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2001 February Council Proceedings Regular Session, February 5, 2001 19 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, February 5, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, 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 of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Anthony Noel, Pastor of Abundant Harvest Church of God. Ralph Vedder of Divine Word Seminary in Epworth introduced two students with a group of students from France who addressed the Council expressing appreciation for this introduction to our city government. . CONSENT ITEMS Minutes Submitted: Airport Commission of 12/28/01, 1/03, and 1/08; Cable Community Teleprogramming Commission of 1/9; City Council of 1/11 and 1/15; Civil Service Commission of 12/27/00; Environmental Stewardship Advisory Commission of 1/9; Five Flags Commission of 12/18/00 and 1/15/01; Housing Commission Trust Fund of 1/18; Human Rights Commission of 11/13/00; Investment Oversight Commission of 1/18; Long Range Planning Advisory Commission Downtown Planning Committee of 1/8; Park and Recreation Commission of 1/9; Transit Board of 1/17, presented and read. Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7.0. Proof of Publication for Councii Proceedings of 1/2/00,1/11, and 1/15; presented and read. Buol moved that the proofs be received and filed. Seconded by Robbins. Motion carried 7-0. Printed Council Proceedings for December 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried 7-0. . Finance Director submitting the Financial Reports for the month ending December 31, 2000; Quarterly Report of the Investment Oversight Advisory Commission, presented and read. Buo! moved that the reports be received and filed. Seconded by Robbins. Motion carried 7-0. Substance Abuse Services Center Second Quarter Report, presented and read. Buol moved that the report be received and filed. Seconded by Robbins. Motion carried 7-0. Notice of Claims/Suits: Ross Ball in estimated amount of $270 for property damage; Thomas J. and Michelle M. Frick in undetermined amount for vehicle damage and personal injuries; Grove Tool, Inc. in estimated amount of $209 for vehicle damage; Kathleen M_ Kane in estimated amount of $48.74 for vehicle damage; Mackenzie Kylmanen for personal injuries; Kelly Larson in undetermined amount for vehicle damage; Lois Link fn undetermined amount for personal injuries; Mercy Health Center in estimated amount of $191.20 for property damage; Kim Mesch in estimated amount of 5367.41 for property damage; Monte Carlo Restaurant in undetermined amount for loss of business; Brian C. Noel in undetermined amount for vehicle damage; Mary C. Oglesby in undetermined amount for personal injuries; Susan A. Walgamuth in undetermined amount for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Vicki Bechen for property damage; Ronnie Hess for vehicle damage; Thomas and Michelle Frick for vehicle damage; State Farm Insurance for property damage; The Shot Tower Inn for loss of business; and John Vollenweider for vehicle damage, presented and read. Buol moved that the communications be received and filed and concurred with the recommendations. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of the claims of David and Monica Ackley in the amount 5275.53 for vehicle damage; Grove Tool, Inc. in the amount of 5209 for vehicie damage; Kelly LeFevour in the amount of $114.18 for tire damage; and Mercy Medical Center in the amount of $191.20 for property damage, presented and read. Buol moved that the communications be received and filed and approved settlement and Finance Director be directed to issue the appropriate checks. Seconded by Robbins. Motion carried 7- O. 20 Regular Session, February 5, 2001 Corporation Counsel recommending denial of the property damage claim at Ross Ball; the property damage claim of Don Ernzen; and the vehicle damage claim of Rhonda Gotto; Corporation Counsel recommending that the sewer backup claim of Dolores M. Katz be referred to Tschiggfrie Excavating Company, presented and read. Buol moved that the communications be received and filed and concurred with the dispositions. Seconded by Robbins. Motion carried 7-0. Corporation Counsel advising that the property damage claim of Phil Meyer has been forwarded to County Attorney Fred McCaw for payment, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Citizen Communications: Communication of Peter Seitz regarding radon levels within the City; Communications of Dick Wertzberger and Walter Pregler regarding the Town Clock Plaza issue, presented and read. Buol moved that the communications be received and filed. Seconded by Robbins. Motion carried 7-0. Plastic Center, Inc.lUnited Rental Property: City Manager recommending approval of a Purchase Agreement with Plastic Center, Inc. for purchase of the United Rental Property, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. Dubuque Metropolitan Area Solid Waste Agency: Communication