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Proof of Publication 2/21/00 STATE OF IOWA DUBUQUE COUNTY {SS: CERl1FICATION OF PUBLICATION I, Katby Hefel,ihìillf~l~r Woodward Communications, Inc., an Iowa corporation, pnblisher of the Telegraph Herald, a newspaper of general circu- lation published in the City of Dubuqne, County of Dubuque and State oflowa; hereby certify that the attached notice was published in said newspaper on the following dates M(). yt' .k \ .. ,;'100(1 ,and for which the charge is $. 1~'3 01 ~~¡;~, ¡f (Jr;¿I?:U ffÆ / Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this~dayof /'?7AA.-..A'./ .~. r::7~\ '! '> ,e.. .,.,,~TÚ'\'~ 1.,..,<" .....,.,.....".CX.~'RE"I L:..-,~.L~~-__~~::'2 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 claim of LuAnn Cox; and per- sonal injury claim of Nora Gierens, upon motion received and .filed. Corporation Counsel recom- mending denial of property damage claim of Craig and Sheri Kruser. Upon motion received and filed and approved recommendation. Corporation Counsel recom- mending that the property damage claim of Banner Investments be forwarded to Portzen Construction, upon motion received and filed. Communication from Karl Stieglitz, Agri Grain Marketing, regarding barge fleeting, upon motion received and filed. Dubuque Metropolitan Are. Solid Waste Agency submit- ting their Fiscal Year 2001 budget and landfill fees, upon motion received and filed. Communication of the Dubuque County Zoning Commission regarding a pub- lic hearing to hear a rezoning request of Randy and Melanie Root, upon motion receive. and filed. Communication of the Historic Preservation Commission regarding an upcoming seminar to be held On February 29, 2000, upon motion received and filed. City Manager recommending approval of an agreement between the City of Dubuqu- and the Amalgamated Transit Union, upon motion received and filed. Robbins moved adoption of Resolution No. 52- 00 Approving the agreement between the City of Dubuque, Iowa and the Amalgamated Transit Union, Local #329, and authorizing the Mayor to sign the agreement. Seconded b Robbins. Motion carried 7-0. City Manager recommending approval of an Administrative Services Agreement between the City of Dubuque and Health Choices, Inc., for administration of the City's medical, disability and cafete- ria plans, upon motion received and filed an. approved recommendation. City Manager recommending acceptance of the Curb Modification Project at 21 st and Central Avenue, upon motion received and filed. Buol moved adoption of: Resolution No. 53-00 Accepting Improvement for project and Resolution No. 54-0Q Approving final estimate in amount of $20,001. Seconded by Robbins. Motion carried 7- 0. Acceptance of warranty deed to the former Army Surplus Store from Dubuque Initiatives, upon motion three year term which will expire 6-30-01. TV CABLE COMMUNITY TELEPROGRAMMING • COM- MISSION: Applicant - Paul R. Kohl. Upon motion Paul R. Kohl appointed to the unex- pired three year terms which will expire 6-30-01. Discussion of possible appointments to the Airport Commission. Upon consen- sus it was decided that Council Member Markham be appointed to the Airport Commission to serve a one year term and that the Corporation Counsel prepare an Ordinance authorizing this. Hearing on assessing civil penalty of $300 against tobac- co permit holders for violations — AMOCO Food Shop at 1701 JFK Road, IOCO Speede Shoppe at 3250 Dodge, and Tri-State Golf Center at 1095 Cedar Cross Road, and a Thirty day suspension for sec- ond violation — IOCO Speede_. Shoppe at 2335 University, upon motion approved assessments and civil penal- ties. Louann Ward and Heidi Jones spoke for Tri-State Golf stating that the fine is unfair for a first time offense and feel it was a sting operation. Dory Irwin of Iowa Oil Co. spoke stating they are trying very hard to educate their sales people and objected to their businesses being punished to this great extent. City Manager recommending a revision to Zoning Ordinance related to the public hearing process, upon motion received and filed. An Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by amending Section 6-1.4 Commission Action and Section 6-1.5 Council Action, pertaining to zoning reclassifi- cations and text amendments, presented and read. Buol moved that this be received,. and filed and referred to the Zoning Commission. