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1998 November Council Proceedings Board of Health, November 2, 1998 DUBUQUE 385 BOARD OF HEALTH QUARTERLY MEETING Regular Board of Health Meeting, November 2, 1998. Board Met at 6:55 p.m., Public Ubrary Auditorium. Present: Chairperson Duggan, Board Members Buol, Markham, MichaisJd Nicholson. Absent: Board Members Robbins, Voetberg. Chairperson Duggan read the call and s[a[ed this is the Regular scheduled meeting of the Board of Health called for the 9urpose to act upon such business which may propedy come before the Board. There was no business To come before the Board at this time, There being no further business, Michaiski moved that the meeting be adjourned. Seconded by Markham. Motion carried 5-0. The meeting adjourned at at6:59 p.m. /s/MaryA. Davis, CMC Secretary, Board of Health 1999 Regular Session, November 2, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session. November 2, 1998. Council Met at 7:00 .2.m., Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Markham, Michalaki Nicho]son. City Manager Michael Van Mi[ligen, Corporation Counsel Barry A. Lindahl. Absent: Council Members Robbins yoetberg. Mayor Duggan read the call and stated this is the Regular Meeting of the City Council called for the eurpose [o act upon such business which may propeny come before the Councit. Invocation was given by Deacon Tim LoBianco. Pads~' Administrator of Si. Patrick's Catho[fc Church. PROCLAMATIONS -- Month of Nov. as "Alzheimer's Disease Public Awareness Month" received by Sr. Michella Nemmers- Month of Nov. as "Hospice Month" receives by Carole Carroll: Nov. 4 as "Philanthropy Day" received by Pat Mullen; Nov. 8-14 as "Radiolagic Technology Week" received by Donna BaCde~; Nov. 5-20 as "Faces And Voices-Human Relations '98'" received by Kathy Blau. MINUTES SUBMITTED: Community Development Advisory Commission of 7-21 & 10-1; Environmental Stewardship Advisory Commission of 10-6; Five Flags Cammission of 9-21; Housing Code Appeals Board of 9-15; Human Rights Commission of 9-19; Investment Oversight Advisory Commission of 10-22; Transit Trustee Board of 9-10, presented and read. Buol moved that the minutes be received and tiled. Seconded by Nlaholson. Motion carried 5-0. Substance Abuse Sop/ices Center submitting their First Quarter Report, presented and read. Buol moved that the communication be received and tiled. Seconded by Nlaholson. Motion carded 5-0. Proofs of Publication cerfified to by the Publisher on publishing Council Proceedings for 10-5-98: Notice of filing of tne Final Schedule of Assessments for Construction of Fremont Avenue Sanitary Sewer Extension, presented and 'end. Bus[ moved that the proofs be received and tiled. Seconded by Nlaholaon. Motior carded NOTICES OF CLAIMS/SUITS -- Joshua Boffeli in amount of $3.322.89 for vehicle carnages; Jeremy Frey in amount of $4,191.83 for backed up sewer carnages; ~atrick J. Kramer in unknown amount for property damages; Joan Kreu[ m amoun[ of $404.53 for vehicle damages; Marlyn Langevin in unknown amoun[ for property damages; Janice McClain in unknown amount for personal injuries; Soroule Construction Co., nc. vs City of Dubuque and City Manager on several counts regarding grading of Dubuque Industrial Center/South Dubuque, Iowa project, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report Seconded by Nicholaon. Motion carded 5-0. Carl J. Burbach requesting vacation of par[ of storm sewer easement in Sunset Park Seventh Addition, presented and read Bus[ moved that this request be referred to the Cffy Manager and Staff. Seconded by Nicholssn. Motion carried 5-0. City Manager requesting Resolution No. 474-98 be rescinded and request re-approval of annexation of city-owned property, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholssn. Motion carried 5-0. RESOLUTION NO. 481A-98 RESOLUTION RESCINDING 'RESOLUTION NO. 474-98 AND APPROVING ANNEXATION OF CERTAIN PROPERTY TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, as the owner of approximately 1.15 acres of property lying outside the corporate limits of the City of Dubuque, has voluntarily petitioned for annexation of said territory to the City of Dubuque pursuant te Section 368.7 of the Code of Iowa; and Whereas, Chapter 368 of the Code Re.qular Session, Novembe{- 2, 1998 387 of Iowa authorizes the extension of City limits in situations of this character by the adoption of a resolution after no.cation as required by State regulations; and Whereas, Section 2-3 of the Zoning Ordinance of the City of Dubuque provides for the zoning of territory upon annexation; and Whereas, the future growth and development of the City of Dubuque, Iowa make it desirable that said territory, as shown in Exhibit A, be made a part of the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CI'F'( COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 474- 98 is hereby rescinded. Section 2. That the territorial limits of the City of Dubuque, iowa be, and they hereby are extended to include the properly legally described as Lot 2 of NE 1/4 of SE 1/4 of Se~on 25, T89N, R2E, 5th P.M., in Dubuque County, Section 3. That the territory hereby annexed shall become a part of the Second Ward, Seventh Preqinct of the City of Dubuque, Iowa. Section 4. That the territory hereby annexed shall be zoned upon annexation to PUD Planned Unit Development District with a PI Planned Industrial designatior., and shall become part of Zone E of the Dubuque industrial CenTer West PI District Sec'don fi. That the City Clerk shall file this resolution, all Exhibits and the petition for voluntary annexation with the City Development Board of the State of Iowa. Passed, approved and adopted this 2nd day of November, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholsor.. Motion carried 5.0.' Mary Ranedall expressing concern regarding the possible abandonment of an alley running between 775 Hill St and 759 Hill St., presented and read. Buol moved tha~ this be referred to the City Manager and Staff. Seconded by Nicholson. Motion carded 5-0. City Manager recommending approval of Grant Agreement for Riverwalk Project, oresented and read. Buot moved that the communication be received and filed. Seconded by Nicholeen. Motion carried 5-0. RESOLUTION NO. 482A-98 GRANT AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTA- TION FOR RECREATIONAL TRAIL FUNDS FOR THE MISSISSIPPI PJVERWALK RECREATIONAL TRAIL Whereas, the Iowa Department of Transportation has allocated grant funds for the devalopment of recreational trails and facilities for pedestrians and bicycles; and Whereas the City has an adopted Rverfront Plan which places high priority on hike~ike tra development along the Mississippi River, and Whereas, the Iowa Department of Transportation has awarded the City of Dubuque a Recreational Trail grant of $500,000 for the construction of the Mississippi Rivervvalk Recreational Trail. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the grant agreement with the Iowa Department of Transportation for-Recreational Tra~ funds for the Mississippi RivenNalk Recreational Trail. Section 2. That the City Council hereby provides its written essurance that the comp[etad project will be maintained adequately for its intended use for a minimum of twenty (20) years following project completion. Sec~on 3. That the Oity of Dubuque hereby agrees to abide by ali local, state and federal requirements applicable to the proposed project Passed, approved and adopted this 2nd day of November, 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 5-0. Cfty Manager recommending approval of final plat on portion of Old Mill Subdivision, presented and teac. Bual moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 483-98 A RESOLUTION RESCINDING RESOLUTION 345-97 AND RE- APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 6, INCLUSIVE, AND LOT A OF OLD MILL SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA. Whereas, them has been tiled with 358 Regular Session, November 2, 1998 tne City Clerk a final plat of _ets 1 through 6, inclusive, ane Lot A of Old Mill Subdivision, in the City of Dubuque, Iowa; and Whereas. ueon said final plat appear street to ~e known as Mansoa :~oad, which the owners by said final plat nave dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commisaior and had its approval endorsed thereon: ano Whereas. said final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it: aaa Whereas, the C~ Council concurs in me conditions of approval established by the Zoning Commission and the City Planner. NOW. THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Sec~on 1. That Resolution 345-97 is hereby 'escinded. Section 2.' The dedications of additiona nght-of-way for Manson Road (Lot A), be and the same are hereby accepted. Section 3. That the plat of Lots 1 through 6, inclusive, and Lot A of Old Mill Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed [o endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided me owners of said property herein named, execute their wdtter acceptance hereto attached agreeing: a. To reduce Manson Roac right-of- way (Lot A) [o grade in accordance with the City of Dubuque sfandarc specificafions, ali ia a manner acceptable to the City Engineer. b. To install sanitary sewer service laterals 'nra each individual lot, and water service aterals into each individual let, s[orm sewers and catch basins, and erosion control devices all in accordance with the City of Dubuque ~tandard soecificafians, all in a manner acceptable to the City Engineer, and in accordance with construction improvement p~ans approved by the City Engineer, and inspected by the Cffy Engineer. c. To construct said improvements. prior to [we (2) years from the date of acceptance of this resolulJan, at the sole exoense of the owners, or future And further ~rovided that said~Gary and Karen Newt, as owners of said property, snail secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque Iowa. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of- way, as required by City Code 41-161 through 41-164 The responsibility shall extend to ali successors, heirs and assignees. Sidewalk instailafion will not be required until the development of the lot has been completed, except as required herein. m sparsely developed subdivisions, sidewalks on developed lots wilJ not be reauired until 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon develocment of 80% of the lots approved by the plat. Sidewalks will not be reeuired along Manson Road frontage until curb and gutter have been installed. Section 5. That in the event Gary and Karen Newt shall fail to execute the acceetance ant furnish the guarantees provided in Section 2 hereof within 180 days after the date of this Resolution, the provisions hereof shall ee null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed approved and adopted this 2nd day of November 1998. Terranca M. Duggan, Mayer ATTEST: Mary A. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 483-98 We. the undersigned, Gary and Karen Newt, having read the terms and condi~ons of the Resclul~on No. 483-98 and being familiar with th~ conditions thereof, hereby accept this same and agree to the cond~ons _required therein ': By Is/Gary Newt · By/s/Karen Newt Buo moved adop~on of the Resolution. Secended by Nicholsen. Motion carded 5-0. City Manager recommending acceetance of Quit Claim Deed from IDOT for excess right-of-way at Dodge and Hill Street for the Days Inn access road, presented and read. Bual moved that the communication be received and filed. Seconded by Nicholson. Motion carded 5-0. Rep ular Session, NoVeml~i~ ~, 1998 389 RESOLUTION NO. 484-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY AT DODGE AND HILL STREETS TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with LD.O.T and the Days Inn pursuant to which LD.O.T. has agreed to convey Lots 1 and 2 of Wetters Subdivision No. 2 in the Cffy of Dubuque, Iowa, as shown on the excess right-of~way plat thereof to the Cb of Dubuque; and Whereas, the Iowa Department of Transportation has executed a conveyance of said property to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby approves of accepts and consents to the Quit Claim Deed from I.D.O.T., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. That the Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any · instruments in connection herewith. Passed, approved a~d adopted this 2nd day of November, 1998. Tercance M. Duggan, Mayor Attest MaryA. Davis, City Clerk Buol moved adoption of the Resolu~on. Seconded by Nicho~son. Motion carded 5-0. City Manager recommending acceptance of Warranty Deed from Plastic Center, Inc. needed for Riverwalk Project, presented and read. Buol moved that the communication be ~ received and tiled. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 485-98 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY FROM PLASTIC CENTER, INC., TO THE CITy OF DUBUQUE Whereas, the City of Dubuque entered into an Agreement w~th Plastic Center, Inc., on October 15, 1998, - pursuant to which Plastic Center, Inc., agreed to convey real property in the city of Dubuque, Iowa, as Shown on the a~ached deed; and Whereas, Plastic Center, Inc., has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT~ OF DUBUQUE, iOWA: Section 1. The City Council of the CKy of Dubuque, iowa, hereby approves of, accepts and consents to the Warranty Deed from Plastic Center, Inc., attached hereto, as required by Iowa Code Section 569.7. Se~on 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of November, 1998. Terrance M. Duggan. Mayor Attest. Ma~yA. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. Cable Franchise Administrator advising of retirement of Boultinghouse from Cable TV Regulatory Commission, presented and read. Buol moved that the communication be received and tiled. Seconded: by Nicholson. Motion carded 5-0. - City: Manager recommending approval of project agreement with IDOT for RISE funding relating to Data Court, presented and read. Buol moved that the communication be received and tited. Seconded by Nichoison. Motion cardedE-0. :' RESOLUTION NO. 486-98 RESOLUTION APPROVING AN AGREEMENT FOR R.I.S.E, FUNDING WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO DEVELOPMENT OF DATA COURT IN THE DUBUQUE- TECHNOLOGY PARK. · Whereas, the City Of Dubuque has developed plans for the construction of Data Court Jn the Dubuque Technology Park and.~'_' - ~ - Whereas, the City has requested funding under the State of IoWa's R.[.S.E.~-.(Revital~ Iowa's Sound Economy) program; and Whereas, the City's appiiCati~n~s approved . .by. order of ~ the TransPortatJ0n ~ Commission on September 15, 1998; and Whereas, the Iowa Departme~[ of Transportation has prepared and submitted for C~y Council approval an agreement reJating to the RJ.S.E. grant, a copy of Which is attached hereto and by this reference made a )art hereof;, and Whereas, the City C~uncil finds ~hat ~he proposed agreement is acceptable 390 Regular Session, November 2, 1998 ado necessary to the growth ado development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1. That the Iowa Department of Transportation Agreement for R.I.S.E. Funding, Agreement No. 99-R-003 is hereby aeeroved. Section 2. That the Mayor and City Clerk are hereby author[zed ado directed to execu[e two coo[es of the Agreement on behalf of the City of Dubuque and forward me executed copies To the Iowa Depar~men~ of Transportation for their approval. Passed, approved and adopted this 2nd day of November. 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholsan. Motion carried 5-0. City Manager recommending approval of the Dubuque Racing Association 1999 Capital Improvement Program, presented and read. Buol moveo that the communication be received and filed and recommendation approved Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 487-98 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 eremises m be occuoied by SUCh aoolicants were inspected and found to comply with the Ordinances of this City ada have filed proper Donas. NOW, THEREFORE. BE . IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,' iOWA: That the Manager De author[zed to cause to be issued the fo[lowing named applicants a Beer Permit. CLASS "C" BEER PERMIT Rainbo air Cam Kwik Stop Food Mart+(Sunday Sate) 2297 U aiversi~"Ave Molo Oil Co. Big 10 Mart & Car Wssh+(Sunday Sale} 1875 JFK Rd Passed, approved and aoopted this 2ad day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A Davis. City Clerk Buol moved aaoption of the Resalution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 488-98 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have oeen examined and approvea: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto ado they have tiled proper bonds. NOW, THEREFORE, BE. iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorizeo [o cause to be issued the followin~c named applicants a Liquor License. CLASS 'C"(COMMERCIAL) LIQUOR LICENSE Sun's Corp. Yen Ching Restr. 926 Main St Passed. approved and adopted this 2nd day of November, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo: moved adootion of the Resolution. Seconded by Nicholson. Motion carded 5-0. BOARDS AND COMMISSIONS: COMMUNITY DEVELOPMENT ADVISORY COMMISSION - Census Tract #5: One unexpired term which will expire February 15, 1999. Applicant - Dan Shireman. Michalski moved that Dan Shireman be appointed to the unexpired term which will expire 2-15- 99. Seconded Dy Markham. Motion carded 5-0. Michaiski moved that the rules were suseended to allow anyone present to address the Council if they so desire. Seconded by Nichoison. Motion carried 5-0. Heating on Alter Trading Corporation Suspension of Salvage License. (Tab[ed from meeting of October.5. 1998). City Manager recommending Council uphold 30 day suspension of Altar's license. Buol movedthatthis matter be removed from the table. Seconded by Nicholson. Motion carried 5-0. Buol moved that this matter be received and flied and the suspension upheld. Seconded by Nicholssn. No vatetaken on this motion. City Manager requesting to again table this matter to the 11-16-98 .. Council meeting, prosed[ed and read. Michalski moved that this matter again be tabled to the 11-16-98 Council Meeting. Seconded Re,qular Session, November 2, 1998 391 by Markham. Motion carded 5-0. Proof of pub§cation certified to by the ~ublisher on Notice of Public Hearing to reclassify property located at Northwest coroer of Chaney and Asbury Roads from PR to OS District, and Addle O'Bden objecting [o the rezomng, presented and read. Buol moved that the proof and communication be received and tiled. Seconded by Nichdison. Motion camed 5~0. An Ordinance Amending Zoning Map by reclassifying property located at the Northwest Comer of Chaney and Asbury Roads from PR Planned Residential District to OS Office/Service District, with I~rst and second readings given on 10-19-98, presented for tidal action. (OFFICIAL PUBLICATION) ORDINANCE NO. 68-98 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF CHANEY AND ASBURY ROADS FROM PR PLANNED RESIDENTIAL DISTRICT TO OS OFFICE/SERVICE DISTRICT. NOW, THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1, That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter dsscdbed oroperty from PR Planned Residential Distdct to OS Office/Service District, to wit: Lot 1 and Lot 2 of Bradley Family Subdivision, alt comprised of. Lot 2 of Lot 1 of Lot 2 of SL Rase Place, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2.' The 'foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Section 3. This ordinance shall take effect immediately upon pub[isatJon, as provided by law. Passed, approved and adopted this 2nd day of November. 1998. Torrance M Duggan, Mayor Attest Mary A: Davis, City Clerk Published officially in the Telegraph Herald newspaper this 6th day of November, 1998. Mary A. Davis CMC, City Clerk It 11/6 Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 5~. Proof of publicetion certified to by the Publisher on Notice of Public Headng on to revise Land Use Plan for the Dubuque Industrial Center Phases I and II, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 5-0. An Ordinance Adopting a Revised Land Use Plan for the Dubuque Industrial Center Phases I and located at the Southwest Corner of Highway 32 (Northwest Arterial) and Chavene~le Road, and by repealing Section 2 of Ordinances No. 49~80, 39- 82, No. 6-89 and No. 88-9C, with first and second readings given 10-19-98, now presented for tiaa action. c (OFFICIAL PUBLICATION) ORDINANCE NO. 69-98 AN ORDINANCE -- AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY ADOPTING A REVISED LAND USE PLAN FOR THE DUBUQUE INDUSTRIAL CENTER PHASES AND II LOCATED AT THE SOUTHWEST CORNER 7'- OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND CNAVENELLE ROAD, AND BY REPEALING SECTION 2 OF ORDINANCE NO. 49- 80, ORDINANCE 39-82, SECTION 2 OF ORDINANCE L 6-89, ' ~.AND ORDINANCE 88-90. !. ': NOW,"--THEREFoRE, ~BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City; of Dubuque .Code of Ordinances is hereby amended by adopting a revised land use plan, a copy of which is at~ached to and made part hereof, with conditions, for the Dubuque Industrial Center, as shown ia Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, :Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an 392 Regular Session, November 2, 1998 reclassification, the undersigned properly owner agrees zo the following conditions, all of which the prepare/ owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by tne zoning reclassification: A) Purpose and Scope This document sets forth the conditions eno restrictions applicable re the specific Pi Planned lndustria District Known as "Dubuque Industrial Center" All development and use of property in this specific district shall comply with these conditions as well as with the PI Planned industrial District provisions of the Zoning Ordinance and other applicable regulations of the City of Dubuque. This uocumen~ is not intended to abrogate, annul or othe~Mse interfere with any easement covenant or any other private agreement or legal relationship; provided, however, that where the conditions and restrictions of this document are more res[derive or impose higher standards or requirements than such easement covenant or other private agreement or legal relationship, the requirements of this oocument shall govern. ' B) Definitions 1) Building Related Features Building related features are defined as all cons[ructed items which rise above the graoe surface of the of. These include: a) The primary building. b) Ail accessow er secondary buildings. c) All exterior storage areas. d) Exterior refuse cellection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels gases, and other materials. 