The URL can be used to link to this page

Proof of Publication 02 07 00_1JSJLLUY'P . lJ • a i , ♦ riot waisAS weH-9 red Hoes Manager submitting the Housing Department's fourth annual port Town Rrects" eived �uudrvrveeflyybtlupen motion mceNe • City Manager submitting the CCoomprehensive� Annual Financial Report and Audit upon motion received and Ned. City recommending annce of the 1999 Sidewalk Asaeabniem - Pennsylvanle : Avenue from VISO AO Erabasey WWI Drive end new recomtand- ing that the Sthedulof Speciall Aeaeaements " be rescinded. upon motion received and fleck 9ud moved ad.. ion oft Resolution No. 21-r4 AcceWNo Ian vern t for protect' Reiu9n 22-00Approvingfl$2 satinet in amount of $26,206.07;RescntioNo. 23-00 Rescinding Resolution >Y- o ovdkq forte ssctdul of preliminary assessments for the 1998Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West, Drive and sitResolutiono Necessity o. Seconded by Nicholson. Motion carded 7-0. City Manager recommending approval of a License Agreement with Seneca Environment& Services, upon motion received and filed. Boot moved adoption of Resolution. No. 24-00 Authorizing th Maya to execute a License Agreement with Seneca EN/kenneled' Services to Install giaat20 public right-of-way 31 University. Seconded by Nicholson. Motion canied Manager recommending ▪ a e public hn mettle Asbury Plats - � ved and Accepting So• n Of Resolution sewer end wetMlne In Asbury Plaza - Phase IA. Seconded by Robbins. Motion cardedM 7-0. q acceptancecsof the Wm. M. Bled4 Phase 41 Project, motion received and fl ed. Buol- movedadoption of: Resolution No. 26-00 • Yon 409 ptiount .dkdonprpVen 2m 0S.cpdtalsrled 7- ty Robbina AAotbn 0. City Manager BUSINESSES, pied S Prices Errors in 7lde Or KING AND OFFER AN Accepti g im rrovement0fbr Accept 9 P projectfinNo. Sin 0 0amount Approving provi ng fflnal estimatee1 $84,309.30. Seconded by Nicholson. Motion canted 7-0. Resignation of Kelly Sebastian from the Cable Community Teleprogramming Commission, upon motion received and filed and accept- ed the resignation with regret. FIGtlleo . ohotlon City Manager recommending 'vWlcay� anion of Wm. - Phaselg Project, ypntnDtion mend and.filed. BIrfl Moved r of: Resolution No. ZB�O improvement No final amount $$7, Mbtbncaldd 7-0. reocimmendIng acitY Mlei csieptepte of the Cable Car Square Lighting Prdjedt, upon melon received and . flied. Nicholson Buol move adoption - ot an amendmeM' to t Community Development Block - Grant Citizen Participation Plan,` upon motion received and filed. Bud moved adoption ot Resolution No. 32-00 Approving an amendment to the Citizen Participation Plan for the Community Grant (CDBG) P Developmentro Seconded by Nicholson Motion came 7-0. approval publish Managerrecommending notice for release of funds for Marla House Project,"upon motOnrecelved end filed. &id moved 33-00 Authorial Resolution catkin of a combined findings of no Significant impact : on Environment and Notice of Intent to Request Release of Funds for Maria Hdws Project. Seconded by Nicholson. Mogan canted i-0. cay manager bm settlement of d&rHori w Development for additional site development'experises I the amount of $2Qgo0, upan motion received and filed and approved recommend&Ion. City Manager submitting infomdion On en Emergency ublic meeting which e p was held January 12,. 2000, upon motion received and fled. city Manager submitting. copy oto loofa f coo fence and fsnoarice ten on proposed levy leglela- tiioCflann, upon motionfthliatreceived Mstl- rev risn cn pi reapOr derlso g8op s grant application to 6' 1 iED oc fend use• pidning process, upon -motion receive and fli Library Board of Trustees ' L end STATE OF IOWA mimes" ad"�foo BUQUE COUNTY mtsnr. ^g ,Fp�on p • oporetl1 {SS: CERTIFICATION OF PUBLICATION WIG 1nofb98 _ M&1"Oca ratio n, Kathy Hefei, a till mg Clerk for Woodward Communications, Inc., an Iowa e4 'corporation, publisher of the Telegraph Herald, a newspaper of general circu- s%r lation published in the City of Dubuque, County of Dubuque and State of Iowa; se,,,ke hereby certify that the attached notice was published in said newspaper on the Motion, s/foo, 011ry following dates charge is S 177, 71 I la if 02000 , and for which the Subscribed to before �me,, a Notary Public in and for Dubuque County, Iowa, this Ara day of:OtCh.tet f S ddee° . Notary Public in and for Dubuque County, Iowa EIIMOER M13510N EXPIRES ',UAI-1Y 1 2002 RECEIVED 00 FEB 29 VII: 10 City UerK's Office Dubuque, IA CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 7, 2000 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Markham, Michalski Nicholson, Robbins, Cline, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose to act upon such business which may properly come before the Council. Invocation was given by Rev. Thomas Hannan, Director of the Dubuque Community Food Pantry. MINUTES SUBMITTED: Airport Commission of 1/24/00; Civil Service Commission of 12/10/99; Community Development