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of a revised format for the residential section of the Zoning Ordinance, upon motion received and filed and approved recommendation. City Manager recommendin approval of an ordinance plac- ing load limits on the Fengler Street Bridge and the Manson Road Bridge, upon motion received and filed. Ordinance No. 16-00 Amending Section 32-185(a) of the Code of Ordinances prohibiting heavy vehicles on certain bridges b removing Peru Road Bridge and adding Fengler Street Bridge and Manson Road Bridge, presented and read. Buol moved that the require- ment that a proposed Litigation (lowa Code §21.5(1)(c). At 7:58 P.M. Council recon- vened Regular Session stating Staff had been given proper direction. There being no further busi- ness, upon motion meeting adjourned at 7:59 P.M. /s/Jeanne F. Schneider City Clerk 'It 3/1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefel, ill ng`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 _AArk r( , .II a00c1 , and for which the charge is $ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this , day of * ,-)2oeo. Notary P 1ic in and for Dubuque Coy, Iowa WESsERMEi`ERI MY COMMISSION EXPIRES FEBRUARY 1, 2002 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, February 21, 2000 Council Met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski., Nicholson, Robbins, City Manager Michael Van Miiligen, 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. The invocation was given by Sr. Jeanette McCarthy, Director of the Hispanic Ministry at St. Patrick's Catholic Church. MINUTES SUBMITTED: Civil Service Commission of 1/20; Community Development Advisory Commission of 1/18;r Electrical Code Board of 2/7; Park and Recreation Commission of 2/8; Transit Trustee Board of 1/13, upon motion received and filed. Investment Oversight Commission submitting their 27th nnnrieri., .,....... Union, upon motion received and tiled. Robbins moved adoption of Resolution No. 52- 00 Approving the agreement between the City of Dubuque, Iowa and the Amalgamated Transit Union, Local #329, and authorizing the Mayor to sign the agreement. Seconded b _ Robbins. Motion carried 7-0. City Manager recommending approval of an Administrative Services Agreement between the City of Dubuque and Health Choices, Inc., for administration of the City's medical, disability and cafete- ria plans, upon motion received and filed an. approved recommendation. City Manager recommending acceptance of the Curb Modification Project at 21st and Central Avenue, upon motion received and filed. Buol moved adoption of: Resolution No. 53-00 Accepting Improvement for project and Resolution No. 54-0. Approving final estimate in amount of $20,001. Seconded by Robbins. Motion carried 7- 0. Acceptance of warranty deed to the former Army Surplus Store from Dubuque Initiatives, upon motion received and filed. Buol moved adoption of: Resolution No 55-00 Accepting the deed to certain real estate in Dubuque County, Iowa from Dubuque Initiatives. Seconded by Robbins. Motion carried 7-0. Letter from the National League of Cities advising that Council Member Dan Nicholson has been selected to serve on the 2001 Information Technology and Communications Steering Committee, upon motion received and filed. Zoning Advisory Commission approving the Plat of Survey of Lot 1 of 6, Lot 2 of 6, Lot 3 of 6, Block 10 of Sunny Slope Estate, upon motion received and filed. Buol moved adop,, tion of Resolution No. 56-00 Approving the Plat of Survey of Lot 1 of 6, Lot 2 of 6, and Lot. 3 of 6, Block 10 of Sunny Slope Estates in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0. Civil Service Commission certifying the second list of individuals who have success,. fully passed the Police Officer/Entry Level Exam, upon motion resolved to make them a matter of record. City Manager recommending approval of the eligible Calendar Year Urban Revitalization Applications, upon motion received and filed. Buol moved adoption of. Resolution No. 57-00 Approving Residential Property Tax Exemption Applications submitted by property owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to I the City Assessor and ' Resolution No. 58-00 Approving Residential Property Tax Exemption Late Filed Applications submitted by property owners in recog- nized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Assessor. Seconded by Robbins. Motion carried 7-0. City Manager submitting let- ters to Congressmen Grassley and Harkin, and Representative Nussle regard- ing "The