2) Vehicle Related Features ~ Vehicle related features are defined as a~ areas used for the movement and parking of all vehicles within the lot These include: a) Employee and visitor parking b) Driveways from the street right-of- way ina to and from parking spaces. c} Loading spaces outside of the building. . d) Maneuvering space and driveways to and from loading spaces. e~ Parking spaces for company owned commercial vehicles 3) Oaen Snace Features Open space fee[utes are defined as features of the [at which include: a) Landscaped space containing lawn areas and plantings. b) Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. ) Surface storm water detention areas ~ot othe~vise used for building related ,r veh cie re ated purposes. d) Open recreation areas. e) Other non-building and non- vehicular related space. C) Use Reaulaflons Uses within this sart[cular PI Planned Industrial District shell be permitted as follows: 1] Land Use Pier Land uses shall ge Iooated only n compliance with A~achment A Dubuaue Industrial Center Land Use Plan Phase I and Il. 2) perrnii~ed Uses a) Development parcels within ~hase I of the Dubuque Industrial Center may be used for any principal permitted. accessory and conditional use allowed in the Hi Heavy Industrial District. b) Develooment oarcsis with Phase of the Dubuque Industrial Center may be used for the following permitted and 1) Railroads and public or quasi-public utilities, including substa~ons--[47]. 2) General office---ii4], 3) Medical/Dental 4) Personal services--ii4]. 5) Off-street parking Iot---{NA]. 6) Parking structure---iNA]. 7~, Bakery(who[essie/commercial) --[1gl. 8) Drive-up automated bank teller--J8]. 9', Furniture/upholstery repair--ii8]_ 10) Banks, sawngs and loans, credit unions--J31]. 11) Vending/game m~chine sales and so.ce---ii 9]. 12) Mail order houses--[~3]. 13) Construction supply, sales and service--ii 9]. 14) Printing and publishing-~r32]. 15) Moving/storage facilities~[33]. 16) Wholesale seles/distributor--[29]. 17) Freight transfer facilities--[44]. 18) Agricultural supply ss[es---ii9]. '19) Cold storage/locker plants--ii 5]. 20) Packing and processing of-meat, daiP/ or food products, but not to [nelude slaughter houses or stockyards--[33]. 21) Compounding, erocessmg and packaging or chemical products, but not including highly flammable or explosive materials--[33]. 22) Manufacture assembly, repair or s[oraga of electrical and electronic products, con' ~onents or Regular Session, Novemb~J- 2, 1998 393 equipmant--{33]. 23) Laboratories for research or engineering--t33]. 24) Warehousing and storage facilitfes---[33]. 25) Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scienlJfic instruments; orthopedic or medical appliances; signs or billboard~--[33]. 26) Manufacturing, compounding, assembly or treatment of a~cles or products from the following substances: Clothing or textilss; rubber;, precious or semi-precious stones or metal; wood; plastic; paper; lestheF, fiber;, glees; hair; WaX; sheet metal; feathers; fur; and cork--[33]. 271 Manufacture, storage or processing of the following products or matefials: glue; petroleum products or any liammable liquid; asphalt or concrete products; explosive materials of any type; structural steel and foundry products; fedJlizer;, pharmaceutical products, including cosmetics, toilstites and soap; and stone products, including bdck, building stone and similar masonry material.~--[33]. [ ] Parking groups (See Section 4-2 of the Zoning Ordinance). Accessory Uses The following uses shall be perm~ed as accessory uses: 1) Any use customarily incidental and subordinate to the principal use it D) Lot end Bulk Standerd~ 1) Maximum Heidht Maximum height of building related features shall not exceed ¢r~ty (50) feet, except that structural appurtenances, such as towers, chimneys, and mechaeical equipment may be allowed to exceed this limit. ~ 2) Land Ama Covem~m a) Land area coverage Dy building related features and vehicle related features shall not exceed the maximum limits established in this section_ Land area for open space related features shall not be Jess than the minimum limits established in this section. b) The following table sets forth the maximum and minimum land area coverages for various lot sizes. Total Lot Area 0 - 5 acres - Maximum percentage of total let area available for lot area coverage by building related features: 50% Combined maximum percentage of lot area avafiable for land area coverage by building and vehicle related features: 60%. Minimum percentage of total lot area to be established in open space features: 40%. Total Lot Ares: 5.01 to 10.00 acres; Maximum percentage of total lot area available for lot area coverage by building related features: 55%. Combined maximum percentage of lot area available for land area coverage by building and. vehicle related features: 65%; Minimum percentage of total lot area to be established ia open space features: 35%. Total Lot area: 10.01 to 20.00 acres: Maximum percemage of total lot area available for lot area coverage by building related features: 60%; Combined maximum percentage of lot area available for land area coverage by building and vehicle related features: 70%. Minimum percenrage of tutal lot area be established in open space features: 30%. : - Tatel Lot ares: 20.01 plus. - Maximum percentage of total lot area available for tot area coverage by building related features: 65%. Combined macJmum percentage of tst area available for land area coverage by building and vehicle related features: 75%. - Minimum percentage of total lot area to be established in open space features: 25%. - .......... 3)~ Development on each mt is regulated by standards for esct- of four lot development zones showr on Attachment B. The position of each lot line relative to adjacem lots, streets, public open space and - existing topography establishes the type of zone which has been designated for each lot line. The degree to which building related,, vehicle related, and open space related features may be .developed in each zone is established In -accordance¢ with the se~on diagrams included as Attachment C, parts one through five. Abbreviations used on the diagrams include: -., BR: Building related features VR:. Vehicle related features OS: * Open space related features Basic Zones deesdptions: .: .. "A' Zone: Area between street fight-of- way line and 'B' Zone. Principally contains open space and a limited amount of vehicle reia[ea features. No buildin~c related features are allowed in this zone. 'A' Zones associated with major and minor stres~s are different. "B' Zone: Major:ares inside the "A", 394 Regular Session, November 2, 1998 "C", anc "D" Zones. Principally con[ams building and vehicular related features with a lesser amount of open space. "C" Zone: Area between me public open space (back or side) lot lines and the"B" Zone. Principally contains open space and a limited amount of vehicle related features. 'D" Zone: Area associated with a ct line separating ~vo cts. Principally contains aden space and a limited amount of vehicle related features. E) District Standards Each use shall be planned, designed, constructed, operated and maintained ~n such a manner as to comply with the diatdct standards of the Pi Planned Industrial District and the following: 1) Rei3uired Caen So, ce Develoomem' a} Plant Materials. The ooee space area of each lot shall be planted with permanent lawn and grouno covers, shrubs ana trees. These plantings shall be designed to perform the functions and ouraoses set forth in Guidelines for the Selection 'of Plant Materials (Attachment D). The installation of required planting materials may be phased in direct proaortJon to the phasing of butiding construction All exposed soil areas remaining after the construction of the building and vehicle related features shall be planted with a permanent ground cover to arevent erosion. The area be~vceen the 9aver public street and the right-of-way line shall be planted and maintained by the lot owner. b' Pedestrian Areas. Permanent hard- surfaced walkways shai] be installed aha maintained for the purposes'of pedestrian movement between all parking areas and functioning entrances and ex~ of the buildings. 2; Control of Vehicle Related Features a) 'Parking Spaces Reeuired. Each developed lot shall provide a minimum number of off-street :~arking spaces for employees and visitors. The number of spaces required shall be in accordance with Section 4-2 of the Zoning Ordinance. Where comoutation of reauired off- street parking spaces results ir a fractional number, the required spaces shall be the next higher whole number. All off-straat parking spaces shall be ocatad on the same lot as the bu,ding for which such spaces are required or on an adjacent lot in ~ location which is not faKher than three hundred feet from the butiding served. Parking spaces provided for overnight storage of company-ownea commercial vehicles shall be in addition to the minimum required number of spaces. b) Loading Spaces Required. A minimum number of required off-street loading soaces shell be provided on each developed lot as established Dy applicable arovisions of the City of Dubuque Zoning Ordinance enforced at the time of development of the lot. c) Phased Construction of Buildings, Parking Spaces and Loading Spaces. The construction of off-street parking saaces and coding spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking or loading spaces shall not reduce the minimum required area for open space. d) Location of Vehicle Related Features on the Lot. The grouna location of all vehicle related features is controlled by the provisions of Section 4 3 Lot Development Zones. e) Design. Ali vehicle related features shall be surface with a hard, all- weather, durable, dust-free surfacing material. Proper drainage of storm water shall be provided. All parking and loading spaces shall be delineated on the surfacing material by painted strides or other permanent means. Widths and lengths' of parking and loading spaces shall be governed by applicable provisions of- City of Dubuque Ordinances'enforced at the time of development of the lot The number size, design and location of parking spaces designatec for handicapped ddvers shall be according to local, state or federal requirements in effect at the time of develepmenz. The location of driveway intersections with public streets shall be established bythe City of Dubuque. Reverse movement maneuvering of delivery vehicles between the lot and minor cuPde-sac--streets is allowable. No on-street maneuvering ct delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide ali necessary maneuvenng space for delivery vehicles within the confines of the lots. 0 Loading Doors and Docks. '~ All loading (shipping and receiving of raw and manufactured goods) doors and docks shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. No visually e×aesee Reqular Session; Novemb~ 2~ 1998 395 platform docks shell be allowed, except within fully-screened storage areas. Extedor loading and unloading of vehicles is allowed wfthin screened exterior storage areas. 3) Utility Location a) Service Lines. All electrical, telephone, television cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical Equipment All electrical transformers, swftching gear, relay boxes, meters, sir conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielded from view from public streets in the Dubuque Industdsi Center..Constructed fencing or walls and plant materials may be used [o visusily screen such mechanical equipmem:. 4) Sfte Si~nac~e a) Applicability of City of Dubuque Ordinances. The provisions ofthe City of Dubuque Zoning Ordinance and Sign Ordinance apply to the construction and maintenance of signs, unless further regulated by this section. b) Off-premise Signs. No off-premise s~gns shall be erected or constructed the Dubuque Industrisi Center or on any of the private lots or buildings within the Dubuque Industrial Center. c) On-premise signs. 1. Allowable conteeL Signs, messages and graphics shall be limited to the fo[Iow~n g contents: Pfiman/SigR - iden~cation sf company name' - iden~cation of company products or services by genedc name onry - street address - graphic symbol or logo identified with the company Secondary Sign - directitionsi messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the - identification of visitor en~zancss the building, shipping and receiving docks and other delivery points identification of assigned paddng spaces and handicapped accassibility -temporary announcements of pending or new construction - - commemorative messag2s. 2. Maximum number sfsigns. The number of primary signs shsil not exceed Nco for each premises or IcL No mammum number of secondary signs is established. 3. Maximum ares of sign panel. If a pamary sign is building-mounted, its total area shall not exceed 15% of the area of the building wall upon which it is mounted. If the primary sign is freestanding, its maximum area shall not exceed the followfng: Lot Area (Acres) 0-5 Maximum Primary Sign Area (Square =eat): 30 Square Feet .at Area (Acres) 5.01 to 10 Maximum Primary Sign Area (Square Feet): 50 Square Feet Lot Area (Acres) 10.01 to 20 Maximum Pdmary Sign Area (Square Feat): 70 Square Feet Lot Area (Acres) 20.01+ Maximum Primary Sign Area (Square Feet): 90 Square Feet The area of double-faced freestanding signs shsil Be computed as the area of a single face only. No maximum cumulative area is established for secondary s~gns; however, no single permanent seceeda~y sign shall exceed six feet in 4. Allowable structural types. Pr;mary and secondary signs may be mounted on exterior wails of buildings or may be freestanding. No signs shsil be mounted on roofs or above any eave or parapet of 8 building. All building- mounted signs shall be flushed mounted on the wall and no projections beyond one (1} foot shall be allowed. The determination of area of signs composed of separate elements shsi[ be the area of a rectangle that complatsiy encloses all such elements and/or corporate iden~cation devices. 5. Sign locations on lots. Pdmarysigns may be located only in-the area enclosed by the street right-of-way line the line formed by the street facade of the building and the side let lines. Secondary signs may be located anywhere-on the lot and on any building facade. Nc signs may project in space over a street right-of-way line or onto another lot ' 6. Height regulations. Primary signs and their suppor~ng strocture(s) shsi~ not extend upward to an elevation higher than the roof line of the be~ding which is served by the sign. Freestanding secondary signs and their supporting structure(s) shall not be higher than five (5] feet above adjacent ground level. Buildin_c mounted secondary signs shall not be higher than eight [81 feet above the ground level at the building. - . _ 7. Lighting. :Primary signs-may be illuminated only by means 'of indirect lighting whereby all light sources and devices are shielded from view by 396 Regular Session, November :2, 1998 opaque or translucent mateflals. Secondary signs sha[J not be illuminated. 8. Motion. No signs may include any device or means, mechanical electrical or nazura[, which shall cause any motion of the sign oane~ or any par~ thereof. No flashing lights or changing colors shall be a[[oweo. 5) Storm Water Manaeement a) Existing Watersheds. The area of watersheds after development shall remain the same as pre-development watersheds, or as directed by the Public Works Deear[ment of the Cb of Dubuque. b) Storm Water Conveyance. The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the kit to existing storm sewers or To towline of open drainageways outside the lot in a means that is satisfactsr,' to the Public Works Depar[men[ of the City of Dubuque. 6) Site Liqhtinq a) Types. Exterior illumination of the site shall be limited to the illumination of: 1. Parking areas. ' driveways, and loading facilities. 2. Pedestrian walkway surfaces and entrances to building. 3. Screened storage areas. 4. Building exterior. b) _ocstJon and Design. All exterior lighting shall be designed, installed and maintained so as not to cause direct glare er to shine into adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot canape /MI extedor lighting luminairss shall be designed ,anc installed to shield light from the luminaire at angles above 72 aegress from vertical Fixtures mounted on a building shall not be positioned higher man the roof line of the building. Post-mounted freestanding fixtures shall not be higher than thirty feet above the ground.-.'--:' 7) Ooerations within Enclosed Buildinos : -_ All operations and activities shall be conductec er maintained within compietsly encloeed buildings except:. a) Off-strest parking and loading spaces. b) Employee recreational faci[ltiss. c'. Outdoor or exterior storage. 8) -F~erior Storaee and Trash Collection Areas a) Allowable Types of Storage. Exterior storage is oermit[ed only for raw and processec goods, equipment and o[ner materials related to the principal activity of the lot The storage of trash and debris shall be limited to that produced by the principal permitted use of the lot. No outdoor storage of materials or trash which could be blown into the air or strewn about bythe wind shall be permitted. b) Locadon and Area Coverage of Exterior Storage and Trash Collection. The location of exterior storage and trash collection areas is controlled by provisions of Section 4.3 Lot Development Zones. The ground area coverage of extedor storage and trash collection areas shall be the area contained inside the required screening and this area shall be considered to be a building relsted feature for purposes of calculating total land area c) Screening of Extedor Storage and Trash Collection Areas. All exteitof storage and trash collection areas and the materials contained therein shall be visually screened ;rom wew." The screening sbe[I be a compietaly opaque fence, wall, or other feature not exceeding e height of ten feet measured from the ground level outside the line of the screen. Screen structures built on sloping grades shall be stepped, so that their top tine shall be horizontal Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Colors of the screen shall match those of the building. All exterior entrances to a screened storage or trash area shall be provided with a gate or door of similar design to that of the screen. Gates or doors facing a street frontage or the Northwest Ar[erial shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. f a ten foot high screen fails to shield the exteder storage or trash collection area from view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant materials shall be selected and designed so that they will eventually screen the area from ail off-site visibility;;. In such cases, 'if initial plantings are of s'rx (6) foot height or greater, the requirements for other opaque screening shall be omitted. F) Transfer of Ownership Transfer of ownership or lease of property in this PUD District 'shall include in: the transfer or lease Reqular Session, agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the distdct G) Modifications Any modifications of this Ordinance must be approved bythe City Counci~ in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. H) Recordiqg A copy of this ordinance shall be recorded at the expense of the property owners(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten [10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission df the City of Dubuque, iowa Section 4. Section 2 of Ordinance No. 49-80, Ordinance No. 39-82, Section 2 of Ordinance No. 6-89, and Ordinance No. 88-90 are hereby repealed. Sectior 5. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 2nd day of November, 1998. Torrance M. Duggan, Mayor Attest Mary A: Davis, City Clerk ACCEPTANCE OF ORDINANCE NO. 69-98 In-Futura, an Iowa Corporation, hereby accepts the terms and conditions of Ordinance No. 69-98 and agrees to the conditions required therein. Dated this 16th day of November, 1998. Ir~-Futuro By/s/Kathryn Krieg, President ~ublished officially in the Telegraph Herald newspaper this 23rd day of November, 1998. Maw.A- Davis CMC, City Clerk It 11/23 BuLl moved final consideration and passage of the Ordinance. Seconded by Nichblson. Motion carded 5-0. Proof of publication 2editied to by the Publisher on Notice To consider adoption of the Highway 20 Land Use Plan and City Manager recommending approval of Plan presented and read. Patti Cart, of 1950 St. Josepn St. November 2, 1998 397 spoke to various specifics of this proposed Plan. Bubl moved that the proof and communication be received and tiled. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 489-98 RESOLUTION OF THE CITY OF DUBUQUE, IOWA PERTAINING TO ADOPTION OF THE HIGHWAY 20 LAND USE PLAN. Whereas, the City Council has directed the Long Range Plannng Advisory Commission to conduct a land use planning process for the Highway 20 corridor from Bluff Street to Cherokee Drive/Cctlins Street; and Whereas, the Long Range Planning Advisory Commission has conducted this land use planning process and held a public hearing on the Highway 20 Land Use :~lan for the Highway 20 corddor from Bluff Street to Cherokee D dve/Cbllins Street NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF DUBUQUE, IOWA: Section 1. That the Highway 20 Land Use Plan for the Highway 20 corridor from Bluff Street to Cherokee Drive/Collins Street is hereby adopted. Section 2. That the Dubuque Comprehensive Plan is hereby amended ~o include said Highway 20 Land Use Plan. Passed, approved and adopted this 2nd day of November, 1998. Terrance M. Duggan, Mayor Art's( Mary A: Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nichblson. Motion carded 5-0.. Proof of publication cerafied to by the Publisher on Notice of Heanng on Plans & Specs. for Construction of Curb Ramp Instailation- 17th Street Area; A Resolution Adop~ng Plans & Specs. for project;, Proof of publication certified to by the Publisher on Notice to Bidders 'of' 'Receipt of Bids for project; City Manager recommending to award contract f~Jr bids; A Resolutior Awarding Contract for project ro Renaissance of Dubuque Corp. in the amount of $51,696.51, presented and read. Buol moved that the proofs and resolutions be received and tiled. Seconded by Nichoison Motion carded. 7-C. Dave Welt~ 5f Wetu Printing' Co. at 17th and Central, spoke requesting various changes to the proposed Plans. Nicholson moved that this matzer be 398 Regular Session, November 2, 1998 tabled. Seconded by Micha[ski. Motion. carried 5-0. Roger's Auto Salvage requesting to address the Council on proposeo salvage yard -elocation regarding screening requirements, presented and read. Buol moved that the communication ~e received and filed. Seconded by Nicholson. Motion carried 5-0. Roger Kunde spoke to this matter requesting clarification of screening requirements. Wayne Buchholz of the IDNR spoke of Roger Kunde's request for plantings, also informing them that a DNR Planner will be giving direction for plantings' specifications at aater date. City Manager recommending a change in the procedures governing loans made from the Enterprise Opportun~ Program (EOP), presented and read. Vlicha[ski moved that the communication De received and filed and recommendation approved. Seconded by '4icholson. Motion carried 5-0. City Manager submitting .revised ordinance establishing City Enterprise Zone Commission and recommending Council appoint a representative of the Cit7 Council. which may not be a C~ Council member, a member of the Long Range Planning Commission and a representative of an international labor organization to the Enterprise Zone Commission, presented and reae. Buol moved mat the communicafion de 'eceived and filed. Seconded by ~icho[son. Motion carried 5-0. An Ordinance Amending Chapter 15 of City Code of Ordinances by adopting a new Article V Enterprise Zone Commission in lieu thereot pertaining to the Establishment of e City Enterprise Zone Commission and providing for the composition, duties, organization and preceoures for such Commission presented end read. Buo[ moved that this be considered the first reading only of the Ordinance. Seconded by Nicholson. Motion carded 5-0. City Manager recommending that the Dubuque Corpora[e Center Economic Development Tax Increment District be closed out. presented ano read, MichalsM moved that the communication be received eno tiled. Seconded by Nicholson. Motion carded 5-0. An Ordinance Repealing Ordinance No. 22-91 which established the Tax increment Financing District for the Dubuque Corporate Center Economic Deve[opmen~ District 9resented and teac. Michalski moved that this be considered the first reading of the Ordinance. Seconded by Nicholson. Motion carded 5-0. A Resolution Rescinding Resolutior No. 88-91 establishing the Dubuque Corporate Center Economic Development District and terminating the Economic Development Plan with respect to said District, presented eno reaa. Michalski moved that action on this be deferred to the 1%16-98 Council Meeting, Seconded by Nicholson. Motion carried 5-0. City Manager submitting documents providing for construction of Dubuque Greyhound Park & Casino - Parking Lot. presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison Motion carded 5-0. RESOLUTION NO. 490-98 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, saecifications, form of contract and estimated cost for the Dubuuue Greyhound Park and Casino - Parking Lot, in the estimated amount of $295,300.00, are hereby approved and ordered filed in the office of the City Clerk for public inspe~on. - Passed, aoopted and approved this 2nd day of November, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 491-98 FIXING DATE OF NEARING ON PLANS AND SPECIFICATIONS Whereas. the City Council of the City of Dubuque, Iowa' has given ~ts preliminary approval on the proposed plans, seecifications, and form 'of contract and placed same on file in the office of the City Clerk for public inspection of the Dubuque Greyhound Reqular Session, NovembG~' 2, 1998 Park and Casino - Parking Lot NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of December, 1998, a public headng ,Mit be held at 7:00 p.m. in the Public Ubrary Auditorium at which time persons may appear and be heard fo or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general simuJa~on in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the headng, any interested person may appear and file objections to the proposed plans, specifications contract, or estimated cost of the improvement. Passed, adopted and approved this 2nd day of November, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Rssolution. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 492-98 ORDERING BiDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Dubuque Greyhound Park and Casino - Parking Lot is hereby ordered to be advedJsed for bids for construc~oo. BE IT FURTHER RESOLVED, that the amount ef 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. Tha[the CH Clerk is hereby directed to adverse for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the CH of Dubuque, Iowa, which notice shsil not be less than four days nor more than forty-tire days prior to the receipt of said bids at 2:00 p.m. on the 24th day of November, 1998. Bids shall be opened and'read by the City'Clerk at said time and vail be submitted to the Council for tinal action at 7:00 p.m. on the 7th day of December, 1998. paSSed, adopted and approved this 2nd day of November, 1998. 399 Torrance M. Duggan, Mayor Attest MaryA, Davis; City Clerk Buol moved adoption of the Resolu'don. Seconded by Nicholson. Motion carded 5-0. City Manager subm~ng documents providing for Construction of Bunker Hill Golf Course Waetewater Pump Station and Force Main Project, and read. Michalski moved that the communication be received and filed. Seconded by Nichotson. Motion carded 5-0. RESOLUTION NO. 493-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CFFY COUNCIl_ OF - THE CITY OF DUBUQUE; IOWA: That the proposed plans, specifications, form of contract and estimated cost for the BUNKER HILL GOLF COURSE WASTEWATER PUMP STATION AND FORCE 'MAIN PROJECT, in the estimated amount of $43,000, are hereby approved and ordered tiled in the office of the City Clerk; for public inspection. Passed, approved and adopted this 2nd day of November, 1998. Terrance M. Duggan, Mayor Attest Map/A. Davis, City Cork Michalski moved ado¢on of the Resolution. Seconded by Nicholson. Motion carried 5-0. , ~ RESOLUTION NO, 494-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS WHEREAS, the City counc, of the City of Dubuque, Iowa has given its preliminary approval on ne proposed plans, specifications, and form of contract and placed same on file in the office 0f'the City Cterk for public inspection of the BUNKER HILL GOLF COURSE -WASTEWATER PUMP STATION ~: AND FORCE: MAIN PROJECT.: NOW, THEREFORE, BE' IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 7th day of December, 1998, a hearing will be held at 7:00 ).m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and :'specifications, form of 'contract and cost of Said ~mprovement,:-and the City Clerk be and is hereby directed to eaUse a notice of time and place of such hearing to be published in a newspaper 400 Regular Session, November 2, 1998 having general circulation in the City of Dubuque, Iowa which notice shall be no[ less than four days nor more that twenty days prior to the day tixed for its considerafion. At the headng, any interested person may appear and file objections [o the proposed plans, specifications contrac[, or estimated cost of the improvemenL Passed approved and adopted this 2nd day of November 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Cit7 Clerk Michalski moveo adoption of the Resolution. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 495-98 ORDERING BIDS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, iOWA: That the BUNKER HILL GOLF COURSE WASTEWATER PUMP STATION AND FORCE MAlE PROJECT is hereby ordered m be adveCdsed for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall De in an amount which shale conform to the orovisions of the notice to bidders hereby approved as a part of+he plan~ and specifications heretofore adopted. That+he City Clerk is hereby directed to advertise for bids for+he construction of the improvement~ herein provided, to be uublished in a newspaper having genera circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more man ~ven~y days drier to the receipt of said bids at 2:00 p,m. on the 24th day of November, 1998 Bids shail be opened and read o, the City Clerk at said time and wil be submitted to +he Council for final action at 7:00 p.m, on the 7+h day of December 1998. Passed approved and aoopted this 2nd day of November 1998. Terrance M. Duggan, Mayor Attest Mary A. Davis. City Clerk Michalski moved adootion of the Resolution. Seconded by Nicholson. Motion carried 5-0. City Manager subm~ing documents providing for construction of South Fork Interceptor Sewer Extension - Phase III, presented and read Buol moved that the communication ce received and tiled. Seconded by Nicholson. Motion carried 5-0. RESOLUTION NO. 496-98 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, forrr of contract and estimated cost for the South Fork Interceptor Sewer Extension - Phase III, in the estimated amount of $1,015,661.98, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 2nd day of November, 1998. Terrance M. Duggan, Mayor Attest: MaP/A. Davis. City Clerk ' Buol moved adoation of the Resolution. Seconded by Nicho[son. Motion carried 5-0. RESOLUTION NO. 497-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of+he City of Dubuque, Iowa has given its preliminary approval on +he proposed plans, specifications, and forrr of contract ano placed same on file in the office of the City Clerk for public inspection of the South Fork Interceptor Sewer Extension ~ Phase IlL NOW THEREFORE, BE IT ~ESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7+h day of December, 1998. a publi? 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 +he 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 qeadng to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be nat less than four days nor more than ~wen~y days pdor to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the ereDosed plans, specifications, contract, or estimated cost of the improvement ' - . Passed, adopted and approved this 2nd day of November, 1998. Terrance M. Duggad, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoptio~ of * the Resolution. Seconded by Nicho[son. Motion carded 5-0. Re.qular Session, November 2~ 1998 RESOLUTION NO. 498-98 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CiTY OF DUBUQUE, IOWA: That the South Fork Interceptor Sewer Extension - Phase iii is hereby ordered to be adver~sed for bids for construc~on. BE IT FURTHER RESOLVED, that the amount of the securffy to accompany each bid shell 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 C~ Clerk is hereoy directed to advertise for bids for the construction of the improvements heren provided, to be published in a newspaper having general circulation in the C~ of Dubuque, Iowa, which notice shatl not be less than four days nor more that forty-five days pdor to the receipt of said bids at 2:00 p.m. on the 25th day of November, 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 7th day of December, 1998. Passed, adopted and approved this 2nd day of November, 1998. Terrance M. Duggan, Mayor At, est Mary A: Davis, Cfty Clerk BuoI moved adoption of the Reeolution. Seconded by Nicheleen. Motion carded 5-0. RESOLUTION NO. 499-J8 Whereas, the City of Dubuque has been negotiating With the owners of record for right-of-way and easemeezs necessary for the South Fork Interceptor Sewer Extension - Phase )~J; and Whereas, the C~ of Dubuque has not been successful al~er reaeenable attempts in its efforts to negotiate a sale and purchase pdce for the required right-of-way; and Whereas, the City of Dubuque finds and determines that eminent domain proce, ed~ngs should be insff~utec' to acqmre the needed right-of-way and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of-Dubuque, Iowa, for acquisition of the followng lots or portions thereof as follows: 1. Lot i 4 and 5 ~f Green Valley Farms Subdivision in Sections 32 and 33, 401 TSgN R2E, 5th P.M. Dubuque County. 2. Part of NWl/4, NEll4 of Section 32, T89N, R2E, 5th P.M. Dubuque County. 3. Lot3 of El/2 NWl/4, NWl/4 SW1/4, and part of Lot 2 of the SWl/4, NWl/4 in Section 32, T89 R2E, 5th P.M. Dubuque County. 4. Lot I of Siegert's Place in Section ~2, T89 R2E, 5th P.M. Dubuque ,ounty. · Part of NEt/4, SE1/4 of Section 31, TSgN, R2E 5th P.M. Dubuque County. and that the Corporation Counsel be directed to institute said eminent domain proceedings forthwith for and on behaif of the City of Dubuque, Iowa. Sectior 2. That the Corporation Counsel be and is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings. Passed, approved and adopted this 2nd day of November, 1998. Terrance M. Duggan, Mayor Attest Mary A: Davis, C~ Clerk Buol moved adoption of the Resctution. Seconded by Nichoison. Motion carded 5-0. City Manager recommending ~o set November 16~h for a public headng [e?a~J.ng to? increment financng for ,,,omson ~ros. Company, presented and read. Michatski moved that the communication be received and filed. Seconded by Buel. Motion carded 5-0. RESOLUTION NO. 500-98 A RESOLUTION FIXING THE DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND EXECUTION OF AN ASSESSMENT_ AGREEMENT RELATING THERETO WITH MORRISON BROS. COMPANY, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Whereas, ~t is~ deemed necessary and advisable that the City of Dubuque Iowa, should issue Urban Renewal Tax Increment Revenue obligations, as authorized by Chapter 403 of the Cede of Iowa, and to enter into an assessment agreement relating thereto with Mordson Bros. Company, for the purpose of carCng out a project as hereinafter described; a~d Whereas, before s~id obligation may be approved, Section 403.9 of the Code ~f Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the 402 Regular Session, November 2, 1998 meeting ar which the City Council proposes to take action thereon and to receive oral and/or written objections from any resident or proper~y owner of said City to such action. NOW THEREFORE, 3E IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the C~/ Council meet in the Auditorium of the Carnegie Stout Public Library in Dubuque, Iowa, at 7:00 p.m. on the 16th day of November, 1998, for the purpose of taking action on the matter of the issuance of Urban Renewal Tax increment Revenue obligations and the execution of an Assessmen[ Agreement relating thereto with Morrison Bros. Company, the proceeds of which will 3e used to carry out certain of the special financing act~vitiss described in the East 7th Street Economic Development District Urban Renewal Plan, donsisting of the funding of economic developments grants to said developer pursuant to an Assessment Agreemen~ entered into with said devekiper under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue oDugations will be $232,140 but that amount may vary due to assessment increases and tax rate adjustments. Section 2. That the Clerk is hereby directed to cause at least one oubiicsticn to be made of a nofice of said meeting, in a idga[ new~paper, erinted wholly in the English language, published at least once weekly, one 3aving generai circulation in said City, said DUDIicatkin to be not less than four clear days nor more than twenty days Defora the date of said public meeting on the issuance of said obligations. Section 3. That the notice of the proposed action to issue - said obligations shall be in substanfia[ly the form attached hereto. Passed, approved and aooptad this 2nd day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk NOTICE OF MEETING OF THE COUNCIL OF THE CiTY OF DUBUQUE. IOWA ON THE MATTER OF THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND EXECUTION OF AN ASSESSMENT AGREEMENT RELATING THERETO WITH MORRISON BROS. COMPANY AND THE HEARING ON THE ISSUANCE THEREOF. ~UBLIC NOTICE is hereby given that the Council of the City of Dubuque Iowa, will hold a public hearing on the 16th day of November, 1998 at 7:00 p.m. in the Carnegie Stout Public Library Auditorium 360 West 11th Street Dubuque, owa. at which meetin.c the Council proposes to take additional action for the issuance of Urban Renewal Tax Increment Revenue obligatiens and execution of an Assessment Agreement relating thereto with Morrison Bros. Company, in order to carry out certain of the special financing activities in the East 7th Street Economic Development Distdct Urban Renewal Plan, consisting cf the funding of economic development grants to said developer pursuant to an Assessment Agreement entered into with said develoeer under [ne terms and conditions of said Urban Renewal Plan. t is expected that the aggregate amount of the Tax Increment Revenue obligations will be $232.140 but that amount may vary due to assessment increases and tax rate adjustments. At the above meeting, the Council shall receive oral and written objections from any resident or propemJ owner of said City, to the above action. After all objections have been received and considerac, the Council will at this meeting or at any adjournment thereof, take additional ac'don for the issuance of such Tax Increment Revenue obligations or will abandon the proposal. By order of the Council said hearing and appeals therefrom shall be held in accordance with aha governed by the provisions of Section 403.9 of the Code of Iowa. This notice is g~ven by order of the Council of Dubueue, iowa, as providec by Sections 403.9 of the Code of iowa. Code Section 403.9 shall govern this meeting and action taken thereat Dated this 2nd day of November 1998. MaryA. Davis -' - "' City Clerk of Dubuque, cwo Michalski moved that adoption of the Resolution and set this Hearing for 1t- 16-98 at 7:00 p.m. in the Public Library Auditorium at 7:00 e.m. in the Pub[ki Library Auditorium. Seconded by Buol. Motion carried 5-0. ~ - City Manager recommendin_c to'set November 16th for a public hearing retatin~c to tax increment financing for Swiss Valley Farms Company, presented and read. Markham moved that the communication be received and fled. Seconded by Nichclson. Reclula~r Session Novembe~ 2 1998 Mofion carded 5-0. RESOLUTION NO. 501-98 A RESOLUTION FIXING THE DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND EXECUTION OF AN ASSESSMENT AGREEMENT RELATING THERETO WITH SWISS VALLEY FARMS COMPANY, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF. Whereas, it is deemed necessary and advisable that the C;'[Y of Dubuque, Iowa, should issue Urban Renewal Tax Increment Revenue obligations, as authorized by Chapter 403 of the Code of Iowa~ and to enter into an assessment agreement raiating thereto with Swiss Valley Farms Company, for the purpose of carrying out a project as hereinafter described; and Whereas, before said obligation may be approved, SeCbon 403.9 of the Code of IoWa requires that the C~ Clerk publish a notice of the proposal and of the time and place of the meeting at Which :the City Council proposes to take action thereon and to receive oral and/or wdtten objections from any resident or property owner of said City to such action. NOW THEREFORE, BE IT RESOLVED BY THE CrFY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the C~ Council meet in the Auditorium of the Carnegie Stout Public Library in Dubuque, Iowa, at 7:00 p.m. on the 16th day of November, 1998, for the purpose of taidng action on the matter of the issuance of Urban Renewal Tax increment Revenue obligations and the execution of an Assessment Agreement relating thereto with Swiss Valley Farms Company, the proceeds of which will be used to carry out certain of the special financing activ~es described in the Swiss Valley Economic Development District Urban Renewal Plan, conaistJng of the funding of economic developments grants to said developer pursuant to an Assessment Agreement entered into with said developer under the terms and conditions of said Urban Renewal Plan. it is expected that the aggregate amount of the Tax Increment Revenue obligations will be $168,940 but that amount may vary due to assessment increases and tax rate adjustments. Sec~oa 2. That the City Clerk is hereby directed to cause at least one Publication to be made of a notice of said meeting, in a lega newspaper, pdnted who y in the English language, published at least once weekly, and general circulation in said City, to be not less than four nor more than twenty days date of said public meeting on the issuance of said obligations. - Section 3. That the notice of the proposed acfion to iSsue said obligations shall be in substantially the form a~ached hereto. Passed, approved and adopted this 2nd day of November, 1998. TerranceM. Duggan Mayor Attest: Mary A. Davis, City Cerk NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND EXECUTION OF AN ASSESSMENT AGREEMENT RELATING THERETo WITH SWISS VALLEY FARMS COMPANY, AND THE HEARING ON 3-HE ISSUANCE THEREOF. PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, iowa, will hold a public heatlog on the 16th day Of N~vember, 1998 at 7:00 p.m. in the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa at which meeting the Council proposes to take addi~onai action for the issuance of Urban - Renewal Tax increment Revenue obiiga~ons and execution of an Assessment Agreement relating thereto_ :with Swiss Valley Farms Company, in order to carry out curtain Of the special financing ac~/f~ies in the Swiss Valley Economic Development District Urban Renewal Ptan, consisting of the funding of economic development grants to said developer pumuant to an Assessrdent Agreement entered into with said devaloper under the terms and condi~ons of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be $168,940 but that amount may vary due to asseSsment increases and tax rate adjustments. At the above meeting, the Council shall receive oral and written objections any resident or properly owner of the above action. After all have been received and considered, the Council ',,viii at this mee~ng or at any adjournment thereof, take edd~onai ac~on for the issuance Regular Session, November 2, 1998 of such Tax [ncremen~ Revenue obligations or will abandon the proposal. By order ortho Councit said hearing and appeals therefrom shell be held in accordance with and governea by the provisions of Section 403.9 of the Code of Iowa. This notice is given by order of the Council of Dubuque, Iowa, as provided Dy Sections 403.9 of[he Code of Iowa. Code Section 403.9 shall govern this meeting and action taken thereat Dated this 2nd day of November, 1998. '~lary A. Davis City Clerk of Dubuque Iowa Markham moved aaoptien of the Resolution setting this for Hearing on 11-16-98 at 7:00 p.m. in [he Public Library Auditorium and direct the City Cterk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 5-0. At 9:50 9.m. Michalski moved to go into Closed Session In accordance with Chaoter 21.5 1.