Advisory Commission of 12/7/99; Five Flags Commission of 1/17/00 (can- celed); Housing Commission of 12/14/99; Housing Commission Trust Fund Committee of 1/27/00; Human Rights Commission of 12/13/99; Investment Oversight Commission of 1/20/00; Park and Recreation Commission of 1/11/00; Transit Trustee Board of 9/9/99 and 12/9/99; Zoning Board of Adjustment of 12/15/99, upon motion received and filed. Proof of Publication on pub- lishing of Council Proceedings for 1/3/00, upon motion__ received and filed. Dubuque Racing Association (DRA) submitting their financial statements for year ending November 30, 2000 (Copy on file in City Clerk's Office for review), upon motion received and filed. Substance Abuse Service Center Second Quarter report.- for FY 2000, upon motion received and filed. Convention and Visitors Bureau Quarterly Report, upon motion received and filed. NOTICES OF CLAIMS/ SUITS: Banner Investments in the estimated amount of $250.00 for property damage; LuAnn Cox in unknowr1., amount for personal injuries; Su Yen Chong in unknown amount for vehicle damage; Kirk Dahl in estimated amount of $500.00 for vehicle damage; Nora Gierens in estimated amount of $73.00 for personal injuries, upon motion referred to the Legal Staff for investiga- tion and report. Corporation Counsel advising — following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool for the follow- ing claims: personal injury of Elaine Oberbroeckling; vehicle damage of Kirk Dahl; reim- bursement for expenses and loss of business of Trilog, Inc., upon motion received and filed. Corporation Counsel recom- mending denial of vehicle damage claim of Kirk Dahl; reimbursement of towing, stor- age and car rental charges of Ron Pergande, upon motion received and filed and approved recommendations. Corporation Counsel recom- mending that the vehicle dam- age claim of Penny A. Gronen be referred to Horsfield Construction, upon motion received and filed and approved recommendation. Corporation Counsel submit- ting judgment in favor of City, on sanitary sewer backup claim of George and Marilyn Langas resulting from May 1999 rain storm, upon motion received and filed. City Manager recommending hearings be held on February 21, 2000 to assess civil penal- ties for tobacco violations ($300 penalty for first viola: — bons —AMOCO Food Shop at 1701 JFK Road, IOCO Speede •Shoppe at 3250 Dodge, and Tri-State Golf Center at 1095 Cedar Cross Road; 30 day suspension for second viola- tion —"IOCO Speede Shoppe at 2335 University), upon motion received and filed communication and approved recommendation setting hear- ings for 2-21-00 at 6:30 p.m. in the Public Library Auditorium. Petition submitted by Larry G. McMullen, 1755 Overview Court, requesting that no park- UCJLt3Y" S" a3)IV3dS 031i3 ` HONI-01- `AbM- `llVM-09 1:133NOr rf y n 'sena lueisul • lacingE y .. ty lell6la • xn"lo- adnf olnu!-ll!n8 Z a x09 • a6awEAPV leia weleAS peaH-9 uolsi�ad City Manager submitting the Housing Department's fourth annual "River Town Rents" survey, upon motion received and filed. City Manager submitting the — Fiscal Year 1999 Comprehensive Annual Financial Report and Audit Reports, upon motion received and filed. City Manager recommending acceptance of the 1998 Sidewalk Assessment - Pennsylvania Avenue from_ Vizaleea to Embassy West Drive and further recommend- ing that the Schedule of Special Assessments be rescinded, upon motion received and filed. Buol moved adoption of: Resolution No. 21-00 Accepting Improvement for project; Resolution No. 22-00 Approving final estimate in amount of $26,206.07; Resolution No. 23-00 Rescinding Resolution #286- 98 providing for the schedule of preliminary assessments for the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West Drive and rescinding Resolution of Necessity #326-98. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a License Agreement with Seneca Environmental Services, upon motion received and filed. Buol moved adoption of Resolution No. 24-00 Authorizing th- Mayor to execute a License Agreement with Seneca Environmental Services to install monitoring wells on public right-of-way at 2301 University. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of public improve- ments in Asbury Plaza - Phas- IA, upon motion received and filed. Michalski moved adop- tion of Resolution No. 25-00 Accepting sanitary sewer and waterline in Asbury Plaza - Phase IA. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the Wm. M. Black, Phase II Project, upo motion received and filed. Buol moved adoption of: Resolution No. 26-00 Accepting improvement for project and Resolution No. 27- 00 Approving final estimate in amount of $77,046.57. Seconded by Robbins. Motion carried 7-0. City Manager recommendin• acceptance of Wm. M. Black - Phase III Project, upon motion received and filed. Buol moved adoption of: Resolution No. 28-00 Accepting improvement for project and Resolution No. 29-00 Approving final estimate in amount of $87,400.00. BUSINESSES, Seconded by Nicholson. ed Supplier S Motion carried 7-0. Iw Prices Or Delayed pP City Manager recommending otices For Errors In This Adverti acceptance of the Cable Car STOCKING AND OFFERING TO 1 Square Lighting Project, upon PLUS AN motion received and filed. Buol moved adoption of: IVIVVCI sr5. $2L 409 Resolution No. 30-00 Accepting improvement for project and Resolution No. 31- 00 Approving final estimate in amount of $84,309.30. Seconded by Nicholson. Motion carried 7-0. Resignation of Kelly Sebastian from the Cable Community Teleprogramming Commission, upon motion received and filed and accept- ed the resignation with regret. City Manager recommending an amendment to the Community Development Block Grant Citizen Participation Plan, upon motion received and filed. Buol moved adoption of Resolution No. 32-00 Approving an amendment to the Citizen Participation Plan for the Community Development Block Grant (CDBG) Program.... Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval to publish combined notice for release of funds for Maria House Project, upon , motion received and filed. Buol moved adoption of Resolution No. 33-00 Authorizing publi- cation of a combined notice of_ findings of no Significant Impact on Environment and Notice of Intent to Request Release of Funds for Maria House Project. Seconded by Nicholson. Motion carried 7-0. City Manager recommending settlement of claim by Horizon Development for additional site development expenses in the amount of $20,000, upon motion received and filed and approved recommendation. City Manager submitting information on an Emergency Planning Committee public meeting which was held January 12, 2000, upon motion received and filed. City Manager submitting_ copy of correspondence to local senators and representa- tives on proposed levy legisla- tion, upon motion received and filed. City Manager submitting cor- respondence to County Board of Supervisor Chairperson Alan Manternach supporting a grant application to IDED for. land use planning process, upon motion received and filed. Library Board of Trustees STATE OF IOWA fss: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefel, a Ming Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circu- lation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates I h ruck v- 9 i J -OQCU , and for which the charge is $ I77, -7( Subscribed to before me,�a Notary Public in and for Dubuque County, Iowa, this /2 i day of ? 24 / a `/ is croee . Notary Public in and for Dubuque County, Iowa WE:TERMEYER MY COMMISSION EXPIRES FEBRUARY 1, 2002 a3)IV3dS 031l31r HONI-0L `AVM-E, `,L,jVM-09 1:133NO,-- t 6EE •s9R313uelsul • saved d lY 1ei161G • xn-in oi S 3f (Any ul-lllfB • wooz Jed a -161a xgg • e6e}uenpy leis wa3sAS PEaH-9. uois,�ed City Manager submitting the Housing Department's fourth annual "River Town Rents" survey, upon motion received and filed. City Manager submitting the Fiscal Year 1999 Comprehensive Annual Financial Report and Audit Reports, upon motion received and filed. City Manager recommending acceptance of the 1998 Sidewalk Assessment - Pennsylvania Avenue from.. Vizaleea to Embassy West Drive and further recommend- ing that the Schedule of Special Assessments be rescinded, upon motion received and filed. Buol moved adoption of: Resolution No. 21-00 Accepting Improvement for project; Resolution No. 22-00 Approving final estimate in amount of $26,206.07; Resolution No. 23-00 Rescinding Resolution #286- 98 providing for the schedule of preliminary assessments for the Sidewalk 1998 Assessment - Pennsylvania Avenue from Vizaleea to Embassy West, Drive and rescinding Resolution o Necessity #326-98. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a License Agreement with Seneca Environmental Services, upon motion received and filed. Buol moved adoption of Resolution No. 24-00 Authorizing th- Mayor to execute a License Agreement with Seneca Environmental Services to install monitoring wells on public right-of-way at 2301 University. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of public improve- ments in Asbury Plaza - Phas- IA, upon motion received and filed. Michalski moved adop- tion of Resolution No. 25-00 Accepting sanitary sewer and waterline in AsburyPlaza - Phase IA. Seconded by. Robbins. Motion carried 7-0. City Manager recommending acceptance of the Wm. M. Black, Phase II Project, upo motion received and filed. Buol moved adoption of: Resolution No. 26-00 Accepting improvement for project and Resolution No. 27- 00 Approving final estimate in amount of $77,046.57. Seconded by Robbins. Motion carried 7-0. City Manager recommendin. acceptance of Wm. M. Black - • Phase III Project, upon motion received and filed. Buol moved adoption of: Resolution No. 28-00 Accepting improvement for project and Resolution No. 29-00 Approving final estimate in amount of $87,400.00. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of the Cable Car Square Lighting Project, upon motion received and filed. Buol moved adoption of: Resolution No. 30-00 submitting the Carnegie -Stout Accepting improvement for Public Library Long Range project and Resolution No. 31- Plan 2000 - 2005, upon motion 00 Approving final estimate in received and filed. amount of $84,309.30._ Buol moved adoption of Seconded by Nicholson. Resolution No. 34-00 Grantin. Motion carried 7-0. issuance of Class "B" Beer Resignation of Kelly Permit to Bunker Hill Golf Sebastian from the Cable Course; and Class "C" Beer -Dok #8,Bi g 10 CommunityTele ro rammin Permit to Oky-Doky P 9 9 1 and Commission, upon motion' Mart,.Econofoods #471, received and filed and accept- Dubuque Discount Gas and ed the resignation with regret. Resolution No. 35-00 Granting City Manager recommending issuance of Class "C" Beer/ an amendment • to the_i Liquor License to Tony's Community Development Place, Pusateri's, Chi-Chi's Block Grant Citizen Goetz's, The Clubhouse, and Participation Plan, upon Town Clock Inn; and Class "B" motion received and filed. Buol Wine Permit to Econofoods moved adoption of Resolution. #471. Seconded by Nicholson. No. 32-00 Approving an Motion carried 7-0. amendment to the Citizen BOARDS AND COMMIS - Participation Plan for the SIONS Community Development Individuals are invited to Block Grant (CDBG) Program. address the Council to Seconded by Nicholson. express their desire to serve Motion carried 7-0. on various City Manager recommending Boards/Commissions. approval to publish combined Civic Center Commission: notice for release of funds for Applicant - Cynthia A. Fuller. Maria House Project, upon Ms. Fuller spoke. motion received and filed. Buol Community Development moved adoption of Resolution Commission: Applicants - Bill No. 33-00 Authorizing publi- Daugherty (Census Tract #1) cation of a combined notice of.. and Thomas Wainwright (At - findings of no Significant Large). Thomas Wainwright Impact on Environment and spoke. Notice of Intent to Request TV Cable Regulatory Release of Funds for Maria Commission: Applicant - Mike House Project. Seconded_by Pratt. Mr. Pratt was unable to Nicholson. Motion carried 7-0. be in attendance. City Manager recommending TV Cable Community settlement of claim by Horizon T e l e p r o g r a m m i n g Development for additional Commission: Applicant - Paul site development expenses ir>. R. Kohl. Mr. Kohl spoke. the amount of $20,000, upon APPOINTMENTS to the fol- motion received and filed and lowing Boards / Commissions: Environmental Stewardship Advisory Commission: Applicant — David B. Czarnecki. Upon motion Mr. Czarnecki appointed to fill the unexpired term which will expire 10-1-00. Housing Code Appeals Board: Applicants — David Althaus, Thomas Swift. Upon motion Mr. Althaus and Mr. Swift reappointed to the Housing Code Appeals Board for three year terms which will expire 1-11-03. Human Rights Commission: Applicants — Judith H. Giesen, Joseph A. Hopkins, Marty O'Shea, William Ross Charles F. Ryan, Katherine V. Stevens. Upon vote Marty O'Shea reappointed and approved recommendation. City Manager submitting information on an Emergency Planning Committee public meeting which was held January 12, 2000, upon motion received and filed. City Manager submitting• copy of correspondence to local senators and representa- tives on proposed levy legisla- tion, upon motion received and filed. City Manager submitting cor- respondence to County Board of Supervisor Chairperson Alan Manternach supporting a grant application to IDED for., land use • planning process, upon motion received and filed. Library Board of Trustees Charles F. Ryan and Katherine V, Stevens appointed to three year terms which will expire 1- 1-03. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Proofs of Publication on Not ice of Hear ing on Plans an d Specs s c an d Notice to Bidders on the Receipt of Bids for Construction of Highway 20 Landscape Design Bid Package #1 and City Manager recommending award of con- tract for project, upon motion received and filed. City Manager submitted a second recommendation to reject all bids and to rebid the project. Buol moved to receive and file the communications and to reject the 'bids. Seconded by Nicholson. Motion carried 7-0. Attorney Art Gilloon on behalf of Nauman Nursery spoke requesting that all bids be rejected and the project rebid. John Smith of Smith Seeding spoke in opposition to the City Manager's recommendation. Proof of publication on Notice of Public Hearing to reclassify property located in the 2001 block of Radford Road from AG to R-1 Single Family a requested by Don Bycroft and Joseph Siegert, upon motion received and filed. Ordinance No. 8-00 Amending the Zoning Ordinance by reclassifying property located in the ,2000 block of Radford Road from AG Agricultural District to R-1 Single Family Residential District, said Ordinance havin. been presented and read at the Council Meeting of 1-17- 00, now