from Jan Hess, Agency Secretary, submitting the tipping fees and budget for the Dubuque Metropolitan Area Solid Waste Agency Landfill for Fiscal Year 2002, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. December 27, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 at the 1999 Code of Iowa, an examination for the position of Truck Driver was given on December 14, 2000. We hereby certify that the Individuals listed on the attached sheet have passed this written examination and the vacancy iar this position should be made from this list and that this list is good for two (2) years from above date. TRUCK DRIVER CERTIFiED LIST Garry Clauer Richard Heston Steve Siefker Thomas Berger Tim Leibold Herb Deutmeyer Robert Wissing Torn Kuehn Clint Sharkey Raymond Stuart Robert Barry Pat De Heck Jeffrey Simons Steven Clewell Kevin Hammond Steven Meyers Owen Rohr Alan Meier Randy Vaske Patrick Klein Duane Schreiber Steven Vandal Brian Odefey Kenneth Deckert Martin Deckert Tom Paar John Link Kevin Merkes Mark Hanson Ronnie Jaacks Richard Meyer Shawn Roth Respectfully submitted, Isl Loras J. Kluesner, Chairperson Is! Merle Duehr Civil Service Commission January 18, 2001 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Information Technology Specialist was conducted. We hereby certify that the individuals . have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. INFORMATION TECHNOLOGY SPECIALIST Christine Olsowka Brian Ricke Barb Goebel Richard Grace Joseph Pregler Michael Latimer Kim Wertzer Leonard Stroschein Respectfully submitted, Isl Loras J. Kluesner, Chairperson Isl Merle Duehr Civil Service Commission Buol moved that the above Civil Service certifications for Truck Driver and Information Technology Specialist be made a matter of record. Seconded by Robbins. Motion carried 7- O. City Manager submitting the fifth edition of the annual "River Town Rents" survey from the Housing Trust Fund Committee, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7.0. Eighth Street . Acceptance: City Manager recommending acceptance of the Eighth Street Reconstruction Project in the final contract amount of $1,169,718.88, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 21-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Eighth Street Reconstruction Project (Locust Street to Iowa Regular Session, February 5, 2001 21 . Street) has been completed and the City Manager has examined the work and flied his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he Is hereby directed to pay to the contractor from the General Fund In amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. . RESOLUTION NO. 22-01 FINAL ESTIMATE Whereas, the contract for the Eighth Street Reconstruction Project (Locust Street to Iowa Street) has been completed and the City Engineer has submitted his final estimate showing the cost thereof Including the cost of estimates, notices and inspection and all miscellaneous costs: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $1,169,718.88. Section 2. That $248,652.26 of the cost thereof shall be assessable upon private property and $921,066.62 shall be paid from the Generai Fund. Passed, approved and adopted this 5" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 23-01 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE EIGHTH STREET RECONSTRUCTION PROJECT (LOCUST STREET TO IOWA STREET) iNCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS 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 the assessments proposed to be made for the Eighth Street Reconstruction Project (Locust Street to iowa Street) under contract with Portzen Construction Co., of Dubuque, Iowa, which final plat and schedule were filed In the office of the City Clerk on the 31 st day of January, 2001, 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 conditionally against the respective properties benefited by the improvements 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 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 certify said schedule to the County Treasurer 01 Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided 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 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, 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 at nine percent (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 elect to pay any annual installments semiannually in advance. 