(j) State Code of iowa 1997 as amended, To discuss the purchase of pa~cular rea] estate where premature disclosure could be reasonably expected to increase the price the governmental body would ~ave to pay for that proper~y. Seconded by Nicholson. Motion carried 5-0. Council reconvened Regular Session at 10:52 p.m. with Statement that staff had been g~ven proper direction. There being no further business Michalski morea to adjourn the meeting. Seconded by Buol. t4otion carried 5-0. The meeting adjourned at 10:53p.m - '- :-' - " _ Is/Mary A. Davis CMC "': ~ ~ u. City Clerk '¢ -Counoil M~mbers Ci~ C~erk ~ Reqular Session, November 16~ 1998 6O5 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, November 16, 1998 Council Met at 7:00 P.M., Public Library Aud'itodum Present Mayor Duggan, Council Members Buol, Markham, Micheiski, Nichotson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent at Roll Call: Council Member Voetberg. Mayor Duggan read the call and stated this is the Regular Session of the City Counml called for the purpose to act upon such business which may propedy come before the Council. Invocation was given by Msgr. William Leonard. PROCLAMATIONS - November 16- 22 as "Key Club Week" received by Amanda Culbertson, Sadie Meyer and Stephanie Welu; December 1, 1998 as "AIDS Awareness Day' received by Mary Rose Corrigan. MINUTES SUBMITTED -- Carnegie Stout Public Library Bd. of 9-24; Eteetficsl Code Board of 11-2; Housing Commission Trust Fund Comm~ee of 11-5: Park & Recreation Commission of 10-13; Zoning Board of Adjus~nent of 10-22, presented and teac. Buol moved that the minutes be receivec and tiled. Seconded by Nicholson. Motion carded 6-0. NOTICES OF CLAIMS/SUITS --Elizabeth L Gaskins vs. Cb of Dubuque & City of Dubuque Government Officials for physics and emotional damages etc.; Renee LeGrand for vehicle damages In amount of $576_67; Janet LeSanddni for son Tyler for personal injuries in undetermined amounT: Progressive Insurance by LeDeivic Peavy, subrogation claim for David Le~sch for $1,025.16 plus insureds' deductible for vehicle damages; Wm. J. McDermott fer property damages in the amt. of $837.40; Melvin A.. Reynolds for personal injury in amt. of $280.00, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for the investigation and report. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel advising following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Joshua J. Boffeli; Sewer back-up of Jeremy C. Frey; personal injury of Chris Johnson; vehicle damages of Joan Kruei; Janice McClein by David Leiqker, Esq. & James Heiferty, Est., presented and read. Buol moved that the communications be received and tiled. Seconded by Nicholson. Motion carried 6-0. . Corporation Counsel advising the following claim has been referred to Porizen Construction: property damage claim of William N. Brown presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 6-0. - Corporation Counsel advising the following claim has been referred to Renaissance Deveiapment . Co.: property damage claim of Pa~dck J. Kramer, presented and read. Buot moved that the communication be received and tiled. Seconded by Nicholson. Motion carried 6-0. _ City Manager recommending approval of an Agreement to 9ace a memedai stone in the grass circle of the cul de sac et the end of South Grandview un memory of Daniel J. Bockenstedt, presented and read. Michalski moved that the communication be received and flied and recommendation - approved. Seconded - by Nichoison. Motion carded 6-0. . City;i: Manager recommending approval cf a new Cooperative Winter Maintenance between the City ano County of Dubuque, presented and read. ,- Buol. moved that the communication be received and tiled. Seconded by - N choison. Motion carried 6-0. RESOLUTION NO. 502~8 RESOLUTION ' APPROVING COOPERATIVE' WINTER MAINTENANCE AGREEMENT WITH Regular Session, November 16, 1998 THE COUNTY OF DUBUQUE. Whereas. Chaeter 368 of the Code of Iowa was amended i~ I994 by Senate File 418 regarding secondary road responsibilities when proposed annexations include proper~y on only one side of an existing roadway; and Whereas, the City of Dubuque, Iowa and Dubuque County, Iowa agree that winter road maintenance spirt down roadways' cen~ertines is not cost efficient or practical; anc Whereas, the Cffy of Dubuque agrees to perform for Dubuque County winter maintenance operations on carrions of John -:. Kennedy Road, Middle Road and Peru Road: and Whereas, Dubuque County agrees to perform for the City of Dubuque winter maintenance operations on portions of English Mill Road. Radford Road Old Highway Road Seippel Road North Cascade Road. Riverside Drive and Lake Eleanor Road; and Whereas, ~r is necessary that the City of Dubuque and Dubuque County enter into an agreement regarding the winter maintenance on these roadways. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the City Council of the Cffy of Dubuque, Iowa hereby approve and direct the Mayor to sign the Agreement with Dubuque County for winter maintenance operstJons on said roadways. Passec, aeDroved and anopted this 16th day of November. 1998. Terrance M. Duggan, Mayor Mary A: Davis, City Clerk Buol moved adoption of the Resolution Seconded by Nichstsan. Motion carried 6-0. City Manager recommending approval of a supplemental agreemem between the IDOT ane the City for bidding cf the Cabte Car Sauare Historic Ligh~ng Project: presented and reac. Buci moved that the communication be received and filed. Seconded by Nicholsen. Motion carried 6-0. RESOLUTION NO. 503-98 RESOLUTION AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE CABLE CAR SQUARE HISTORIC LIGHTING PROJECT Whereas, the City of Dubuque isthe sponsor of a Transeorfation Enhancement grant for the Cable Car Square -[istoric Lighting Project awarded to Dubuque Main Street, Ltd.: and Whereas. Dubuque Main Street, Ltd wishes to bid the Cable Car Square Historic Lighting Project locally;, and Whereas, the iowa Depara'nent of Transportation will allow the Cable Car Square Historic Lighting Project to be bid locally after completion of a supplemental agreement with the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the Supplemental Agreement with the iowa Department of Transportation ~[o proceed with local bidding of the Cable Car Square Histodc Lighting Project. Passed. approved and adopted this 16th day of November 1998. Terrance M. Duggan, Mayor Attest: MaryA: Davis, City Clerk Buoi moved aaoption of the Resolution. Seconded by Nichcison. Motion carried 6-0. City Manager requesting approval to resubmit an application to the State Historic Preservation Office for a grant to conouct a survey, oresented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 504-98 RESOLUTION APPROVING' THE SUBMISSION OF AN APPLICATION FOR CERTIFIED LOCAL GOVERN- MENT FUNDING TO CONDUCT A HISTORIC PRESERVATION SURVEY. Whereas. the State HistoricAl Society of Iowa has announced the availability of CeriJfied ' ' Local Government (CLG) grant program funds; and Whereas, the evaluation and survey of 9roperties are eligible activities_for CLG funding; and Whereas, the State Histerical Society has advised that ~ historic preservation survey Is necessary for the renewa of a Memorandum-of Agreement between the State and City for the purposes of conducting local Section 106 reviews; and Whereas, the City of Dubuque Historic Preservation Commission has reviewed and endorsed the proposed historic suP/ay. NOW THEREFORE. BE iT RESOLVED BY THE CITY COUNCIl: 4O7 OF THE CITY OF DUBUQUE, IOWA: Section 1. That the submission of an agplicafion for Cer~ed Local Government Program funds to conduct a histodc preservation survey is hereby approved. Section 2. That the Mayor is authorized and directed to sign and submit said applicafion to the State Historical Society of Iowa. Section 3. That the City Manager is authorized to utilized Community Development B~ock Grant Funds to provide the required local match should the applisafion be approved by the State Historical Society of Iowa. Section 4. Tbet the City of Dubuque agrees to abide by all local, state and federal requirements applicable to the Ced~ed Local Government Grant Program. Passed, approved and adopted this 16'th day of November, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buol moved adopfion of the Resolution. Seconded by Nichoison. Mofian carded 6-0. City Manager recommending acceptance of the Louise and Louella Sanitary Sewer and Watermaln Extension Project, presented and read. Buol moved adoption of the Resolution. Seconded by Nicbeison. Mofion carded 6`0. RESOLUTION NO. 505-98 ACCEPTING IMPROVEMENT Whereas, the contract for the Louise and Loue~la Sanitary Sewer and Watermaln Extension has been completed and the City Manager has examined the work and tiled his cad.cate stating that the same has been completed according to the terms of the contract, pians and sbec~cafions ' and recommends, it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OFDUBUQUE, IOWA: Section 1. Thatthe recommendafion of the City Manager be approved and that said improvement be and the same is hereby accepted BE 1T FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. . Passed, approved and adagta~ this 16th day of November, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adap'don of the Resolu'don. Seconded by Nichoison. Motion carded 6`0. RESOLUTION NO. 506`98 FINAL ESTIMATE Whereas, the contract for the Louise and Louella Sanitary Sewer and Watermain Extension has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, noficas and inspe~on 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 ~mprevemeat is hereby determined to be $91,606.57 and the said amount shall be paid from the Sanitary Sewer Construcfior. Fund o7 the City of Dubuque, Iowa. Secfion 2. That $40,309.21 of the cost thereof shall be assessable upon pdvate property and $11,170.02 shall be paid frorr the Sanitary Sewer Construction Fund. Passec,, approved and adopted this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buo{ moved adoption of the Resolufion. Seconded by Nicbeison. Motion carried 6-0. RESOLUTION NO. 507-98 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR LOUISE AND LOUELLA SANITARY SEWER AND WATERMAIN EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS - INTO WHICH "ASSESSMENTS 'ARE DIVIDED, THE INTEREST ON 'ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND .TO - PUBLISH NOTICE THEREOF. NOW . THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That after full consideration of the final schedule of' assessments and accompanying plat showing assassmenzs proposed to be made for the construction of the Louise and 408 Regular Session, November 16, 1998 Loueila Sanitary Sewer and Watarmain Ex'tensior under contract with Drew Coek and Sons of Dubuque, Iowa, which final plat and schedule were tiled in the office of the City Clerk on the 11th day of November, 1998, the said schedule of assessments be and the same is hereby approved and adopted. That there be, anc is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of ssseasmen~s as deficiencies are found to be proper and evied condltional]y against the respective properties benefitted by the murovements as ShOWn in the schedule, subject to the provisions of Section 384.63 of the Code of iowa. Said assessments against said lots are hereby declared to be in proportion to the scecial benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to cert~ said schedule to the County Treasurer of Dubuque County, Iowa. and to publish notice of said certification once each week for two consecutive weeks in the manner providec in Section 362.3. the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a capy nf said notice to propers, owners whose propers/ is subject [o assessment, as arovided and directed in Section 384,60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the tirst publication of this notice of the filing of the tinal schedule of assessments with - the County Treasurer. After 30 days unpaid assessments of $50.00 or mare are payable in 10 annuaJ installments and will draw annual interest at 9 percent (commencing on the dat6 of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa Each installment will be delinquent from October 1 following its due date on July 1 of each year. Proper~y owners may electro pay any annual installments semiannually ' in advance. ' ' Passed, approved and adopted this 16th day of November 1998. Terrance M. Duggan, Mayor Attest: ~laryA. Davis, City Clerk SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS FOR LOUISE & _OUELLA STREET SANITARY SEWER EXTENSION The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each rut are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. NAME LOT DESCRIPTION ASSESSMENT MAPLE LEAF ADDITION Clauer. Robert b & Jolene R. &Bobbie Jean Haas Lot 3 $1,960.37 Clauer, Robert L. & Jalene R. & Bobbin Jean Haas Lot 2 $282.78 $1,677.59 Ciauer. Robert U & Jolene R. &Bobbie Jean Haas Lot 1 $732.17 $444.05 Valentine, Terry N. & Joyce S. Lot 5 & 6 $3.920.73 Kdeman, Audrey Lot7 $1,960.37 Stsokel. Craig & Elaine Lot 8 $1,960.37 Schalbrock, Kevin R. & Holly J. Lot 23 $2,274.02 Balk. Janet R. Lot 24, 25, 26, & E. 43'-27 $4,822.50 Fuerst, Robert A. W. 7' of Lot 27 & Lot 28 - , $2.234.8' Fuerst, RobertA. Lot 29 $1,960.37 Fuerst Robert A. NE'Iy 24' of Lot 30 $353.24 $587.74 Pitz. Dorrance M. S. Bal. - Lot 30 & 31 $2.979.76 Kreiman William E. & Diane L .... Obeffoell Let 32." $1,960.37 Kreiman: William E. & Diane L Obeffoeil Lot 33 $1,960.37 Kreiman, John R. Lot 34 & 35 - :z $7,253.35 Kreiman. John R. Lot 49 & 50 ~44 $1,368.19 $40,309.21 Buol moved adap~on :of the resolution Seconded ~by. Nicholson. Motion carded 7-0. City 'Manager' recommending ~ccsotance of the construction contract for the Kelly Lane/Pego Court Sanitary Sewer Extension Project, presentec and read. Buei moved that the communication be received and tiled. Seconded by Nicholson. Motion Reqular SesSion, Nb;~,~ ~G, i9~8 409 carried 6-0. RESOLUTION NO. 508-98 ACCEPTING IMPROVEMENT Whereas, the contract for the Kelly Lane/Pego Court Sanitary Sewer Extension has been completed and the City Manager has examined the work and filed his cedJficate stafing that the same has been completed according to the terms of the contract, plans and specificafions and recommends it NOW THEREFORE,- BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. Thatthe recommendation of the City Manager be approved and that said improvement, be and the same is hereby accepted. BE iT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Sanitary Sewer Construction Func in amount equal to the amount of his contract, Jess any retained percentage provided for thereto. Passed, approved and adopted this 16th day of November, 1998~ Torrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adopfion of the Resolufion. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 509-98 FINAL ESTIMATE Whereas, the contract for the Kelly Lane/Pego Court Sanitary Sewer Extension has been completed and the City Engineer has submitted his final estimate showing.the cost thereof including the cost of esitmates, notices and inspec§on and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL QF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $248,977.86 and the said amount shall be paid from the Sanitary Sewer Construction Fund of the City of Dubuque, Iowa. Semen 2. That $139,659.56 ~f the cost thereof shall be assessable uoon private property and $109,318.30 shall be paid from Sanitary Sewer Construction Fund. Passed, approved and adopted this 10'th day of November, 1998. - Torrance M Duggan, Mayor Attest: MaryA. Davis, City Clerk Buoi moved ~dopfion of the Resolution. Seconded by Nicholson. Motion carded 5-0. RESOLUTION NO. 510-98 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR KELLY LANFJPEGO COURT SANITARY SEWER EXTENSION INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after fuD considerefion of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Kelly Lane/Pego Court Sanitary Sewer Extension under contract with Northwes~em Development, Inc. of Dubuque, Iowa, which final plat and schedule were filed i~ the office of the City Clerk on the 11th day of November, 1998, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots. the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied canditicoai~, against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Seciton 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to .the special benefits conferred and nm ~n excess of twen:ty-tive percent of the value of same That the City Clerk be and is hereby directed to cert~ said schedule to the County Treasurer of Dubuque County, Iowa, and to publish ~efice of said cat. cation once each week for two consecutive weeks in the manna- provided in Seefion 362.~, the first publication of which shall be not more than ¢r~een days from the date of filing of the final schedule. On or before the I date of the second publication of the notice, the City Clerk shall also mail a 410 Regular Session, November 16, 1998 copy of said notice to proper(y owners whose proper[y is subjec[ to assessment, as provided and directed in Section 384.60 of the Code of Iowa That assessments may be paid ir full or n par without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer· After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest a~ 9 percent {commencing on the date of acceptance of the work) computed to the December I next following the due dates of the respective installments as provided in Sectiod 384.65 of the Code of Iowa. Each installment ,Mil be delinquent from October 1 follo,Mng its sue date on July 1 of each year. Property owners may elect to pay any annual installmen~s semiannually in advance. Passed approved and adopted this 16th day of November, 1998 Terrance M. Duggan, Mayor Attest:. Mary A. Davis, Cf[y Clerk SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS: FOR KELLY - LANE/PEGO · COURT SANITARY SEWER EXTENSION The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be ssssssec' against each rot and the valuation ShOWn opposite each lot are hereby fixed as the true valuations of such lets by the City Council of the Cb of Dubucue - . NAME L(~ TOTAL NET ASSESSMENT Atchison, Fieidon F, & Mary Jo. Lot-l-5-1 of Mark Heights $3 375.6~ Blum, W amG.&JudithG.