby approved for the sum of $1,564.00 plus publication and filing fees. Conveyance shal be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over the easterly 10 feet of said alley as shown on the plat of Lot 12A of Stewart Subdivision. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the C~ Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Richard J. & Cheryl C. Bertling upon receipt of the purchase 9dce in full. Se~on 4 That the City Clerk be and is hereby authorized and directed to record a ceYdfied copy et this 'esaiution in the office of the City Assessor, Dubuque Coun~ Recorder and Dubuque County Auditor. Passed, approved and adopted this 21st day of September, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis. City Clerk Robbins moved adoption of the Resolution. Seconded by Michaiski. Motion carried 5-0. Delegation from Lifetime Center to address the Council requesting assistance regarding the Center's financial difficulties, presented and read. Michaiski moved that this matter be referred to the City Staff which wili report back to Council. Seconded by Markham. Motion carried 5-0. Gary Carstens, Mgr. of the Lifetime Center, requested $50,000 per year for the next three years. Bill Wattem and Gen Heathcote spoke of the Center's financial needs. Petition from Country Steppers containing 41 signatures and Communication from Jim & Pat Schub. requesting City appropriate funds to help the Lifetime Senior Center to continue operations, and City Manager submitting background information regarding funding for Center, presented and read. Michaiski moved that the petition and communication be received and filed Seconded by Markham. Motion carried 5-0. City Manager submitting 3 Ordinances providing for conversron of one-way traffic streets providing for addifiona parking meters and creating parking meter district, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nichoison Mofion carded 5-0. An Ordinance Amending Sec. 32- 174 of City Code providing for change in designation 'of one way traffic on iowa, St., Main St., 4th St. and 5th St., presented and read. Michalski moved that this be considered the first reading of the Ordinance. Seconded by Markham. Motion carried 5-0. An Ordinance Amending Sec. 32~ 262 of City Code regarding parking on certain portions of streets by deleting Iowa Street, West side from First Street re a point 70 feet South of Second St., and East side from 4th St. to 10th St., presented and read. Michaiski moved that this be considered the first reading of the Ordinance. Seconded by Nichoison. Motion carried 5-0. An Ordinance Creating parking meter distric[ by adding portions of iowa Street between 4th & 10th Sts., presented and read. Michaiski moved that this be considered the first reading of me Ordinance. Seconded by Nichaison. Motion carried 5-0. Mayor Duggan requesting clarificafio,~ regarding lack of enforcement of Sec. 33-4 "False & Fraudulent Reports," presented and reaa. Markham moved that the communicafion be received and filed and from this point forward if a situation that does involve a non-insured motorist at a ~)ersonai injury accident. Regular Session, September 21, 1998 336 that they also be issued a citation under our Section 33-4 if in fact they give us false or fraudulent information at the scene. Seconded by Robbins. Carded by the fo]lowing vote: Yess--Duggan, Markham, Michalsld, Robbins. Nays---Nicbelson. Zoning Advisory Commission advising of their denial to rezone property located at 2155 Rockdale Road as requested by John Stager and John George, presented and read. Michalski moved that the communication be received and tiled and they concur with the denial. Seconded by Nicholson. Motion carded 5~0. City Manager submitting documents providing for construction of Technology Park Roadway improvements project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 412-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE cri-Y OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimate¢ cost for the Dubuque Technology Park Roadway Improvement Project, in the estimated amount of $597,453.44, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 21st day of September, 1998. Terrance M. Duggan, Mayor Attest: MaryA: Davis, C~ Clerk Robbiss moved to adopt the 'esoluflon. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 413-98 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 31aced same on file in the office of the City Clerk for public inspection of the Dubuque Technology Park - Roadway Improvement Project. NOW THEREFORE, BE IT RESOLVED BY THE CIT'/COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That on the 5th day of October, 1998, 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 beadng 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, spec'ifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 21st day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 414-98 ORDERING BIDS NOW THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Technology Park - Roadway Improvemen[ Project is hereby ordered to be adveCdsed for bids for constru~on. BE IT FURTHER RESOLVED, that the amount of the security zo accompany each bid sha~ 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 [o advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circul~on 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 1st day of October 1998. Bids shall be opened and read by the City Clerk at said time and w'll be submitted to the Council for final action at 7:00 p.m. on the 5th day of October, 1998. Passed, adopted and approved this 21 st day of September, 1998. Terrance M. Duggan, M~yor Attest: Man/A: Davis, C~ Clerk Rebbins moved to adopt the resolution. Seconded by Nicbe[son. Motion carded 5-0 337 Regular Session, September 21, 1998 City Manager submitting documents providing for construction of Airport Restroorr Remodeling ADA Imarovemeras project, oresented and teac. Michaiski moved that the communication be received and flied. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 415-98 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 comract and estimated cost for the Dubuque Regional Airport Remodeling and ADA Improvements, in the estimated amount of $49,588.00, are hereby approved and ordered tiled in the office of the City Clerk for public inspection. Passed adopted and approved this 21 st day of September, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Michalstd moved adopfion of the Resolution. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 416-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iow~ has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Regional Airport Remodeling and ADA Improvements. ~IOW THEREFORE, BE IT RESOLVED BY THE ClT~ COUNCIL OF THE CITY OF DUBUQUE. IOWA: That on the 19th day of October, 1998, a publi.c headng wilt be held a! 7:00 ~.m. ~n 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 nofica of time and place of such hearing [o 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 consideratior.. 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 21st day of September, 1998. Terrance M. Duggan Mayor Attest: Mary A. Dav s, City Clerk Michalski moved adopfion of the Resolution. Seconded by Markham. Motion carried 5-0. RESOLUTION NO. 417-98 ORDERING BIDS NOW THEREFORE, BE RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Regional Airport Remodeling and ADA Improvements is hereby ordered to be edve~sed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid sharl be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herai: provided, to be published in a newspaper having genera; circulation i~ the City of Dubuque, Iowa, which nofice shall nol be tess than four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of October, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 7:00 p.m. on the 19th day of October. 1998. Passed. adopted and approved this 21st day of September, 1998. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Michalski moved adoption of the Resolution. Seconded by Markham Mofion carded 5-0. City Manager submitting documents providing for construction of North End Neighborhood Trail project, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Mofion carded 5-0. RESOLUTION NO, 418-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE ~T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the proposed plans, specifications, form of contract and estimated cost for the North End Regular Session, SePternb~i: ~'~i ~98 338 Neighborhood Trail Project, in the estimated amount of $405,248.05, are hereby approved and ordered tiled in the office of the CH Clerk for public inspection. Passed, adopted and approved this 21 st day of September, 1998. Terrance M. Duggan, Mayor A~sst MaryA~ Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nichdison. Motion carded 5-0. RESOLUTioN NO. 419-98 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, spec'r,%ations, and form of contract and placed same on tile in the office of the CH Clerk for public inspection of the North End Neighborhood Tra~ Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of October, 1998, 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 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 m the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days pdor to the day tixed for its consideration. At the hearing, any interested person may appear and tile objections to the proposed plans, . spedr~cations, contract, or estimated, cost cf the improvement Passed, adopted.and approved this 21st day of September, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Robbins moved to adopt resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 420-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the North End Neighborhood Trail Project is hereby ordered to be advertised for bids for construction~ BE IT FURTHER RESQLVED, that the amount o)' 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 CH Clerk is hereby directed to advertise for bids for the construcrion 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 8th day of October, 1998; Bids shall be opened and read by the City Clerk at said time and will be subm~ed to the Council for tinal action at 7:00 p.m. on the 19th day of October, 1998. Passed, adopted and approved this 21 st day of September, 1998. Terrance M. Duggan, Mayor Attest: M~ry A. Davis, City Clerk Robbins moved to adopt the resolution. Seconded by Nicholson. Motion carded 5-0. At 8:30 p.m. Nicholson moved to go into Closed Session in accordance with Chapter 21.5 1.(c) State Code of Iowa, 1997 as amended, To discuss strategy with counsel in matters that are presently in litigation; AND Chapter 21.5 10) To discuss the purchase of ~articular real estate where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for that preper~y. Seconded by Michaiski. Motion carded 5-0. At 9:09 p.m. Council reconvened Regular Session with statement that Staff had been given proper direction, There being no further business, Nichdison moved to adjourn. Seconded by Michalski. Motion carded 5-0. The meeting adjourned at 9:10 Is/Ma~y A. Davis CMC City Clerk 339 Regular Session, September 21, 1998 Approved ~'~t'"/x/~ , 1998 Adopted.(~'~,/~' , 1998 Council Members