presented for final action. Buol moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proof of publication on Notice of Public Hearing to reclassify property located at 2239-224 Central Avenue from R-2A Alternate Two -Family Residential to C-4 Downtown Commercial, as requested by Richard and Brenda Hartig, upon motion received and filed. Ordinance No. 9-00 Amending the Zoning Ordinance by reclassifying property located at 2239-224 Central Avenue from R-2A Alternate Two-Familv Residential District to C-4 Downtown Commercial District, said Ordinance having been presented and read at the Council Meeting of 1-17- 00, now presented for final action. Robbins moved final consideration and passage o the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proofs of Publ ication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Installation of an Elevator at the Locust Street Parking Ramp AND City Manager rec- ommending award of contract for project, upon motion received and filed. Markham moved adoption of: Resolution No. 36-00 Adopting plans and specs for project and. Resolution No. 37-00 Awarding contract for project to Schumacher Elevator Company in the amount of $65,841.00. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice. of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for the Catfish Creek Pump Replacement Project and City Manager recommending award of contract for project, upon motion received an. filed. Nicholson moved adop- tion of: Resolution No. 38-00 Adopting Plans and specs for project and Resolution No. 39- 00 Awarding contract for pro- ject to Portzen Construction in the amount of $336,680. Seconded by Markham. Motion carried 7-0. Upon motion the rule was reinstated limiting the discussion to the Council. Request from Royce Wilken, President of American River Transportation, to address Council concerning barge fleeting. Mr. Wilken of Decatur, IL spoke to the necessity of having sufficient area allowed for barges to park. Upon motion this matter was referred to the City Manager. City Manager recommending adoption of several amend- ments to the Motor Vehicles and Traffic Sections of the Code of Ordinances, upon motion received and filed. Ordinance No. 10-00 Amending Section 32-261(d of the Code of Ordinances to prohibit parking at any time in certain designated zones relat- ing to Eighth Street between Locust. and. Iowa Streets; Ordinance No. 11-00 Amending the Code of Ordinances by modifying Subsection (b) of Section 32- 214 thereof providing for the addition of a stop sign • on Futu ro ro Court at Chavenelle venelle Road; Ordinance No. 12-00 Amending Section 32-262(d) of the Code of Ordinances to prohibit parking on designated streets or portions thereof adding ' Chavenelle Road; Ordinance No. 13-00 Amending the Code o Ordinances by revising Subsection (c) of Section 32- 231 providing for the estab- lishment of speed limits on Chavenelle Road; Ordinance No. 14-00 Amending the Code of Ordinances by modifying Subsection (b) of Section 32- 214 and Subsection (b) of Section 32-216 thereof provid- ing for the change from yield signs to stop signs on St. John Drive at Hillcrest Road; Ordinance No. 15-00 Amending Section 32-262 (d) of the Code of Ordinances prohibiting parking on desig- nated streets or portions thereof adding certain portions of Charter Street, presentee and read. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0 City Manager recommending approval of additional local matching funds for the Ice Harbor Traffic Study, upon final motion resolved to approve the recommendation subject to the deletion of the #1 element "Study of the inter- section of Third & Main St. to determine the feasibility of an additional two-lane bridge par- allel to the existing two-lane Third St. overpass" and further moving that the City Manager bring back a revised cost fig- ure for the additional work. City Manager requesting publicl Year 001 Budget•he set FIfora March 7, 2000, upon motion received and filed. Michalski moved adoption of Resolution No. 40- 00 Setting the date for Public Hearing on Fiscal Year 2001 Budget to be March 7, 2000 and Resolution No. 41-00 Setting the date for Public Hearing on Five Year Capital Improvement Program to. be March 7, 200 0. Seconded by Robbins. Mot ion carried 7-0. City Manager requesting public hearing be held on February 23, 2000 on the FY 2001 Annual Action Plan for use of Community Development Block Grant (CDBG) Funds for FY 2000- 2001, upon motion received_ and filed and approved setting public hearing for February 23, 2000. City Manager submitting doc- uments providing for construc- tion of Cox Street Storm Sewer, upon motion received and filed. Robbins moved adoption of: Resolution No. 42-00 Preliminary approval of_, plans and specs for project in estimated amount of $47,930.85; Resolution No. 43-00 Fixing Date of Hearing on plans and specs for March 6, 2000; and Resolution No: 44-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0. City