- -' z~ Let 1-1-1-1 of Beverly Pinss-(E-150' only) $7.131.55 Burns Richard J. & Elsie A. Lot 2-2-1 of Beverly Pines $6,656.:~2 Chaloupka, Wayne & Donna Lot 2-1 of Mark Heights $3,803.49 Czarnecki. David B. & Phyllis. A. - - Lot 1-1 of Mark Heights $4,849.46 EM, Frederick F. III & Nanette Felix-Eft Lot %1 of Gerald Place $5,942.96 Hardso- Walter & Lois M. Lot 1-2-1-1- 1 o'~ Beverly Pines & Lot 1-1 of Peg-O- Mesa $4 183.84 Hemeseth, Carol A. ' ~'' · - :~ · Lot 1-2-1 of Mineral Lot 112 $4,754.37 Ihm, Gerald J. Lot 2 of Mark Heights (W 150' Only) $7.131.55 Kieffer, James P. & Julie Ann Lot 2-2-1-1-1 of Bevedy Pines & Lot 2 of Peg-O-Mesa $3,851.04 ~ Kramer, John P. & Jeanne M. , /Lot 2-1-1 of Bevedy Pines (E. 150 I only) $7,131.55 Laufenburg, Chds & Mary Lot 3-3 of Mark Heights $4,183.84 Mahmoud, Ruth F. Lot 3-1 & Lot 4-1 of Mark Heights (E 150' only) $7,131.55 Morehouse. William P. & Jane C. Lot 3-2-1-1-1 of Bevedy Pines & Lot 3 of Peg-O Mesa. $3,851.04 Pearson, Chades'J. & Annabelle Lot 4-2-1-1-1 of Bevedy Pines & Lot 4 of Peg-O Mesa $4,516.65 Sabers, Steve L. &~Leann B. Lot 2-1 of Gerald Place $6.418.40 Schilliing, Dennis F. & Julie K. Lot 1-2-1-1-1-1-1-1 of Mineral Lot 112 $6,489.71 Schmidt. Robert K. & Unda R. Lot 1-2 of Mineral Lot 118 ON 150' only) $7,131.55 Schnitzler, Virginia R. · ' Lot 1-2-3 of Mark Heights $3,755.95 Smith, Alice M. Lot 2-2-1 & Lot 2-3 of Mineral Lot 112 $5.538.84 Tart, Ofley & Jane E. Lot 1-3 of Mark Heights $5,857.70 Udelhofen, James b & Elizabeth L Wienen Lot2-2 of Mineral Lot 118 $7, 107.78 Walling, Donald R. & Bonnie Lot 2 of Gerald Place ON 150' only) $7,131.55 Welu, Thomas A. & Joan E. Lot 2-1-2 of Bevedy Pines $6.656.12 Zweck. Joseah & Paula Lot 2-2-1-1-1-1-1 _4 & Lot 2-1-1-1-1-1-1- of Mineral Lot 11 2 $527735 $139.659.56 City Manager recommend n[~ adopting of the final assessment schedule for the 1997' Asphalt Paving Project, presented and read. -Buci moved that the communication be received and tile~. -Seconded by Nicholson. Motion carded 6-0. ~ - RESOLUTION NO. 511-98 ..... A RESOLUTION ADOPTING THE FINAL- ASSESSMENT SCHEDULE FOR 1997 ASPHALT PAVING PROJECT (FY 1998} INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF ' IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL..-.INSTALLMENTS INTO WHICH ,~- ASSESSMENTS ARE DIVIDED, THE INTEREST ONALL UNPAID INSTALLMENTS, THE TIME Reqular Session, WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 1997 Asphalt Paving Project (FY 1998) under contract with Tschiggfde Excava'dng of Dubuque, Iowa, which final plat and schedule were 'filed in the office cf the City Clerk on the 5th day of October, 1998, the said schedule of assessments be and the same is hereby approved and adopted.- That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, futther, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective proposes benefitted by the improvements as shown in the schedule, subject to the provisions of Sec'don 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared m be in proporlJon [o the special benefits conferred and not in excess of twenty-Five percent of the value of same. That the City Clerk be and is hereby directed to cart~ said schedule to the County Treasurer of Dubuque County, Iowa= and to publish notice of said certification once each week for two consecufive weeks in the manner provided ir, Section 362.3, the first publica~on cf which shall be not more than fifteen says from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to. property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, al any time within 30 days after the da~e of the first publication of this ~otice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid essessmanrs of $50.00 or more are payable in 10 annual installments and will draw annual interest at 9 percent 411 (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may aiest to pay any annual installments semiannually in advance. Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest Mary A. Davis, City Clerk SCHEDULE OF FINAL ASSESSMENTS ALTA VISTA STREET The fallowing schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the Cdc together with the amount proposed to be assessed against each lot and the valuafioes shown opposite each lot are hereby fixed as the true valuations of such lots by the Cb Council of the City of Dubuque. ,: - .TOTAL NET PAVING ASSESSMENT UNION AVE. PLACE Dickinson, Richard E. & RaeAnn LOT 1-11 & LOT 2-12 ' ' $315.41 City of Dubuque City Alley $161.75 Pdest, John Bdan & Dana M. Lot 2 $524_87 Oeth, Thomas F. & Cadyn M. Lot 1 $655.08 A. P. WOODS KJauer, James J. Let 18, Lot 19, & N. 1/2- Lot 17 $571.25 Schmalz, Michael R. Jr. S. 1/2- Lot 17 - $202.18 Schmalz, Michael R. Jr. N. 45'-Lot 16 $363.93 Schmalz, Michael R. Jr. - Lot 14, Lot 15, & S. 5'-Let 16 $4?0 54 - . $3.315.01 Buai moved adopfian of the Resolution. Seconded by Nicholson. Motion carded 6-0. City Manager recommending acceptance of the Traffic Signal Installation for Canvers~on of Fourth, Fifth, Main and Iowa Streets [o Two- Way Traffic Project, presented and read. Buol moved thai the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. :- ~ RESOLUTION NO. 612-98 ' ACCEPTING IMPROVEMENT Whereas, the contract for the Traffic 412 Regular Session, November 16, 1998 Signal Installation for the Conversion of 4th. 5th. Main and Iowa Streets to Two- Way Traffic has ~ean completed and the City Manager has examined the work and tiled his certificate stating that the same nas been completed according to the terms of the contract. p~ans ana specifications and recommends it acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Sec'don 1. Thetthe recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE T FURTHER RESOLVED that rne City Treasurer be and he is heraDy directed zo ~ay to the contractor from Local Option Sales Tax Fund in amount equal to the amount of his contract less any retained percentage provided for therein. Passed, approved and adocted this 16th day of November. 1998. Terrance M. Duggan, Mayor Attest: Mary A: Davis, C~ Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 513-98 ' FINAL ESTIMATE Whereas. the contract for the Traff~c Signal Installation for Conversion of 4tn, 5th, Main and Iowa Streets to Two- Way Traffic has been completad and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and ali misce aneous 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 $102,068.40 and the sam amount shall be paid from Local Option Sales Tax Funds of the City of Dubuque, Passed, approved and adoDtad this 16th day of November. 1998 Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved ado¢on of the Resolution. Seconded by Nichaison. Motion carded 6-0.: ' City Manager recommending acceptance of the contract for the Storm Sewer modifications on Clarke Dr., presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO, 514-98 ACCEPTING IMPROVEMENT Whereas, the contract for the Storm Sewer Modification on Clarke Ddve has been completed and the City Manager nas examined the work and flied his ceCdficata stating that the same has been completed according to the terms of the contract, plans and specifications and recommends it acceDtance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section I Thai the recommendation of the City Manager r}e approved and that said improvement 'be and the same is hereby accepted BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from Street Construction Funds in amouR[ equal to the amount of his contract, less any retained percentage provided for therein. Passed. approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest: Mary A. Davis, CH Clerk Buol moved adoption-, of ': the Resolution. Seconded by Nicholson. Motion carried6-0. - RESOLUTION NO. 515-98 FINAL ESTIMATE" ' Whereas. the contract for the Storm Sewer Modification on Clarke Ddve has been como[eted and the CEy Engineer has submitted his-' final estimate showin~ the cost thereof including the cost of estimetes," notices and inspection and all miscellaneous costa; -'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 $32,656.49 arc the said amount shall be paid from Street Construction Fund of the City of Dubuque, Iowa.- ' Passed, approved and adopted this 15th day of November,-1998. -~*.;- "t: -' Torrance M. Duggan;:Mayor Attest Mary A. Davis, C~ Clerk Buol moved adoction of -"the Resolution Seconded by Nichoison. Motion carried 6-0. '~ --' -:" ', ' City' Manager recommending I acceptance of the contract for' the replacement of Chain Link Fencing in the . Kennel Area at Dubuque Greyhounc ' Park ' and Casino, Reqular Session, N0vember,~6, 1998 413 presented and read. Budi moved that the communication be received and flied. Seconded by Nicholaon. Motion carried 6-0. RESOLUTION NO. 516-98 ACCEPTING IMPROVEMENT Whereas, the contract for the Dubuque Greyhound Park and Casino Kennel Improvements has been completed and the City Manager has examined the work and flied his certificate stating that the same has been complated 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 That the recammendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Greyhound Park Depreciation and Improvement Fund in amount equalto the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest MaryA. Davis, CftyClerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 517-98 FINAL ESTIMATE Whereas, the contract for the Dubuque Greyhound Park Kennel Improvemems has been compiated and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspe~on 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 sa[d improvement is hereby determined to be $139,406_00 and the said amount shall be paid from the Greyhound Park Depreciation and improvement Fund of the City of Dubuque= Iowa_ Passed, approved and adopted this 16th day of November, 1998. Terrence M. Duggan, Mayor At,est:. MaryA. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. City of Asbury advising of voluntary annexation of proper~y lying within the Urbanized Area of the City of Dubuque - adjacent to Hales Mills Road as requested by Clement & Jeannine Hilby., and property on westedy Asbury Rd. as requested by Chuck Uskavitch, Jr., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. Ronald R. White requesting vacation of Com~ St. 100' N of 16th St down to 17th St including the alley way behind Lots 17, 18 & 19, presented and read. Buo] moved that the communication be referred to the City Manager and Staff. Seconded by Nicholson. Motion carried 6-0. John Sanner of 624 '4. Burden submitting- a pecan (8 names) requesting total reconstruction of N. Burden Ave. from end of Burden St W to the end of N. Burden Ave, and excluding sidewalks, presented and read. Buol moved that the communica~on be referred to the City Manager-and Staff. Seconded by Nicholson. Motion carried 6-0. Dr. Joe[ W. Morris & Joseph Link of the Dubuque Community Schools offering dedication of a school owned sanitary sewer, presented and read. Buol moved that the communication be referred to the City Manager and Staff. Seconded by Nicholson. Motion carded 6-0. City Manager ' recommending authorization of certain designated Fiscal Officers to execute Stock Sal& TransaciJons for the City,' presented and read. . Buol moved that the communication be received and tiled. Seconded by Nicholson. _ Metio~ carried.6-0: RESOLUTION NO. 518-98 -- RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE crrY OF DUBUQUE TO EXECUTE STOCK SALE TRANSACTIONS ON BEHALF OFTHE CITY OF DUBUQUE. - - Whereas, the City of Dubuque may receive gifts of stock from time to time; and Whereas, the City of Dubuque may be instructed to sell the gifted stock Regular Session, November 16, 1998 and use the proceeds for a specific purpose; and Whereas the City Council has dsterm~ed that the fiscal officers who may execute stock sale transactions on behalf of the City of Dubuque are Administrative Services Manager Pauline Joyce. Finance Director Duane Pitcher and Deputy Finance Director Gerald Hird. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Administrative Services Manager Pauline Joyca, Finance Director Duane Pitcher and Deputy Finance Director Gerald -~ird are hereby authorized to execute stock sale transactions on behalf of the City of Dubueue Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest: Ma~yA. Davis, City Clerk Buo. moved adoption of the Resolution. Seconded by Niche[sot.. Motion carried 6-0. City Manager recommending approval of named financial institutions to be eepositories of the City of Dubuque funds, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson Motion carried 6-0. RESOLUTION NO. 519-98 RESOLUTION NAMING DEPOSITORIES RESOLVEE. that the C~ Council of the City of Dubuque, Iowa Jn Dubuaue County, Iowa~ approves the follow~ng list of financial institutions to be depositories of the City of Dubuque, Iowa funds ir conformance with all applicable provisions of Iowa code Chapter 453.2. The City Treasurer is hereby authorized to deposit the City of Dubuque, Iowa funds in amount notre exceed the ma,'dmum approved for each respective financial institbfion as set out beiow~ DEPOSITORY NAME :: LOCATION OF HOME OFFICE MAXIMUM BALANCE American Trust & Savings Bank Dubuque, Iowa $40,000,000 ~ubuque Bank&Trust Co. ' ; Dubuque, Iowa $40,000,000 Mercantile Bank of Eastern Iowa Waterloo, owe $40,000,000 Firstar Bank of Iowa NA Des Moines. Iowa $10,000,000 Duaaco Communffy Credit Union Dubuque, owe $10,000,000 Premier Bank Dubuque. Iowa $10.00C 000 Passed, approved and adooted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest: Mary A: Davis, City Clerk Buol moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. Zoning Advisory Commission recommending approval of final plat of Lots 1-4, inclusive, of Leib Subdivision (Salem St. - Randy Leib), presented and reao. Buo[ moved that the communication be received and filed. Seconded by Nicholson. .Motion carded 6-0. RESOLUTION NO. 520-98 A RESOLUTION APPROVING THE FINAL PLAT OF LOTS 1 THROUGH 4, INCLUSIVE, OF LEIB SUBDIVISION, IN THE CiTY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Lots 1 through 4, '- inclusive, . of Leib Subdivision, n the City of Dubuque, Whereas, upor~ said final plat abuts an existing street known as Salem Street; and Whereas, the preliminary plat h~s been examined by the Zoning Advisory Commission and had its approve endorsed thereon; and - - Whereas, said final plat has been examined by the City Council a~d they find that it conforms to the statutes and ordinances relating m it;, and Whereas, the City Council concurs in the cond~ons of · approval established by the Zoning Commission and the City Planner· NOW, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Tha~ the plat of Lots through 4, inclusive. ~Of~ Leib Subdivision is hereby approved and the Mayor and City Clerk-are hereby authorized and directed to endorse the approval of the City of Dubuque ~owa upon said final plat, provided the owner of said properb/ herein ·- names executes h s written acceptsnc~ hereto attached agreeing: - a) To install sanitary sewer laterals into each indMdual lut, and water service laterals into each individual lot, all in accordance with the City of Dubuque standard spec'~ications and applicable City codes, - -- Section 2. Sidewalk installatior{ shall Regular Session, N0Vemb~ '16~ 1998 be the responsibllfL7 of the owner of the property abutting the public right-of- way, as required by City Code 41-161 through 41-164. The responsibirrly shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. In sparsely developed subdMsions, sidewalks on developed tots will not be required unfit 50% of the lots approved by the plat have been developed. All vacant lots shall have sidewalks installed upon development of 80% of the lots approved by the plat Sidewalks will not be required along unimproved street frontages until curb and gutter has been installed. Section 3. That in the event Randy Leib shall fail to execute the acceptance and furnish the guarantees provided in Section 1 hersof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall no be effective. Passe(:, approved and adopted this 16th day of November, 1998. Terrence M. Duggan, Mayor ATTEST: MaryA. Davis, City Clerk ACCEPTANCE OF RESOLUTION NO. 520-98 I, the undersigned, Randy Leib, having read the terms and conditions of the Resolution No. 520-98 and being familiar with the condi~ons thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this lb"th day of November, 1998. By Is/Randy Leib Buol moved adop~on of the Resolution. Seconded by Nichoison. Motion carried 6-0. City Manager recommending approval of the Project Concern Para- Transit agreement with Keyline for the Fiscal Year beginning 7-1-98 and ending 6-30-99, presented and read. Buol movedthatthe communication be received and filed and approved recommendation. Seconded by Nichoison. Motion carried 6-0. City Manager recommending authorization to commence Preliminary Consideration Proceedings in accordance with Section 626 of the Cable Act and begin discussions ~ TCI's representatives regarding procedural issues, presented and read. B~o[ moved that the communication be received and filed and approved recommendation. Seconded by Ninhoison, Motion carded 6-0. City Manager recommending approval of AT & T and TCI for a change in control of the Dubuque Cable Franchise through a merger, presented and read. Buol moved that the communication be received and flied. Seconded by Nichoison. Motion carded 6-0. RESOLUTION NO. 521-98 A RESOLUTION OF CITY OF DUBUQUE CONSENTING TO THE CHANGE OF CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE Whereas, TCI of Iowa, inc. ("Franchisee") is duiy authorized to operate and maintain e cable communications system in Dubuque, Iowa (the "System") by City of Dubuque ("Franchise Authority') pursuant to a franchise (the "Franchise") granted by the Franchise Authority;, and Whereas, pursuant 'to the Agreement and Plan of Rsstructudn9 and Merger' among 'AT&T Corp. ("AT&'F'), a newly formed Wholly owned subsicliary of AT&T ["Merger Sub"), and Tela-Communicafions, Inc., the parent of Franchisee ('q'Cl"), dated as of June 23, 1998 (the "Merger Agraement% Merger Sub will merge with and into TCI with TCI~ as the surviving corporation in the merger, and as.a result of the transa'cfions contemplated by the Merger Agreement, TC{ wi{[ become a wholly owned subsidiary of AT&T (the 'q'ransacaons"}, and VVhereas, Franchisee wil{ continue to hold the Franchise after consummation of the Transactions; and Whereas, FCC Form' 394; with respect to the Transactions has been flied with the Franchise Authority; and Whereas, the parties have requ"esfad consent by the Franchise Authority to the Transactions; and Whereas, the Franchise Aathorit~s TV Regulatory C6mmissinn has reviewed the request for consent and accompanying .... materials and recommends that the City Council consent to the request; and ~ Whereas the request has been reviewed by the Franchise Authority's Legal Department and Cable Franchise Administrator, NOW, ' THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1 That the Franchise Regular Session, November 16, 1998 Authority hereby consems [o the Transactions to the ex[en~ that such consent is required by the terms of the :ranchies and applicable law. Section 2. n granting such consent [ne Franchise Authority makes no determination as To the past or present Franchisee's compliance with the terms ef the Franchise or related waiver agreements. Passed, aDOroved and adopted this 16th day of November. 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Buo] moved adoption of the Resolution. Seconded by Nichblson Motion carded 6-0. City Manager recommending approval of contract with the IA Dept. of Public Health for continued funding of the local AIDS Preventative Health Program, presented and read. Buo[ moved that the communication be received anc filed. Seconded by Nichoison. Motion carded 6-0. RESOLUTION NO. 522-98 A RESOLUTION APPROVING THE AIDS PREVENTATIVE HEALTH CONTRACT BETWEEN THE IOWA DEPARTMENT OF PUBLIC HEALTH AND THE CITY OF DUBUQUE, IOWA AND AUTHORIZING' THE CITY MANAGER TO SIGN A CONTRACT WITH THE IOWA DEPARTMENT OF PUBLIC HEALTH FOR FUNDING OF A LOCAL AIDS PREVENTATIVE HEALTH PROGRAM. Whereas, the mwa Department of Public Hes[th has offered to provide financial support for local AIDS Preventative Health and Education Programs in the City of Dubuque; and Whereas. the City of Dubuque desires to establish and maintain such local AIDS Preventative HealthLand Education Programs; and Whereas. the Iowa Department of Public Health has presented the City Health Services Division 8 proposed contract amendment for continued funding, a. copy of which is attached hereto NOW. THEREFORE, BE '~T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section i Thatthe City of Dubuque, Iowa, hereby aooreves the attached AIDS Preventative Health Contract between the Iowa Department of Public Health andthe City of Dubuoue. Iowa. Section 2. The City Manager is hereby authorized end directed to execute said contracts on behalf of the City of Dubuque, iowa. Passed. approved and adopted this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk 3ual moved aoopfien of the Reso[utien. Seconded by Nicholson. Motion carried 6-0. Michael Mandel, E>~ Director of Iowa Physical Therapy Assn. expressing appreciation of the hospitality, courtesy and service extended by the City and Five Flags Center staff at their successful Fall Conference on Sept. 25 & 26th, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carded 6-0. City Manager recommending approva~ cf a Community Economic Betterment Loan of $150,000 between Iowa Dept. of Economic Development, Dubuaue Data Services and the City and authorize ECIA Business Growth Inc. to proceed with a loan from Economic Development Administrafior Revolving Loan Fund of $45,000 to Dubuque Data Services, presented and read. Buo~ - moved that the communication be received and filed. Seconded by Nicholson.