22 Regular Session, February 5, 2001 Passed, approved and adopted this 5" day 01 February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA EIGHTH STREET (LOCUST STREET TO STREET) SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS OWNER LEGAL DESCRIPTION DEFICIENCY TOTAL NET ASSESS. DUBUQUE ORIGINAL TOWN Dubuque Savings and Loan Assoc. S62' of E43' of City Lot 172 $10,019.73 $14,823.24 Barn Community Theatre - Grand Opera House W70' Of City Lots 171 & 172 $24,842.97 Security Partners, LP City Lots 29,30 & 31 $24,625.05 Security Partners, LP City Lot 55 $15,254.46 Plastic Center Inc. City Lots 146& 147 S 9,270.59 Cycare Systems Inc. N/K/A HBO & Co. City Lots 145,144,143,142 & 141 $24,842.97 Banner Investments City Lots 56 & 57 & N. 23' of City Lot 58 $24,842.97 Steele, Michael D. City Lot 28 $24,625.05 DUBUQUE DOWNTOWN PLAZA City of Dubuque Lot 9 $31,380.60 City of Dubuque City Right of Ways $54,044.36 TOTAL $248,652.26 Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RISE Application - Chavenelle Road Extension West from Seippei Road: City Manager recommending approval of a RISE Grant application for a new Chavenelle Road extension west from Seippel Road into the westeriy 40 acres of the Dubuque Industrial Center West, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 24-01 A RESOLUTION ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE EXTENSION OF CHAVENELLE ROAD WEST FROM SEIPPEL ROAD. Whereas, the City of Dubuque believes that economic development opportunities require developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and Whereas, the City of Dubuque is subdividing approximately 40 acres of industriat development land located in the Dubuque Industrial Center West; and Whereas, the improvement of this property requires new primary access into the site from Seippel Road which then provides direct access to U. S. Highway 20; and Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RiSE) program's Competitive Rating Funding, has monies available for the development of public roadways to support future economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of DUbuque hereby endorses the application to the Iowa Department of Transportation for RISE funding to provide access into this industria! area via an extension of Chavenelle Road west from Seippel Road. Section 2. That the City of DUbuque hereby certifies that the roadway improvements wili be dedicated to public use and will remain so dedicated to public use. Section 3. That the City of Dubuque hereby assumes responsibility for and ongoing maintenance of these improvements and ensures that they wili be adequately maintained in the future. Section 4. That the City Manager is authorized to sign, on behalf of the City Council, the application for RISE funding. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 8uol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. Excess Risk Insurance Policy: City Manager recommending approval of the Excess Risk Insurance Policy with Allianz for the City's health, prescription drug and dental insurance plans, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7.0. Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease agreement with the Tri-State Modelers for a section of the former Roosevelt Park, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. Five Flags Theater Rest Room Renovation Project Acceptance: City Manager recommending acceptance of the Five Flags Theater Rest Room Renovation Project in the final contract amount 01 $142,968.10, presented Regular Session, February 5, 2001 23 . and read. Buol moved that the communication be received and flied. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 25-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Five Flags Theater Rest Room Renovation Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2000 appropriations in the amount of $142,968.10 in General Funds, in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 26-01 FINAL ESTIMATE Whereas, the contract for the Five Flags Center Theater Rest Room Renovation Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection -and all miscellaneous costs. NOW, THEREFORE, BE IT RESOLVED, BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $142,968.10 and the said amount shall be paid from the Fiscal Year 2000 General Fund appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schnaider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Malian carried 7-0. . Five Flags Center Lavatory Stations Replacement Project: City Manager recommending acceptance of the Five Flags Cenler Lavatory Stations Replacement Project in the final contract amount of $38,959, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 27-01 ACCEPTING IMPROVEMENT Whereas, the contract for the FIVE FLAGS LAVATORY STATION REPLACEMENT PROJECT has been completed and the City Manager has examined the work and filed his. certificate stating that the same has been completed according to tha terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Fiscal Year 2001 appropriations in the amount of $38,959 in General Funds, in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 28-01 FINAL ESTIMATE Whereas, the contract for the Five Flags Lavatory Station Replacement Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be 538,959 and the said amount shall be paid from the Fiscal Year 2001 General Fund appropriations of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development (HUD) advising of the City's revised allocations 24 Regular Session, February 5, 2001 for various HUD