Manager submitting doc' uments providing for Expansion of the Fifth Street Parking Ramp, upon motion received and filed. Markham moved adoption of: Resolution No. 45-00 . Preliminary approval, of plans and specs. for project in estimated , amount of • $1,900,000;_ Resolution No. 46-00 Fixing Date of Hearing on plans and specs for March 6, 2000; and Resolution No. 47-00 Ordering Bids and directing Clerk to advertise. Seconded by Robbins. Motion carried 7-0. City Manager recommending that a public hearing be set for March 6, 2000, to consider a-1 request from Medical Associates Realty, L.P., to vacate portions of Chavenelle Road and Associates Drive, upon motion received and filed. Buol moved adoption of Resolution No. 48-00 Approving plat of proposed vacated Chavenelle Road and Resolution No. 49-00 Approving plat of proposed — vacated Associates Drive. Seconded by Nicholson: Motion carried 7-0. Ordinance No. 16-00 Vacating the por- tions of Chavenelle Road and Associates Drive, presented and read. Buol moved that the requirement that a proposed Ordina nce be consi dered and O voted on for pas sage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of Resolution No. 50-00 Advising of intent to dispose of City interest in Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 and further set this matter for Public Hearing on 3-6-00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 8:15 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation (Iowa Code §21.5(1)(c) AND Purchase of Real Estate (Iowa Code.§21.5(1)(j) . . At 8:43 P.M. Council recon- vened Regular Session stating — that staff had been given prop- er direction. There being no further busi- ness, upon motion meeting adjourned at 8:44 P.M. /s/Jeanne-F. Schneider City Clerk 1t 2/16 STA DUI I, Kat corpo lation hereb follow charg Subsc this European nations to tions with the EU o standards for joining misimmunimmonlIMIIM ing be posted on the south side of Overview Court, upon motion referred to the City Manager. —+ Communication of City Manager recommending that the City certify to the State Treasurer the population of areas annexed to the City since the 1990 Census, upon motion received and filed. Communication of City Manager advising of a $400,000to the Cit_ from the Ioward Departmentt of Economic Development for a housing project at Maria House, upon motion received and filed. City Manager submitting the Housing Department's fourth annual "River Town Rents" survey, upon motion received and filed. City Manager submitting the Fiscal Year 1999 Comprehensive Annual Financial Report and Audit Reports, upon motion received and filed. City Manager recommending acceptance of the 1998 Sidewalk Assessment - Pennsylvania Avenue from_ Vizaleea to Embassy West Drive and further recommend- ing that the Schedule of Special Assessments be rescinded, upon motion received and filed. Buol moved adoption of: Resolution No. 21-00 Accepting Improvement for project; Resolution No. 22-00 Approving final estimate in amount of $26,206.07; Resolution No. 23-00 Rescinding Resolution #286- 98 providing for the schedule of preliminary assessments for the 1998 Sidewalk Assessment - Pennsylvania Avenue from Vizaleea to Embassy West, Drive and rescinding Resolution of Necessity #326-98.. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a License Agreement with Seneca Environmental Services, upon motion received and filed. Buol moved adoption of Resolution No. 24-00 Authorizing th- Mayor to execute a License Agreement with Seneca Environmental Services to install monitoring wells on public right-of-way at 2301 University. Seconded by Nicholson. Motion carried 7-0. City Manager recommending acceptance of public improve- ments in Asbury Plaza - Phas- IA, upon motion received and filed. Michalski moved adop- tion of Resolution No. 25-00 Accepting sanitary sewer and waterline in AsburyPlaza - Phase IA. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of the Wm. M. Black, Phase II Project, upo motion received and filed. Buol moved adoption of: Resolution No. 26-00 Accepting improvement for project and Resolution No. 27- 00 Approving final estimate in amount of $77,046.57. Seconded by Robbins. Motion carried 7-0. City Manager recommending acceptance of Wm. M. Black - • Phase III Project, upon motion received and filed. Buol moved adoption of: Resolution No. 28-00 Accepting improvement for oroiect and Resolution No. Resolution No. 30-00 Accepting improvement for project and Resolution No. 31- 00 Approving final estimate in amount of $84,309.30. Seconded by Nicholson. Motion carried 7-0. Resignation of Kelly Sebastian from the Cable Community Teleprogramming Commission, upon motion received and filed and accept- ed the resignation with regret. City Manager recommending an amendment • to the Community Development Block , Grant Citizen Participation Plan, upon motion received and filed. Buol moved adoption of Resolution. No. 32-00 