-: ~ Motion carded 6-0. RESOLUTION NO. 523-98 A RESOLUTION AUTHORIZING THE EXECUTION OF A COMMUNITY ECONOMIC BETTERMENT ACCOUNT LOAN AGREEMENT FOR ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000} WITH DUBUQUE DATA SERVICES COMPANY. Ec~-nomic Whereas. the Commuhlty Betterment Account (CEBA) program has been created Dy ~he Iowa Department of Economic Development to assist in the economic developmem efforts of local jurisdictions; and . - Whereas, on September 17 1998 the City of Dubuque, owa~was awarded a one hundred ¢n~y thousand dotlar ($150,000) Iow-interest loan from the CEBA program by the Iowa Department of Economic Development and Whereas, the City of Dubuque, Iowa desires to assist Dubuque . Data Services Company in its efforts expand its operations in Dubuque and create new. permanent employment opportunities for local ci~zens; and · Reqular Session, Novembe~ 16, 1998 4]7 Whereas, a CEBA Loan Agreement, hereto attached and by this reference made a part hereof, is to be executed between the Iowa Department of Economic Development, Dubuque Data Services Company and the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor and Corporation Counsel be and they are hereby authorized and directed to endorse, on behalf of the City Council of the City of Dubuque, Iowa, the attached CEBA Loan Agreement Section 2. That the City Manager be and he is hereby authorized to disburse loan funds to Dubuque Data Services Company from the CEBA program in accordance with the terms and cond-~ons of the executed Agreement. Passed, app[oved and adopted this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buo[ moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 524~98 A RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC. TO PROCEED WITH A LOAN FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND OF FORTY-FIVE THOUSAND DOLLARS ($45,000) TO DUBUQUE DATA SERVICES COMPANY. Whereas, the City of Dubuque has funded a per, on of the Economic Development Administration's lEDA) RevoMng Loan Fund (RLF} which is administerec by ECIA Business Growth, Inc.; aha Whereas, Dubuque' Data Se~ces Company has requested financial assistance from ECIA Business Growth, inc. of forty-fiva thousand ($45,000) to assist their planned business expansion and job creation prejecq and Whereas, ECl Busir~ess Growth, Inc. has reviewed the request and asked that the Ctiy Council authorize the use of loan funds from the City~ of Dubuque's D0Cdon of the EDA Revolving Loan Fund; and Whereas, the City of Dubuque, Iowa desires to assist Dubuque Data Se~ces Company in this expansion. NOW, THEREFORE, BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ECIA Business' Growth, Inc. is hereby authorized to proceed with a loan of $45,000 to Dubuque Data Services Company from the City of Dubuque's per, on of the EDA Revolving Loan Fund. Section 2. That the City Clerk is hereby directed to notify ECIA Business Growth, Inc. of said authorization by transmitting a certified copy of this Resolution. Passed, approved and adopted this 16th day of November, 1998. Terrence M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adoption of the Resolution. Seconded by NichoJ~on. Motion carried 6-0. City Manager recommending approval of a request from Dubuque Museum Of AK for $300,000 Lean through the City's Tax Increment Financing Funds Downtown Rehab Loan Program to renovate the Peoples Natural Gas Building at 701 Locust St, presented and read. Buol moved that the communication be received and filed. Seconded by Nichoison. Motion carried 6-0. _ -~ < -~- RESOLUTION NO. 525~98 A RESOLUTION AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING" A" DOWNTOWN REHABILITATION 'LOAN TO THE DUBUQUE MUSEUM OF ART. Whereas, the CH of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimula§ng reinvestment in the Downtown Dubuque Urban Renewal District;, and ' ~-' - ," Whereas, the City of Dubuque, Iowa is encouraging the use-of this Icah program to finance code compliance actMties and to spur job creation tourisrr~ activities and '-Whereas, the icon ap~ication fror~ th~ Dubuque Museum of Art meets the requirements of this program; and Whereas;' a. Commitment Letter, hereto attached and by this reference made a part-hereof, sets forth-the terms and cond'~ons of~[he Dubuque Museum ,of Art's pa~cipation in the Downtown Rehabilitafior Lean Program. NOW, THEREFORe. BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1..That the 'application of the Dubuque Museum of Ar[ for participation ~ in -the' Downtown Regular Session, November 16, 1998 Rehabilitation Loan Program is hereby accepted and approved Section 2. Thet the Mayoris hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter [o the Dubuque Museum of Ar[ for review and approval. Section 3. That the City Manager be and he is hereby directed to prepare, upon execution and receipt of the attached Commitment Letter by the applicant. [he necessary loan documents in accordance with the terms and conditions set foal" in said Commitment Letter. Section 4. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, ali necessary loan documents and is further authorized to disbume loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement Passeo. approved and adopted this 16th day of November. 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Buol moved adaofion of the Resolution. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 526-98 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same nave been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws aha all City. Ordinances relevant thereto and they have filed proper bends. NOW. THEREFORE, BE --IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License.. CLASS "C'(COMMERCIAL) BEER/LIQUOR LICENSE Copper Keffie Inc. - Copper Kettle Inc+ (Sunday Sale) 2987 Jackson St Aragon Tap inc. Aragon Tap +(Sunday Sale) 1103 Iowa St RaySan Carp Bridge Restr +(Sunday Sale) 31 Locust St Ground Round Inc Ground Round+(Sunday Sa[e) 50 JFK Rd Passed, approved and adopted this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, Chy Clerk Buol moved adoption of the Resolution. Seconded r~y Nichoison. Motion carried 6-0. Buo[ moved to suspend the ri[es to allow anyone present to address the Counci[iftheyso desire. Seconded by Robbins. Motion carded 6-0. Council Member Voetberg entered the Chambers at 7:12 p.m. Headng on Alter Trading Corporation's suspension of salvage license. (Tabled from meetings of October 5 and November 2, 1998). City Manager requesting autho~afion to sign the negotiated Agreement with Alter Trading Co., oresented and read. Michalski moved that this matter be removed from the table. Seconded by Nicholson. Motion carried 6-0. ~lichalski moved that they approve the negotiated Agreement and Cby Manager authorized to sign it with Alter Trading Co. Seconded by Markham. Motion carded 7-0. Proof of publication certiCied to by the Publisher on Notice H&aring to consider reclassifying property located at the Southeast corner of Red Violet Drive and Sunny S ope Drive, and M. Janice Giesler obje~ng to rezonmg request for properly located at Southeast corner of Sunnyslope and Red Violet Drive, presented and read. Voetberg moved that the commumcatian be received and filed. Seconded by Dual. Motion carried 7-0. Karen Freiburger, owner of the property, spoke requesting the rez~ning too ow..a dup 9x or a triplex.. . An Ordinance Amending Zoning M&p by reclassifying property located at the Southeast corner cf Red Violet Drive and Sunny Slope Ddve from R-2 Ti'wa- Family Residential District - to *R-3 Moderate Density Multi-Family Residential District (denied by Zoning Advisory Commission : first reading only given 10-19-98), presented for fur[her action. Voetberg moved to concur with the denial of the Zoning Advisory Comm. Seconded by Buol. Mot on ~:~rded 7-0 · Proof of publication certified ko rby the Publisher. on Notice cf. Public Headng on Intention to issue Pollution Reqular Session, N0vemb~f'16i 1998 Control Refunding Revenue Bonds (interstate Power Company Project), and City Manager recommending approval of the issuance of $2,650,000 Pollution Control Bonds, presented and read. Voetberg moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 527-98 RESOLUTION authorizing the issuance and sale of not to exceed 52,650,000 Variable/Fixed Rate Demand Pollution Control Refunding Revenue Bonds (Interstate Power Company Project) Series 1998 of the City of Dubuque, Iowa to refinance costs to Interstate Power Company of certain pollution control facilities; the execution and delivery of an Indenture of Trust to secure said Bonds; the execution and delivery of a Loan Agreement between said Company and said City providing for the repayment of the loan of the proceeds of said Bonds; and related matters : WHEREAS, the City of Dubuque, in Dubuque County, State of Iowa (the "City") is authorized by Chapter 419 of the Code of Iowa, 1997, as amended (the 'Act") to issue revenue bonds and lend the proceeds to one or more contracting parties pursuant to a financing agreement to be used to pay the cost of any poliufion control fac~ilJes, which facilities shall be within or not more than eight mliee outside the corporate limits of the City, suitable for the use of any industry, commercial enterprise or utility, which financing agreement shall provide for the repayment of such loan by the contracting party and which revenue bonds may be: refunded by the issuance of refunding bonds under the Act; and , ~ . WHEREAS, the city I~eretofora has issued its $4,400,000 Pailuton Control Revenue Bonds (interstate Power .Company Project) Series 1973 (the "Prior Bonds'"), for the purpose of paying a portion of the cost of certain poliLr~on central feci~es (the 'Project") used by Interstate Power Company (the "Company") in conjunction with the Dubuque Power Station located within the City of Dubuque; and WHEREAS, the City proposee to issue its Variable/Fixed Rate Demand Pollution Control Refunding Revenue Bonds (lnterst~e Power. Company Project) series 1998 in an aggregate principal amount not exceeding $2,650,000 (the "Bonds") to obtain funds to lend to the Company pursuant to a loan agreement between the City and the Company (the "Loan Agreement") for the purpose of refunding the Prior Bonds; and WHEREAS, the Company will be the contracting party to the ' Loan Agreement within the meaning of the Act, and the Loan Agreement will provide for the repayment by the Company of the [can of the proceeds of the Prior Bonds; and WHEREAS, it is deemed necessary and advisable for the promotion of the general health and welfare of the inhabitants of the City that the City take such action as may be required under applicable statutory provisions to authorize and issue the Bonds to refund the Pdor Bonds or a portion thereof; and . WHEREAS, the Bonds will be issued under and pursuant to, and are to be secured by, an Indenture of Trust to be dated as of November 1, 1998 (the "Indenture") by and between the, City and Firstar Bank'Mi[waukee~ National Association, Milwaukee, Wisconsin as trustee (the "Trustee"); and WHEREAS, pursuant to notice of intention published in Telegraph Herald on Oct. 23, 1998, in the form of Exhibff A hereto, this City Council conducted a public-hearing, as required by Section 419.9 of the Act and Section 147(f).of the Internal Revenue Code of 1986, as amended (at the meeting at which this resaiution is being adopted and prior to the adoption hereof) on the proposal to issue the Bonds for the purpose of refunding the Prior Bonds; and ~:; WHEREAS~,ell who appeared at such public hearing were given an opportunity to express their views for or against such proposal, and this City Council has considered all oral and written statements, if any, in favor of the proposal and ali oral and written objections, if any, against the proposal, and has determined that it is advisable to proceed with such proposal; and;; WHEREAS, it is proposed to sell the Bonds ~: to First Chicago Capital Markets, Inc.~ as underwriter: (the "Underwriter"), pursuant to a Purchase Contract to be dated a date on or pdor to thee:date of the issuance of the Bonds: (the "Purchase Contract") among the City, the Underwriter and the Company; and : - . WHEREAS, it is necessary for the City to enter into a Nonarbitrage Certificate to be dated the date of the 420 Regular Session, November 16, 1998 issuance of the Bends (together with the Ce~dticatas of the Comaany and the Trustee attachec hereto, the "Tax Agreement") in connection with the issuance of the Bonds; ano WHEREAS it is necessary for the City, the Trustee and the Remarketing Agent to ente~ into a Letter of Representations to be dated the date of the issuance of the 9ends {the "Letter of Representations~) with The Depository Trust Company in connection with the issuance of the Bonds. NOW. THEREFORE, BE IT RESOLVED, by the Mayor and the City Council of the City of Dubuque, Dubuque County, iowa: as follows: Section 1. That the plan of refinancing which contemplates the issuance of the Bonds by the City in a~ aggregate principal amount 'not to exceed $2,650,000 [o refund a like principal amount of the Pdor Bonds, as referred to in the preambles hereto, is hereby approved. Sec~on 2. That this City Council does hereb)' declare that this Resolutior cease, utes the approval required by Section 147(0 of the Internal Revenue Code of 1986, as amended. Section 3. That, in order to refinance costs to the Company of acquiring, improving and equipping the ProJect. as referred to in the preambles heretc, the Bonds be and thesame are hereby authorized and ordered to be issuec in the aggregate principal amount not to exceed $2,650,000 pursuant to the Indenture, ~r substantially the form presented to this meeting and on file with the City Clerk and containing substantially the terms and provisions set forth therein, which such changes therein not inconsistent with this Resolution as shall be approved by counsel for the City and by the officers of the City executing the same (such officers' signatures thereon being conclusive evidence of their approval thereof), and the forms, terms and provisions of the Bonds and the indenture are hereby approved, and the Mayor and the City Clerk are hereby authorized and directed to execute, attest seal and deliver the indenture, and the Mayor and the City Clerk are hereby authorized and directed to execute, at[est seal add deliver the Bonds as provided in the [ndenture. including by the use' of facsimile signatures on the Bonds. Section 4. ;' That the. City lend the proceeds of the Bonds to the Company to refinance costs to the Company of the Project by refunding the Pdor Bonds pursuant to the Loan Agreement in substantially the forrr presented to this meeting and on file. with the City Clerk and containing substantially the term and ~rovismns set forth therein, with such changes therein, not inconsistent with the Resolution as shall be approved by counsel for the City and by the officers ~f the City executing the same (such officers' signatures thereon being conclusive evidence of their approval thereof), and the form, terms and provisions of the Loan Agreement are hereby approved, and the Mayor and the City Clerk are hereby authorized ano directed to execute, attest, sea] and deliver the Loan Agreement. · Section 5. That the sale of the Bonds to the Underwriter purstJant to the Purchase Contract, in substantially the form eresented to this meeting and on file with the City Clerk~ and containing substantially the terms 'and provisions set forth therein, with such changes therein not inconsistent with this Resolution as shall be approved by counsel for the City and by the officers of the C~ exect~ng the same (such officers', signatures thereon being conclusive evidence of their approval thereof), be and the same is hereby authorized and approved, and the form, terms and provismns of the Purchase Contract are hereby approved, and the Mayor and the City Clerk are hereby author[zed and directed [o execute, aAesz_ seal and deliver the Purchase Contract· SECTION 6. That the City is hereby authorized to enter into.the Tax Agreement, in substantially the form presented to this meeting and. on file with the: City Clerk and· containing substantially the terms and provisions set forth therein, with- such changes therein not inconsistent with this Resolution as sba[[ be approved by counsel for the City and by the officer of the City executing the same (such officer's signature:~thereon_~' being conclusive evidence of his approval thereof) and the form,-'terms and provisions of the Tax Agreement are hereby approved., and the Mayor is hereby authorized and direct to execute and deliver the Tax Agreement: .-': Section 7. Thai the City is hereby authodzed to enter into the Letter of Representations,- in substantially the form presented to this meeting and t~le with the City Clerk and containing substantially the terms and provisions Repular Session, NbVer~ber 16, 1998 421 se[ forth therein, with SUCh changes therein not nconsistent with this Resolufion as shall be approved by counsel for the City and by the officer of the City execufing the same (Such officer's eigna[ure thereon being conclusive evidence of his approval thereof), and the form, Terms and provisions of the Letter of Reprasenta~ons are hereby approved, and the Mayor is hereby authorized and directed to execute and deliver the Letter of Representations. Section 8. .That the use by the Underwriter of the Praliminary orcia] Statement and the final Official Statement in cormecfion with the public offedng and sale of the Bonc~_, in substantially the form of the Preliminary orcial Statement presented to this meeting and on file with the City Clerk n connection with the public offering and sale of the Bonds. be and the same is hereby authorized and approved (and in the case of the Preliminary Orcial Statement ratified), and the Mayor is hereby authorized and directed to execute and daliver the final Official Statement; provided that this approval does not apply to the information contained or incorporated by reference in the Appendix A to said Preliminary Orificial Statement and said final Official Statemen~ but nothing herein shaU be construed as prohibiting the Underwriter from including such information in said Appendix A pursuant to authorization from the Company. Section 9. That the City heraby finds and determines that (]) the amount necessary ir each year to pay the principal cf, premium, if any, and interest on the Bonds proposed to be issued is set forth i~ the Loan Agreement as a formula which wiii insure that the Company is obligated to pay amounts surcient to pay the principal of, premium, if any, and interest on the Bonds; (iiI the Bonds will be d~ted, will conzai~ such redemption provisions and will bear interest at such rate or rates as provided in the indenture; (iii) the Bonds wiii mature on a date that is mutually agreed upon between the Mayor and a represent~ve of lnterstam Power Company which wiii not be Ister than 120% of the remaining weighted average life of the Project; (iv) no reserves are necessary or advisable in connection with the retirement of the Bonds or the maJntanance of the Project or for any other purpose; (v) as represented by the Company, the Project has beer completed in accordance with the documems ralating to the Pdor Bonds; and (vi) so long as the Project is operated or behalf of the Company, the Company is obligated under the Loan Agreemem to cause the Project to be maintained, repaired and insured (or sell-insured) in accordance with ~ customary pracfices and to pay the costs thereof. Section 10. Thatthe Bonds shall no[ be subject to the general provisions of law, if any, presenby e~sting or that may hereafter be enacted, respecting the execu~on and delivery of the bonds of a municipality and respec~ng the retaining of options of redemption n proceedings authorizing the issuance of municipal securities. Section 11. Thatthe Mayor, the City Clerk and such other officers or employee~ or agents of the City are hereby authorized and directed to execute, attest, seal and deliver any and all documents, financing statements,: cartfficates - '- and instruments (including without limitation Form 8038 to be filed with the Internal Revenue Service)- as may be necessary or desirable to effect the redempiton of the Prior Bonds and to effect the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement, the Indenture, the Purchase Contract, the Tax Agreement and the Letter of Representations and to carry out the intent and purposes of this Resolution, including the preambles hereto. Section 12. That all a~ons taken to provide for the publication of notice of the ~ubiic hearing described in the preambles hereto and of the time and place of this meedng are hereby ra~ed, confirmed and adopted. Section 13. That the provisions*~f this Resolution are hereby declared to be separable and if any section, phrase or pro~nalons shall for any reason be declared to be invalid, such deciarafion shah no[ affect the .validity of the rema. inder of the sections phrases and Section 14. 