State. and Local Government Economic Empowerment Act," upon motion received and filed. City Manager recommending approval of submission of a_ letter of intent to the U. S. Department of Housing and Urban Development (HUD) signifying the City's intent to form a consortium with Dubuque and Jackson Counties for the HOME Investment Partnership Program, upon motion received and filed and approved recommendation. Communication of Roger Maiers regarding the reap- pointment of Judy Giesen to the Dubuque Human Rights Commission, upon motion received and filed. Buol moved adoption of: Resolution No. 59-00 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Dubuque • Discount Gas, Inc.; Resolution No. 60- 00 Granting issuance of Class "B" Beer Permit to Dubuque Discount Gas, Inc.; and Lee's 76 West Locust Mart; and Resolution No. 61-00 Granting issuance of Class "C" Beer/ Liquor License to Dubuque Mining. Company; Hammerheads . Bar and Billiards; Cue Master Limited; Galaxies, Inc.; and TC's Copper Kettle; and Class "B" upv, I'ULPOn received and filed. An_. Ordinance Amending Appendix A of the City of Dubuque Code of Ordinances by amending Section 6-1.4 Commission Action and Section 6-1.5 Council Action, pertaining to zoning reclassifi- cations and text amendments, presented and read. Buol moved that this be receive• and filed and referred to the Zoning Commission. Seconded by Markham. Motion carried 7-0. City Manager recommending approval of a revised format for the residential section of the Zoning Ordinance, upon motion received and filed and approved recommendation. City Manager recommendin. approval of an ordinance plac- ing load limits on the Fengler Street Bridge and the Manson Road Bridge, upon motion received and filed. Ordinance No. 16-00 Amending Section 32-185(a) of the Code of Ordinances prohibiting heavy vehicles on certain bridges b removing Peru Road. Bridge and adding Fengler Street Bridge and Manson Road Bridge, presented and read. Buol moved that the require- ment 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 suspende. and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission requesting a meeting with City Council for review and update of the Historic Preservation Ordinance, upon motion it was resolved that a Work Session be scheduled before the 4-17- 00 Council Meeting. Ken Kringle; Chair of HPC, spoke requesting discussion of the proposed Ordinance. City Manager recommending approval of an assistance pro- gram for payment of sewer, assessments, upon motion received ' and filed ' and approved recommendation. City Manager recommending modification to the City's Community Partnership Program (CP2) • Guidelines, upon motion received and filed. Buol moved adoption of Resolution No. 62-0Q-1 Approving revised Community Partnership Program (CP2) guidelines / instructions for competitive applications. Seconded by Nicholson. Motion carried 7-0. Zoning Advisory Commission advising of their approval of an amendment to the Loras College ID Institutional District: and requesting that a public hearing be set for March 6, 2000, upon motion received and filed. An Ordinance Amending the Zoning Ordinance by providing for the amendment of Ordinance 2-90 and approving an amended campus development plan for the Loras College • ID , Institutional District, presented - and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and moved that a Public Hearing be held on the pro- posed Ordinance on the 6tr day of March, 2000 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: City Manager recommending that a public hearing be set for March 6, 2000 to consider two agreements to enable sharing of City -owned communication conduit, upon motion received and filed and approved recom- mendation and set Public Hearing for 3-6-2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. City Manager recommending rescinding Resolution #675-99 and submitting documents providing for initiation of the Highway 20 Landscape Design Bid Package #1, pre- sented and read. Buol moved adoption of: Resolution No. 63-00 Rescinding Resolutiory #675-99 Preliminary Approval of Plans and Specifications for Highway 20 Landscape Design Bid Package #1; Resolution No. 64-00 Preliminary approval of plans and specs for project in esti- mated amount of $515,000.00; Resolution No. 65-00 Fixing Date of Hearing on plans and..4 specs for March 20, 2000; Resolution No. 66-00 Ordering Bids and directinn niprk t, Subscribed to befo this day o