Approving an amendment to the Citizen Participation Plan for the Community Development Block Grant (CDBGN Pro o ram Seconded by Motion carried 7-0. City Manager recommending approval to publish combined notice for release of funds for Maria House Project, upon motion received and filed. Buol moved adoption of Resolution No. 33-00 Authorizing publi- cation of a combined notice o findings of no Significant Impact on Environment and Notice of Intent to Request Release of Funds for Maria House Project. Seconded by Nicholson. Motion carried 7-0. City Manager recommending settlement of claim by Horizon Development for additional site development expenses i the amount of $20,000, upon motion received and filed and approved recommendation. City Manager submitting information on an Emergency Planning Committee public meeting which was held January 12, 2000, upon motion received and filed. City Manager submittin. copy of correspondence to local senators and representa- tives on proposed levy legisla- tion, upon motion received and filed. „Y.mit4mn nor - submitting the Carnegie -Stout Public Library Long Range Plan 2000 - 2005, upon motion received and filed. Buol moved adoption of Resolution No. 34-00 Grantin• issuance of Class "B" Beer Permit to Bunker Hill Golf Course; and Class "C" Beer Permit to Oky-Doky #8, Big 10 Mart, Econofoods #471, and Dubuque Discount Gas and Resolution No. 35-00 Granting issuance of Class "C" Beer/ Liquor License to Tony's Place, Pusateri's, Chi-Chi's Goetz's, The Clubhouse, and Town Clock Inn; and Class "B" Wine Permit to Econofoods #471. Seconded by Nicholson. Motion carried 7-0. BOARDS AND COMMIS- SIONS Individuals are invited to address the Council to express their desire to serve on various Boards/Commissions. Civic Center Commission: Applicant - Cynthia A. Fuller. Ms. Fuller spoke. Community Development Commission: Applicants - Bill Daugherty (Census Tract #1) and Thomas Wainwright (At - Large). Thomas Wainwright spoke. TV Cable Regulatory Commission: Applicant - Mike Pratt. Mr. Pratt was unable to be in attendance. TV Cable Community Teleprogramming Commission: Applicant - Paul R. Kohl. Mr. Kohl spoke. APPOINTMENTS to the fol- lowing Boards / Commissions: Environmental Stewardship Advisory Commission: Applicant — David B. Czarnecki. Upon motion Mr. Czarnecki appointed to fill the unexpired term which will expire 10-1-00. Housing Code Appeals Board: Applicants — David Althaus, Thomas Swift. Upon motion Mr. Althaus and Mr. Swift reappointed to the Housing Code Appeals Board for three year terms which will Charles F. Ryan and Katherine V, Stevens appointed to three year terms which will expire 1- 1-03. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Construction of Highway 20 Landscape Design Bid Package #1 and City Manager recommending award of con- tract for project, upon motion received and filed. City Manager submitted a second recommendation to reject all bids and to rebid the project. Buol moved to receive and file the communications and to reject the 'bids. Seconded by Nicholson. Motion carried 7-0. Attorney Art Gilloon on behalf of Nauman Nursery spoke requesting that all bids be rejected and the project rebid. John Smith of Smith Seeding spoke in opposition to the City Manager's recommendation. Proof of publication on Notice of Public Hearing to reclassify property located in the 2001 block of Radford Road from AG to R-1 Single Family a requested by Don Bycroft and Joseph Siegert, upon motion received and filed. Ordinance No. 8-00 Amending the Zoning Ordinance by reclassifying property located in the 2000 block of Radford Road from AG Agricultural District to R-1 Single Family Residential District, said Ordinance havin. been presented and read at the Council Meeting of 1-17- 00, now presented for final action. Buol moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proof of publication on Notice of Public Hearing to reclassify property located at 2239-2241 Central Avenue from R-2A Alternate Two -Family Residential to C-4 Downtown Commercial, as requested y Residential District to C-4 Downtown Commercial District, said Ordinance having been presented and read at the Council Meeting of 1-17- 00, now presented for final action. Robbins moved final consideration and passage o the Ordinance. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for Installation of an Elevator at the Locust Street Parking Ramp AND City Manager rec- ommending award of contract for project, upon motion received and filed. Markham moved adoption of: Resolution No. 36-00 Adopting plans and specs for project and. Resolution No. 37-00 Awarding contract for project to Schumacher Elevator Company in the amount of $65,841.00. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication on Notice of Hearing on Plans and Specs and Notice to Bidders on the Receipt of Bids for the Catfish Creek Pump Replacement Project and City Manager recommending award of contract for project, upon motion received an• filed. Nicholson moved adop- tion of: Resolution No. 38-00 Adopting Plans and specs for project and Resolution No. 39- 00 Awarding contract for pro- ject to Portzen Construction in the amount of $330,680. Seconded by Markham. Motion carried 7-0. Upon motion the rule was reinstated limiting the discussion to the Council. Request from Royce Wilken, President of American River Transportation, to address Council concerning barge fleeting. Mr. Wilken of Decatur, IL spoke to the necessity of having sufficient area allowed for barges to park. Upon motion this matter was referred to the City Manager. Mana recom arinCityntion o er several amendmending- prohibit parking at any time in certain designated zones relat- ing to Eighth Street between Locust. and Iowa Streets; Ordinance No. 11-00 Amending the Code of Ordinancesby modifying Subsection (b) of Section 32- 214 thereof providing for the addition of a stop sign • on Futuro Court at Chavenelle Road; Ordinance No. 12-00 Amending Section 32-262(d) of the Code of Ordinances to prohibit parking on designated streets or portions thereof adding Chavenelle Road; Ordinance No. 13-00 Amending the Code o Ordinances by revising Subsection (c) of Section 32- 231 providing for the estab- lishment of speed limits on Chavenelle Road; Ordinance No. 14-00 Amending the Code of Ordinances by modifying Subsection (b) of Section 32- 214 and Subsection (b) of Section 32-216 thereof provid- ing for the change from yield signs to stop signs on St. John Drive at Hillcrest Road; Ordinance No. 15-00 Amending Section 32-262 (d) of the Code of Ordinances prohibiting parking on desig- nated streets or portions thereof adding certain portions of Charter Street, presenter and read. Buol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspend- ed and further moved final consideration and passage of the Ordinances. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of additional local matching funds for the Ice Harbor Traffic Study, upon final motion resolved to approve the recommendation subject to the deletion of the #1 element "Study of the inter- section of Third & Main St. to determine the feasibility of an additional two-lane bridge par- allel to the existing two-lane 7, 2000, upon motion received and filed. Michalski moved adoption of Resolution No. 40- 00 Setting the date for Public Hearing on Fiscal Year 2001 Budget to be March 7, 2000 and Resolution No. 41-00 Setting the date for Public Hearing on Five Year Capital Improvement Program to be March 7, 2000. Seconded by Robbins. Motion carried 7-0. City Manager requesting public hearing be held on February 23, 2000 on the FY 2001 Annual Action Plan for use of Community Development Block Grant (CDBG) Funds for FY 2000- 2001, upon motion received_ and filed and approved setting public hearing for February 23, 2000. City Manager submitting doc- uments providing for construc- tion of Cox Street Storm Sewer, upon motion received and filed. Robbins moved adoption of: Resolution No. 42-00 Preliminary approval of_, plans and specs for project in estimated amount of $47,930.85; Resolution No. 43-00 Fixing Date of Hearing on plans and specs for March 6, 2000; and Resolution No. 44-00 Ordering Bids and directing Clerk to advertise. Seconded by Nicholson. Motion carried 7-0. City Manager submitting door" uments providing for Expansion of the Fifth Street Parking Ramp, upon motion received and filed. Markham moved adoption of: Resolution No. 45-00 . Preliminary approvalof plans and specs. for project in estimated amount of , $1,900,000.;-_ Resolution No. 46-00 Fixing Date of Hearing on plans and specs for March 6, 2000; and Resolution No. 47-00 Ordering Bids and directing Clerk to advertise. Seconded by Robbins: Motion carried 7-0. City Manager recommending that a public hearing be set for March 6, 2000, to consider a_ request from Medical Associates Realty, L.P., to arc nnrtlnns of Chavenelle Resolution No. 49-00 Approving plat of proposed" vacated Associates Drive. Seconded by Nicholson: Motion carried 7-0. Ordinance No. 16-00 Vacating the por- tions of Chavenelle Road and Associates Drive, presented and read, Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Buol moved adoption of Resolution No. 50-00 Advising of intent to dispose of City interest in Lot C of Medical Associates Subdivision and Lot C of Medical Associates Subdivision No. 2 and further set this matter for Public Hearing on 3-6-00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the. manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 8:15 P.M. upon motion it was resolved to go into Closed Session re: Pending Litigation (Iowa Code §21.5(1)(c) AND Purchase of Real Estate (Iowa Code §21.5(1)(j). . At 8:43 P.M. Council recon- vened Regular Session stating -- that staff had been given prop- er direction. • There being no further busi- ness, upon motion meeting adjourned at 8:44 P.M. /s/Jeanne.F. Schneider City Clerk 1t 2/16