'That all resolufions or parts thereof i~ crmfiict herewith be and the same are hereby repealed, and this Resolution shall be effective forthwith upon its passage and approval. Passed and approved November 16, 1998. - - - Terrance M. Duggan, Mayor Attesfi Mary A. Davis. City Clerk Voetberg moved adoption of the Resolu~on. Seconded by Robbins. Motion carried 7-C. Regular Session, November 16, 1998 Proof of publication certified m by [he Publisher on Notice of Hearing to consider disposing of proper~y in Dubuque Technology Park to ADA Properties L.C. ("Developer') and Advanced Data-Corem Inc. ("Employer"); City Manager recommending to proceed with sale of propero/; and City Clerk advising no competitive bids have been received. presented and read. Buol moved that the proof and communications be received and filed. Seconded by Robbins. Motior carried 7-0. . RESOLUTION NO. 528-98 A RESOLUTION DETERMINING THAT THE PROPOSAL OF ADVANCED DATA-COMM IS IN COMPLIANCE WITH THE TERMS OF OFFERING FOR DISPOSITION OF LOTS 4 AND 5 OF BLOCK 2 OF THE DUBUQUE TECHNOLOGY PARK. Whereas, this Council. by Resolution No 453-98 dated Octebe- 5, 1998 nominated the City Clerk as agent of the City of Dubuque, Iowa. to receive and open on November 12, 1998, at 10:00 a.m. proposals in competition to the proposal of Advancad Data-Corem, referred to in said resolution for the sale of Lots 4 and 5 of Block 2 of the Dubuque Technology Park for development only in accordance with the terms and conditions set forth in saic resolution; and Whereas, the City Ciera has reeorted to this Council that no qualified, competing proposal, was suomitted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SeCdon 1. Thatthe report of the City Clerk that no oualifiec competing propose[ was submitted by 10:0g a.m. on November 12, 1998 for the development of Lets 4 and 5 of Block 2 of the Dubuque Technology Park be received, tiled and adopted. ' ~,-.- Section 2. That it is-hereby determined that the proposal -of Advanced Data-Corem for development of said croperb' is the only proposal which satisfies the ~erms :-and conditions of the offering set forth in Resolution Ne. 453-98 adopted bythis Council on October 5, 1998. Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan. Mayor Attest: Mary A: Davis, City' Ciera Buol moved adoption of th~ resolution, Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 529-98 RESOLUTION ACCEPTING THE PROPOSAL FOR SALE AND PRIVATE DEVELOPMENT OF LOTS 4 AND 5 OF BLOCK 2 OF THE DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA, APPROVING AGREEMENT FOR SAME, AND AUTHORIZING ACTIONS TO IMPLEMENT SAID AGREEMENT. Whereas, this Council, by Resolution No. 453-98 dated October 5, 1998: 1. Adopted terms and conditions for offeitng for sale Lots 4 and 5 of Block 2 of the Dubuque Technology Park in the City of Dubuque, Iowa, for sale and private development;, - 2.- Determined that the proposal submitted by Advanced Data-Comrn satisties the requirements of said offedng; 3. Declared its intent to accept the Advanced Data-Comrr proposal and to enter into a Development Agreement by and between the City of Dubuque and Advanced Data-Corem in the event no other qualified Proposals were timely submitted for development of said property; aaa 4. Invited competing proposals which met the terms and cond~ens of said offering to be submitted to the City Clerk on or before 10:00 a.m., November 12. 1998; and; Whereas, on or before October 8, 1998 the text of said Resolution was published as the official notice of this offering and of the intent of the City of Dubuque, Iowa in the event n~ other qualified proposals were ' timely submitted, to enter into a Development Agreement by and between the City of Dubuque and Advanced Data-Corem; and Whereas, by separate Resolutior ct this date this ~ouncil has received and approved 'as its own the report of the City Clerk that-no other, qualified /proposalwas received; and '- ~ ~ / 'Whereas,' it is the determina~dn ~of ~this Council that acceptance of the prop~caal and sale to and development of the disposition parcel by Advanced Data-Corem, according to the terms and conditions set out in:the abached is in the public interest of the citizens of the City end is consistent with the City's Urban Renewal Plan for the Dubuque Industrial ' Center S~uth Economic Develooment Distri&t aka DubuqueTechnologyPark. ~ ' NOW, THEREFORE. "BE ' iT RESOLVED BY THE CIT'f COUNCIL OF THE CITY OF DUBUQUE, IOWA: Reqular Session, N0Vemb~f j6, 1998 423 Section 1. That the attached Development Agreement by and between the City of Dubuque and Advanced Data-Camm is in the public interest of the citizens of the City of Dubuque and in furtherance of the City's Urban Renewal Project, and is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Sedan 3. That the City Manager is authorized to take such acfions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest MaryA. Davis, CtiyCIerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Proof of publication certified to by the Publisher on Nofice of public headng to consider Tax Increment Financing for Mordson Bros. Company and City Manager recommending execution of an Assessment Agreement with Morrison Bros. Co. for the use of tax increment proceeds estimated to be $232.140 over ten years, presented and read. Michaisld moved that the proof and communication be received and filed. Seconded by Markham. V~otion carried 7-0. RESOLUTION NO. 530-98 A RESOLUTION AUTHORIZING THE EXECUTION OF AN ASSESSMENT AGREEMENT WITH MORRISON BROS. COMPANY. Whereas, the City Council, after public hearing, duly adopted an Urban Renewal Plan for the East 7th Street Economic Development District; and Whereas, said Plan provides that the City may undertake special financing activities, including loans or grants m private developers, to meet the able.yes of the ~lan and to encourage the development of the District; and Whereas, the City Council has determined, in accordance with the factom set forth in Section 15A. 1 ofthe Iowa Code. that the Mcrdson' Bros. Company is qualified to receive such loan or grant assistance to assist their expansion in the Districq anc Whereas, it is expected that the aggregate amount of the Tax Increment Revenue obligations will be $232,140 more or lees due to assessment Increases and/or tax rate adjustments; and Whereas, pursuant to published nofice, the City Council has held a public hearing on the proposition of obligating Tax Increment Revenue to assist the Morrison Bros. Company, and has considered and overruled any and all objections thereto; and Whereas, an Assessment Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of a minimum property tax assessment and the disbursement of Tax Increment ~roceeds to Morrison Bros. Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the form of Assessment Agreement by and among the City of Dubuque, Mcrdson Bros. Company and the City Assessor of the City of Dubuque, Iowa attached hereto is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, said Assessment Agreement in substantially the form attached hereto, but with such changes as they, with the assistance of the Corporation Counsel, find to be appropriate, their execution thereof to constitute this Council's approval of said Assessment Agreement Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest:. Mary A. Davis, City Clerk Markham moved adoption of the Resolution. Seconded by Michaiski. Motion carded 7-0_ Proof of ~ublicafion certified to by the Publisher on.Notice of public hearing to consider Tax Increment Financing [or Swiss Valley Farms Company and City Manager recommending to proceed with TIF for Swiss Valley Farms Company Assessment Agreement for the use of tax increment proceeds estimated to be $168,940, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robblns. Motion carried 7'-0. - · *,-RESOLUTION 531-98 - A RESOLUTION AUTHORIZING THE EXECUTION OF AN ASSESSMENT AGREEMENT WITH SWISS VALLEY Regular Session, November 16, 1998 FARMS COMPANY. Whereas, the City Council. after public hearing, duly adopted an Urban Renewal Plan for the Swiss Valley Economic Development District; and Whereas, said Plan orovidss that the City may undertake special financing activities including loans or grants to Ddvate developers, to meet the obje~ves of the Plan and to encourage the developmen[ of the District; and Whereas. the City Council has determined [n accordance with the factors set forth in Section 15A. 1 ofthe Iowa Code, that the Swiss Valley Farms Company is qualified to receive such loan or grant assistance to assist their expansion in the District; and Whereas· it is expected that the aggregate amount of the Tax Increment Revenue obligations ,Mil be $168,940 more or less due to assessmers increases and/or tax rate adjustments; and Whereas,-pursuant to published notice, the City Council has held a public hearing on the proposition of obligating Tax Increment Revenue to assisl the Swiss Valley Farms Company, and has considered and overruled any and all ' ebje~ons thereto: and Whereas. an Assessment Agreement, hereto attached and bythis reference maqe a part hereof, se~s forth me terms and conditions of a minimum property tax assessment and the disbursement of Tax Increment proceeds zo Swiss Valley Farm.~ Company. NOW. THEREFORE, BE T RESOLVED BY THE CiTY COUNCIL OF THE CiTY OF DUBUQUE. IOWA: Section 1. That the form of Assessment Agreement by ano among the Cfty of Dubuque, Swiss Valley Farms Company and the City Assessor of the City of Dubuque, awa attached hereto is hereby approved. Secton 2. That the Mayor and Cfi'/ Clerk are hereby authorized [o execute on beha f of the City Counci~ of the City of Dubuque, iowa. said Assessmem Agreement Jn substantially the form attached heretc, but with such changes as they, with the assistance of the Corporation Counsel, find to be appropriate, their execution thereof to constitute this Council's approval of said Assessment Agreement. Passed. approved and adopted this 16th day of November, 1998. . Torrance M. Duggan, Mayor Attest: Mary A. Davis, Cky Clerk - . Markham moved aooption of the Resolution. Seconded by Rabbies. Motion carded 7-0. City Manager submitting revised ordinance establishing City Enterprise Zone Commission and recommending Council appoint a representative of ~he City Council, which may not be a City Council member, a member of the Long Range Planning Commission and a representative of an international labor organization to the Enterprise Zone Commission, eresented - and reed. Buol moved that the communication be received and flied.. Seconded by Voetberg. Motion carried 7-0. . An Ordinance Amending Chapter 15 of C~ Code of Ordinances by adopting a new A~cie V Enterprise Zone Commission in lieu thereof pertaining to the Establishment of a City Enterprise Zone Commission and providing for the compos~on, d~es, organization and procedures for such Commission, with first reading only given 11-2-98, now presented-for further action - (OFFICIAL PUBLICATION)' ORDINANCE NO. 70-98 AN ORDINANCE AMENDING CHAPTER '15 COMMUNITY DEVELOPMENT OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING ARTICLE V ENTERPRISE ZONE COMMISSION AND ADOPTING A NEW ARTICLE V ENTERPRISE ZONE COMMISSION IN LIEU THEREOF PERTAINING TO. .':THE ESTABLISHMENT OF A CiTY ENTERPRISE ZONE COMMISSION AND PROVIDING FOR THE COMPOSITION,- -DUTIES, ORGANIZATION AND PROCEDURES FOR SUCH COMMISSION. "- NOW, THEREFORE, BE '; IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 Chapter 15 Community Development-~ of the Code · of Ordinances of the City of Dubuque, Iowa. is hereby amended by repealing Ardcle V and adopting the folio,Meg Article V in lieu thereof: - ' . - ARTICLE V. ENTERPRISE ZONE COMMISSION "' Sectio~ 15-53.' Enterprise Zone Commission createc. ' ~- There is hereby creamd an Enterprise Zone Commission. Reqular Session, N0ve~I~;-~ ~611998 47 S Section 15-54. Compos~on. The Commission created by this A~c[e shall consist of the following nine (9) members: one (1) representative of an international labor organization, one (1) member chosen by the iowa Depar[ment of Economic Development, one (1) representative of the City Council, one (1) member of the Northeast iowa Community College Board of Directors, one (1) member of the City's Long Range Planning Commission, one (1} representative of the local Iowa Workforee Development Center and three (3} at-large members selected by the first s~x representatives, one of whom shall be a representative of that area within a certified zone that a[sa meets the requirements for eligibility for an urban enterprise community under T~e XIII. of the federal Omnibus Budget Rec0nciliation Act of 1993. Notwithstanding any other section of this Code, members oftbe Commission representing the Northeast Iowa Community College and the Iow~a Workforee Development Center shall not be required to be residents of the City of Dubuque. Section 15-55. Ter~;' filiir~g of vacancies; compens~don. The term of office of the members of the Commission shall be three years or until a successor is duly appointed. However, three (3) of the initial terms shall be for one (1) year; three (3) of the inff. Jal terms shall be for two (2) years; and three (3) of the in,al terms shall be for three (3) years. A Commission member may be removed at any time with or without cause by a vote of two-thirds (2/3) of all members of the City Council. A vacancy on the Commission caused by resignation or otherwise shall be filled for the unexpired term by the same procedure ' as when the Commission was first established. Members of the Commission shall serve without compensation. Section 15-5B~ Duties. - The Commission shall i: ' review applications for tax incentives and assistance for ' eligible businesses based on critada specified by law and shall transmit its recommendation, along with the application, to the Iowa Department of Economic Development for its review and decision. Section 15-57: - Organization. The Commission- shall choose annually, at its first regular meeting of the calendar year, one of its members to act as chairperson, and another of its members to act as vice-chaitperson to perform all of the duties of the chairperson during the chairperson's absence or disability. The Commission shall adopt such rules and regulations governing its organization and procedures as it may deem necessary, consistent with the following: (1) The CommJsaJon shall meet as necessary to fulfill the purposes for which the Commission was created. (2) The Commission shall follow the rules prescribed by law for Enterprise Zone Commissions. (3) Members of the Commission shall attend at least two-thirds (2~3) of all meetings within any twelve (12) month ~eriod. If any member fails to attend such prescribed number of meetings, such failure shall conslJtute grounds for the Commission to recommend to the City Council that said member be removed. Attendance of ell members shall be entered on the minutes. (4) All meetings shall be held In accordance with the provisions of the Iowa Open Meetings Law. (5} The Commission shall file with the City Clerk a copy of the minutes of each meeting oftbe Commission within ten (10) working days after such meeting. Section 15-58. Procedures for Operation. All admin~rafive, personnel, accounting, budgetary and )rocurement policies of the City shal govern the Commisaio~ in all its operations. Section 2. This ordinance shall take effect immediately upon gubllcation, as provided by law. Passed, approved and adopted this 16th day of November, 1998. .. Terranee M. Duggan, Mayor Attest: Mary A. Davis, City Clerl~ Published officially in the Telegraph Herald newspaper this 23rd day of November, 1998. MaryA. Davis CMC, City Clerk It 11/'23 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counal Meetings prior to the meeting az which it is to be finally )assad be suspended. Seconded by Voetberg. Motion carried 7-0. Buel moved final consideration and passage of the Ordinance. Seconded by Voetberg. Motion carded 7-0. City Manager recommending that the Dubuque Corporate Center Economic Regular Session, November 16, 1998 Dove]cement Tax ,ncrement Distdct be closed out. presented anc read. Michalski moved that the communication be received and filed. Seconded by Voetberg. Motion carded 7-0. An Ordinance Repealing Ordinance No. 22-91 which established the Tax increment Financing District for the Dubuque Corporate Center Economic Develooment District. first reading only given 11-2-98. now presented for further action, (OFFICIAL PUBLICATION) ORDINANCE NO. 71-98 AN ORDINANCE REPEALING ORDINANCE NO. 22-91 WHICH ESTABLISHED THE TAX INCREMENT. FINANCING DISTRICT FOR THE DUBUQUE CORPORATE CENTER ECONOMIC DEVELOPMENT DISTRICT. Whereas, Resolution No. 88-91 establishing the Dubuque Corporate Center Economic Development Distrfct was approved by the City Council an March 18, 1991; and Whereas. Ordinance No. 22-91 establishing the Tax Increment Disthct for the Dubuque Corporate Center Economic Development Distdct was approved on March 18, 1991; and Whereas, the purpose of the Resolution and Ordinance was to provide the land assembly/site preparation to allow the development of the Dubuque Corporate Center commercial distdct adjacent to the existing industrial center: and Whereas, the plan far the Dubuque Corporate Center Economic Development Tax Increment Financing Distdct has been completed with the final payment made in fiscal year 1998 and all qualifying indebtedness of the District has been paid as required by Iowa Code 9(2); and . Whereas, the City Co~c ~owfinds that the purpose of the Ordinance has been accomplished; NOW THEREFORE. BE ~' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance No. 22-91 establishing the Tax Increment Financing Diatdct for the Dubuque Corporate Center Economic Development Distdct is hereby repealed. Section 2. The City Manager i~ hereby authorized and directed to send notification of the termination of the Distdct to the Dubuque County Auditor and to all affected taxing en~es. Passed approved and adopted this 16th eay of November, 1998. Terrsnca M. Duggan, Mayor Attest: MaP/A. Davis, City Clerk Published officially in the Telegraph Herald newspaper this 23rd day of November. 1998. MaryA. Dav'~s CMC, City Clerk It 11/23 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for 2assage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Voetberg. Motion carded 7-0. Michalski moved final consideration and passage of the Ordinance. Seconded by Voetberg. Motion carded RESOLUTION NO. 532-98 RESOLUTION RESCINDING NO. 88- 91 ESTABLISHING THE DUBUQUE CORPORATE CENTER ECONOMIC DEVELOPMENT DISTRICT' AND TERMINATING THE ECONOMIC DEVELOPMENT PLAN WITH RESPECT TO SAID DISTRICT. Whereas, by Resolution No. 88-91, approved March 18, .1991,-.the City Council established, the Dubuque Corporate Center Economic Development District and approved a tax increment plan for said District and Whereas,. the purpose .of the Resolution and the Economic Development Plan was to allow the land assembly/site preparation to allow the development of the Dubuque Coroorate Center commercial district. Wherea~, the ourpese of the Resolution establishing the distdct nas now Been accomplished: and NOW THEREFORE. BE'~ IT RESOLVED BY THE CITY COUNCIL OFTHE CITYOF DUBUQUE. OWA: Section 1_ Resolution No. 88-91 establishing the Dubuque Corporate Center Economic Development District is hereby rescinded and the Urban Renewal Plan approved-for such Distdat is hereby terminated and.of no furLherforse oreffect. .~.. <-.. Passed, approved and adopted this 16th day of November, 1998. Terranca M. Duggan, Mayor Attest: Mary A. Davis, C~ Clerk *.-. .Michalski,,moved adoption of the Resolution.- Seconded by Veeti~erg. Motion carded 7-0. _ . ReqUlar Session, No~,emb~i~ ~16+ 1998 427 City Manager recommending replacement of the City's Outdoor Warning System with the purchase of the Wheien Warning System from Feeler's Inc. of North Libedy, IA in an estimated amount of $214,374.00 depending on the number of sites needed to achieve the desired coverage, presented and read. Voetberg moved that the communication be received and filed and approved recommendation. Seconded byBuoL Motion carded 7-0. City Manager providing information on diagonal parking on both Fourth and Fifth St., presented and read. Buei moved that the communication be received and tited and approved the diagonal parking on Fourth & F"r~h St. as back-in paddng spaces. Seconded by Nichotson. Carried bythe following vote: Yeas--Buol, Nicholson, Robbins, Voetberg. Nays--Duggan, Markham, Micheiski. City Manager recommending $425,000 in uncommitted tax increment financing revenues from the Downtown Urban Renewal District be allocatad to Downtown Rehab~itation Loan Program, presented and read. Buol moved that the communication be received and tiled. , ~ Seconded by Micheiski. Motion carded 7-0. RESOLUTION NO. 533-98 A RESOLUTION AUTHORIZING ADDITIONAL CAPITALIZATION OF THE DOWNTOWN REHABILITATION LOAN PROGRAM Whereas, on December 20, 1993, the City Council of the City of Dubuque, Iowa established a Downtown Rehabilitation Loan Program (the 'Loan Program') to provide financial incentives to further the goals and objectives of the Downtown Urban Renewal Plan; and Whereas, the City Council has previously author[zed the cap'r[af[zatien of the Loan Program in an amount tsteiiy $1,415,000; and Whereas, the City Council finds that continuation and expansion of the Loan Program is necessary to effectuate the purposes of Iowa Code Chapter 403, the Urban Renewal Law, and the goals of the Amended and Restated Urban Renewal Plan for the Downtown Dubuque Urban Renewal District; and Whereas, the Cb Counc~ is prepared to provide addifionei capita~L~,ation for the Loan Program provided these funds are reimbursed through the proceeds of the Downtown Dubuque Urban Renewal Tax Increment Financing District as amended. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Se~on 1. That the City Manager is hereby authorized to use up to 75% of the tax increment revenues generated from the diathct to provide up to $425,000 in add~onal funds through tax increment financing borrowing either internally or externally to confinue and expand the Downtown Rehabilitation Loan Program, provided any such funds so advanced shall be repaid from the proceeds of the Downtown Dubuque Urban Renewal Tax Increment Financing Distdct as amended. Section 2. That the City Manager is hereby authorized and directed to administer these additional funds in accordance with the Downtown Rehabilitation Loan Program Guidelines. Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Aftest Mary A. Davis, City Clerk Buol moved adoption of the resolution.- Seconded by Michalski. Motion carried 7-0. City Manager submitting the results of the Study of the Police Dept. Policy on Inves'~Jgations of property accidents, presented and read. Buo[ moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Cb Manager recommending the selection of a project team of HDR Engineering as consultant .for the development of. Dubuque's Comprehensive Stormwater Plan, presented and read. Voatberg moved that the communication be received and. tiled and recommendation approved. Seconded by Nichoison. Motion carried 7-0. City Manager recommending the selection of WHKS & Co. at a cost of $163,360 to prepare plans for the opening of Eighth Street baleen Locust and Iowa St., 'presented and read. Buoi moved that ~ the communication be received and filed and recommendation approved. Seconded by Nicholson. Motion carried 7-0. 428 Regular Session, November 16, 1998 City Manager submitting documents providing for construction of Vacuum Filter Building Electrical Room at the Eagle Point Water ~lant. presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 534-98 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS Whereas. the proposed plans, specificatians and form of contract for the construction of a 400 sq. ft. room to the Vacuum Filter Building located at the Eagle Point Water Plant, at 1902 Hawthorne Street, Dubuque, la. in the estimated amount of $43,688 doflars have been prepared by LI.W. Engineering Firm of Dubuque, Iowa NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications and form of Contract are approved and ordered flied in the office of the City Clerk for public inspection. Passed, approved and adopted this 16t1' day of November, 1998. Terrance M Duggan, Mayor Mary A: Davis, City Clerk . - Voetberg moved adoption of. the Resciution. Seconded by Buol. Motion carded 7.0. RESOLUTION NO. 535~98 FIXING DATE OF REARING ON PLANS AND SPECIFICATIONS Whereas. the City Council of the City of Dubuque, Iowa, has green ~s preliminary approval of the proposed plans, specifications, and form of contract and placed same on file in the office of the City Cisrk far public inspection of a new Vacuum .Filte- Plant Etectdca~ Room. NOW THEREFORE, BE'" IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That on the 7th day of December, 1998 a public hearing,Mil be held au 7:00 p.m. in the Public Library Auditorium _ at.;:which-~ time interested persons may appear and be heard for or againat the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such headng to be published in a newspaper having general circulation. in the Crty of Dubuque. Iowa which notice shall be not less than four days nor more than twen'~ days prior to the day fixed for its consideration. At the headng, any interested person may appear and file objections to the proposed plans, specifications, form of contract or estimated cost of the improvement. Passed, approved and adopted this 16th day of November, 1998. Terrance M. Duggan. Mayor Attest: Mary A: Davis, O~ Clerk Voatberg moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 536-98 ORDERING BIDS NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: IOWA: Section 1. Thatthe construddon of a 400 sq. ft room at the Vacuum Filter Building located az 1902 Hawthorne Street, Dubuque, iowa is hereby ordered to be adve~sed for bids for constru~on. Section 2. That the amount of the security to accompany each bid shall be in the amount which shall conform to the provisions of the ~otice to bidders hereby approved as part of the plans and specifications heretofore adopted Section 3. That the City Clerk Is hereby directed to advertise for bids for the construction of the improvement herein orovided 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 twerc[y days prior to the receipt of said bids at 2:00 p.m. on the 1st day of December, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for tinal action at 7:00 p.m. on the 7th day of December, 1998. -.- Passed, approved and adopted this 16th dayefNovember 1998 .: · . Torrance M. Dugga~ May(~r At,est: MaryA. Davis, City Clerk Voetbarg moved adoption of the Resolution. Seconded by Buol. Motion Zoning Ad~)i.~a ry. Commission advising of their approval to rezone property at 1670 Asbury Road from OR & R1 to C2 as requested by Robert Leytem,. presented and read..~' Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An ~)~dinance ,~,mending-~ning Map of the City of Dubuque by reclassifying property at 1670 _Asbury Reqular Sessioni Rd. from OR Office Residential District and R-1 Single Family Residential District to C-2 Neighborhood Shopping Center District, presented and read. Buo] moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Robbins. Motion carded 7-0. Bust moved that a Public Headng be held on the preposed Ordinance on the 7th day of December, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at the SW Comer of Key West Dr. and Maquoketa Dr. from PR Planned Residential Dis. to C2 Neighborhood Shopping Center as requested by IIW Engineers (previous request to rezone from PR to C3 was denied - applicant has requested reconsideration), presented and read. Michalsk~ moved that the communication be received and tiled. Seconded by Budi. Motion carded 7-0. An Ordinance Amending Zoning Map of the City of Dubuque by reclassifying property at the Southwest Corner of Key West Dr. and Maquoksta Dr. from PR Planned Residentie~ District to C-2 Neighborhood Shopping Center District_ presented and read. Micha~ski moved that the requirement that a proposed Ordinance be considered and voted on for passage at ~,vo Council Meetings pdor to the meeting at which it is to be finally passed be suspended. Seconded by Buol. Motion carried 7~0 Michalski moved that a Public Headng be held on the proposed Ordinance on the 7th day of December at 7:00 p.m. in the Public LibraBz Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Zoning Advisory Commission advising of their approval to rezone property at 2162 Reckdaie Rd. from AG to R1 at ~he request of the City of Dubuque, presented and read. Vostberg moved that the communication be received and tiled. Seconded by Buol. Motion carried 7-0. An Ordinance Amending Zoning N0vembei~ 16~ 1998 429 Map of the Dubuque City Code by reclassifying property at 2162 Rockdale Road from AG Agticultural District to R- 1 Single Family Residential District, presented and read. Voetberg moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be tinaliy passed be suspended. Seconded by Buol. Motion carried 7-0. Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 7th day of December, 1998 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carded 7-0. Zoning Advisory Commission advising of their approval to rezone property from AG to PUD with a PR Planned Residential designation, with conditions for a mobile home park at Highway 52 NorLh (Lot 2, Lot 1, SE 1/4, SE 1/4, Section 2, Township 89N, R 2E, Dubuque, IA) as requested by Ed Tschiggfde; Dennis F. Rath, Lawrence & Kathedne Ludwig, John Lanser, Jean Mastin, Julie Pirc-Anstotter, Harry and Mary Aithaus, Ronald J. Pothoff, Frank Pothoff and Al Pothoff objecting to proposed rezoning and mobile home development, Petitions submitted (@900 signatures) objecting to use of Aerostar Dr. in the Terrace Estates Subd. as a possible access road for the proposed 500 trailer mobile home park proposed by developer Ed Tschiggfde, presented and read. Voatberg moved that the commumca~ons be received and flied. Seconded by Markham. Motion carded 7-0.. An OrdinanceAmending Zoning Map of the City of Dubuque by reclassifying property East of Highway 52 and Southeast of Highway 386 from AG Agricultural District to PUD Planned Unit Development District with a' Planned district Designation ~ and Adopting a Conceptual Development Plan, with Cond'~ons, for the Alpine Heights Mobile Home Park: presented and read' Voetberg moved that a Public Hearing be held on the proposed Ordinance on the 7th day of December, 1998 at 7:00 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded byMarkham. Motion carriedT-0. City Manager recommending approval of a request of Car[ J. 430 Regular Session, November 16, 1998 Burbach to vacate a ~ortion of two 10' wide Storm Sewers over Lots 14 & 15 of 9lock 2 of Sunset Park Seventh Addr,., presented and read. Bud morea that the communication be received and tiled. Seconded by Nichelson. Motion carried 7-0. RESOLUTION NO, 537-98 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE A PORTION OF TWO TEN FOOT WIDE STORM SEWER EASEMENTS OVER LOTS 14 AND 15 OF BLOCK 2 OF SUNSET PARK SEVENTH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Cad J. Burbach is the current owner of Lets 14 and 15 of Block 2 of Sunset Park Seventh Addition; and Whereas. a 10 foot wide s~orm sewer easement is currently platted on each of said lots: and Whereas, Car J. Burbach has petitioned to vacaze a portion of the 10 foot wide storm sewer easements in said lots NOW, THEREFORE BE' . IT RESOLVED BY THE CITY COUNCIL OF THE CITY QF DUBUQUE, IOWA: Se~on 1. Thatthe CityofDubuque, Iowa, intends to dispose of its interes[ and vacate two 4 foot wide portions of ~¢/o ten foot wide storm sewer easements over Lots 14 and 15 of Block 2 of Sunset Park Seventh Addition in the City of Dubuque, as shown on the attached Exhibit "A". Section 2. That the CH Clerk be and is hereby authorized and directed to cause a notice to be published as Drascribed under Section 364.7 Code of Iowa 1989 or amended. Passed, approved and adopted this 16th day of November. 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis. City Clerk Buol moved adopfJon of the resolution setting the matter for Public Headng on 12-7-98 at 7:00 pm. in the Put~lic Libraw Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nichoison. Motion carried7-0. city Manager submitting docu'ments' providing for the bidding procedure for the reconstruction of the First Street and Locust Street 'ntersection, presented and reao. Voetberg moved that the communication be received ane filed. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 538-98 RESOLUTION APPROVING COOPERATIVE AGREEMENT WiTH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING -FO THE RECONSTRUCTION OF THE INTERSECTION OF FIRST STREET AND LOCUST STREET Whereas, the City is proposing to reconstruct the intersection of First Street and _ocust Street [o allow left turn movements from westbound First Street ohm Locusz Street thereby improving traffic flow and accessibility; and Whereas, Agreement No. 99-16-064 with the owa Department of Transporiation outlines the responsibilities of LD.O.T. and the City relating to the construction project and providing for I.D.O.T. cost participa~on; and Whereas, the City of Dubuque approves the terms and conditions of said Cooperative Agreement NOW, THEREFORE . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Agreement No. 99- 16-064 consi~ng of an agreement providing for cost particip~on by the Iowa Depa~zment of Transports~on in the reconstruction of the First Street and Locust Street intersection 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 iowa Department of Transportatioo for their approval_ Passed, approved and adopted this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mar~ A. Davis, City Clerk Voetberg moved adoption of th~ Resolution. Seconded by Nicholson. Motion carried 7-0. . , - RESOLUTION NO. 539-98 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 estimated cost for the Reconstruction of First Strae[ and Locust Street Intersection, in the estimated amount of $60,669.71, are hereby approved eno ordered tiled in the office of the City Reqular Session, Clerk for public inspection. Passed, adopted and approved this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Mcton carried 7-0. RESOLUTION NO. 540-98 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the CH Council of the CH 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 CH Clerk for public inspection of the Reconstruction of First Street and Locust Street Intersecton. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of December, 1998, a public hearing wilt be held at 7:00 p.m. in the Public Library Auditorium at which time interested pemons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not {ess than four days nor mere than twenty days prior to the day fixed for its consideration At the hearing, any interested person may appear and file objections To the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. .- RESOLUTiO~ NO. 541-98 ORDERING BIDS NOW THEREFORE, BE 1T RESOLVED BY-THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Reconstruction of First Street and Locust Street [ntersecton is hereby ordered to be advedJsed for bids for construction. BE iT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an November '16i 1998 4.3] 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 Ci;[y Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than lady-five days prior to the receipt of said bids at 2:00 p.m. on the 25th day of November, 1998. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final ac'don at 7:00 p.m. the 7th day of December, 1998. Passed, adopted and approved this 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk Voetberg moved adoption of the Resolution Seconded by Nichoison. Motion carried City Manager recommending disposing of former IDa7 Property - Part of W. F~rst St. and the Alley between Main St. and Freeway - Bishop Block, presented and read. Voetberg moved that the communication be received and filed. Seconded by BuoL Motion carded 7-0. RESOLUTION NO. 542-98 RESOLUTION APPROVING PLAT OF PROPOSED VACATED STREET AND ALLEY Whereas. there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 19, 1996, prepared by I~W Engineers and Surveyors, P.C. describing the proposed vaceted portion of street and alley;, and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW ' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated September 19, 1996, prepared by IIW Engineers and Surveyors~ P.O. relative to the real estate hereinabove described by and the same is hereby approved, and the Mayor and CH 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, for the purpose of 432 Regular Session, November 16, 1998 erecting, installing, construc~ng, reconstructing, repainng, owmng, operating and maintaining wa[er. sewer, drainage, gas, telephone, [.v. cable and electric ines as may be authorized Dy [he City of Dubuque, Iowa. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa Paesec. approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Mary A. Davis CMC. City Clerk Voatberg moved adcotion of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 543-98 RESOLUTION ADVISING OF CITY'S INTENT TO DISPOSE OF CITY'S INTEREST IN LOT IA, lB AND 1C OF BLOCK 1 OF DUBUQUE HARBOR COMPANY ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the Bishops Block Limited ParthershiD has requested the City of Dubuque To convey Lot IA, lB and 1C of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque, Iowa to them. Whereas, the City Council of {he C;r[y of Dubuque, Iowa has determined thai Lot lA, lB and-lC of Block I cf Dubuque Harbor Company Addition in the City of Dubuoua. Iowa to them is no longer required for public use, and the sale of said Lot lA, lB & tC of Block 1 of Dubuque Harbor Company Add~on in the City of Dubuque, Iowa should be approved. NOW THEREFORE. - ' BE IT F~ESOLVED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot lA, 'lB and 1C of Block 1 cf Dubuaue Harbor Company Addition in the C~ of Dubuque, iowa. Section 2. That the conveyance of Lot lA. lB and 1C of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque; Iowa 'to the Bishi3ps Block Limited Partnership be contingent upon the paymen[ of $1,500.00, Plus the cost of publication platting, tiling fees and upon the granting of parking access and utility easemems across Lots lA and 1C of Block 1 of Dubuque Harbor Company Addtdon in the City of Dubuque, I~wa to Rober~ and Jane Mehd and David anc ' Lthda Herbst and their successors and assigns. Section 3. That the City Clerk be and is hereby authorized and directed cause a notice of inten[ to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 16th day of November, 1998. Torrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voetberg moved adoption of the Resolution and set this for-Public Headng on 12-7-98 at 7:00 p.m. in the Public Ubrary Auditorium. Seconded by Buot. Motion carried 7-0. RESOLUTION NO. 544-98 RESOLUTION ADVISING OF CITY'S INTENT TO DISPOSE OF CITY'S INTEREST IN LOT 3A AND 3B OF BLOCK 1 OF DUBUQUE HARBOR COMPANY ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Robert Mehr~ and Jane Mehd have requested the City of Dubuque to convey Lot 3A and 3B of Block I of D~Jbuq~e' Harbor Company AddiSon in the City of Dubuque, Iowa to them. - Whereas, the Cit;/CounCil of tf~ City of Dubuque, Iowa has determined that Lot 3A and 3B of Block I of Dubuque Harbor Company Add,on in the City of Dubuque, owa to them is no longer required for public use, and the sale of said Lot 3A and 3B of Block I of Dubuque Harbor Company Addffion in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE ' IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Thatth~ City cf Dubuque intends to dispose of its interest in Lot 3Aand 3B of Block1 of Dubuque Harbor Company Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 3A and 3B of Block 1 of Dubuque Harbor Company Addition in the City of Dubuque, iowa to Robert Mehd and Jane Mehri be contingent upon the transfer of ali rights (except access and utility easements] in Lot lA of Block ef Dubuque Harbor Company Addition in th_e, City of Dubuque;.-l&wa to Bishop s Block Limited. Partnership. 'Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said rea] estate to be published in the manner as prescribed by law. Passed, approved and adopted this Reqular Session, November 15,'1998 433 16th day of November, 1998. Terrance M. Duggan, Mayor Attest: MaryA. Davis, City Clerk Voatberg moved adoption of the Resolution and set this for Public Hearing on 12-7-98 at 7:00 p.m. in the Public Library Auditorium. Seconded by Buol. Motion carried7-0. City Manager recommending a Hearing be set to consider assessing a Civil Penalty of a $300 against vadous business eatab[ishments for tobacco violations (Cue Master Ltd, Denny's Lux Club, Eagle Food Center at 300 S. Locust, Ha~g Drug at 700 Town Clock Plaza, HyVee Food Store, K-Mart, King of Clubs, Milk House at 620 S. Grandview and Pop's Gas), presented and read. Michalski moved that the communications be received and filed and set heaings for 12-7-98 at 7:00 P.M. in the Public Library Auditorium. Seconded by Markham. Motion carried 7-0. City Manager recommending a Public Hearing be set to allow Public Input on expending FY 97 and FY98 Block Grant Funds, presented and read. Voetberg moved that the communication be received and ~led and s~t 'hearing for 12-7-98 at 7:00 P.M. in the Public Ubrary Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by BuoL Motion carried 7-0. At 8:26 p.m. Voetberg moved to go into Closed Session In accordance with Chapter 21.5 1.(j'~ State Code of Iowa, 1997 as amended, To discuss ti~e purchase of particular real estate where premature disclosure could be reasonably expected to increase the pdce the governmental body would have to pay for that property. Seconded by Nicholson. Motior carried 7-0. 1999 Coundl Members Attest /~ ~ City'Clerk~/ Session at 9:00 p.m. stating that Staff had been given proper direction. There being no further business, Markham moved that the meeting adjourned. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 9:01 p.m. /si Mary A. Davis, CMC City Clerk 434 Special Session, November 24, 1998 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council. Work Session/Special Meeting, Tuesday, November 24, 1998 Council Met at 5:00 P.M. Public Library Auditorium Present: Mayor Duggan, Council Members Bual, Markham, Michalski, Nicho]sor., Robbins, Voetberg, City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindah[. Mayor Duggan read the call and stated this is a Work Session/Special Meeting called for the purpose for City Staff to present Annexation Study and m go into Closed Session to discuss the purchase of certain real estate. City of Dubuque Annexation Study was presented by City Staff; Request from City of Asbury to negotiate annexation boundaries and City of Asbury regarding connection to City of Dubuque Water Distribution System were presented and discussed. At 6:36 P.M. Michalski moved to go into Closed Session in accordance with Chap[e~ 21.5 l(j) to discuss the purchase of oaffdcular real estate where erema[ure disclosure could be reasonably expected to increase the atica the governmental body would have To pay for that property. Seconded byVoetberg. Motion carried Council reconvened Regular Session ar 7:05 P.M. with Staff being g~ven proper direction. There being no further business, Michalski movea to adjourn the meeting, Seconded by Voetberg. Motion carded 7-0. The meeting adjourned at 7:06 P.M. /s/Mary A. Davis CMC City Clerk