programs, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion .:arried 7.0. Expansion of the Bottle Sill: Communication from the Environmental Stewardship Advisory Commission supporting the continuation and expansion of the Iowa Beverage Container Deposit Law, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion earned 7-0. RESOLUTION NO. 29--01 A RESOLUTION SUPPORTING THE EXPANSION OF THE IOWA BEVERAGE CONTAINER DEPOSIT LAW. Whereas, the Beverage Container Deposit Law provides in a financial incentive through the refundable deposit that has all but eliminated can and bottle litter Iowa; and Whereas, the Beverage Container Deposit Law funds itself through the nickel deposit and refund, and relies on no taxes or unfunded mandates to local governments; and Whereas, through the Beverage Container Deposit Law, Iowans recycle more than 90% of containers compared to only 30% in states without such laws; and Whereas, 55% of all beer and soda containers recovered in the United States are from the ten deposit states. while the remaining 45% come from the fonly non-deposit states; and Whereas, states with deposit laws also have a higher participalion rate in residential recycling than do non-deposit states; and Whereas. an independent survey by Ihe University of Northern Iowa shows that 85% of Iowans support the deposit law, and 73% support expanding that law; and Whereas the Beverage Container Deposit Law has resulted in more than one hundred and fonly redemption cenlers in Iowa, providing jobs and wages In the pnvate sector, and has created jobS and supported employment for businesses thnt employ persons with disabilities. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA SUPPORTS THE BEVERAGE CONTAINER DEPOSIT LAW AND ENCOURAGES ITS EXPANSION TO INCLUDE: Soction 1. Crontion of Ihe Robert D. Ray BOfl\ltltul Land Flmd to support local and slate Iittt,)f nnd ft1cycHng initialivEJs. Section 2. The nddition of deposits on conlnil\ors of tt>[\. water, frLJit And vegetable drinks, sports drinks, flnd other non-caroonnted bUl/omg()$, Oxclllding milk. Soction 3. Incrousing tho hnndling tee per CQrltnlflt.Jf from ono conI Ie two conts. Section 4. Requiring all beverage containers sold in Iowa to have a minimum post.consumer recycled content of 25% by weight. Section 5. Be it further resolved that the City Council encourages a\l residents to return or recycle all beverage containers and other recyclable materials and to fully utilize the City's curbside recycling program. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buoi moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that they have received the City's letter regarding hospital signing on U.S. 20 in Dubuque and offering to meet with Mayor Terry Duggan, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Cable Television Franchises: Communication of City Manager to Senator Thomas Flynn urging active opposition to Senate File 47 which discourages the granting of additional cable television franchises in Iowa communities, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Robbins. Motion carried 7-0. Harbor Community Investment: City Manager recommending acceptance of the warranty deed from Harbor Community Investment, LLC, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 30-01 ACCEPTING WARRANTY DEED FOR REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM HARBOR COMMUNITY INVESTMENT, L.C, WHEREAS, Harbor Community Investment, L.C. (HCI), owns the following described real property in Dubuque County, Iowa (the Property): Lot 2 in ADAMS COMPANY'S 2ND ADDITION in the City of Dubuque, Iowa, according to the recorded Plat thereof; And Lots 1,2,37 and 38, in Block 21; and Lois 27, 28. 29, 30, 31, 32, 33, 34, 35, 36, 37 and 38, in Block 26; in Dubuque Harbor Improvement Company's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof. WHEREAS, HCI has delivered a Warranty Deed 10 the Property to Ihe City or Dubuque. Regular Session, February 5, 2001 25 . WHEREAS, the City Council of the City of Dubuque desires to accept the Property on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Council of the City of Dubuque hereby accepts the Warranty Deed to the Property from HCI. Passed, approved and adopted this 5'" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Quarterly Investment Report: City Manager submitting Ihe Quarterly Investment Report, presented and read. Buol moved that the report be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 32-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 Town Clock Inn Inc Town Clock Inn Chi Chi's Inc (Sunday Sale) Hammerheads, !nc Bar/Billiards+(Sunday Sale) James W. Goetzinger (Sunday Sale) Dubuque Inn Corp. Inn + (Sunday Sale) Pusateris Enterprise (Sunday Sale) Davey Robertson Public Bar (1 Day Outdoor Service) CLASS "B" WINE Nash Finch Company EconoFoods #471 3355 JFK Rd. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Chi-Chi's 799 Main St Mexican Restr+ 800 Wacker Dr Hammerheads 2095 Kerper Goetz's + 2778 Jackson Western Dubuque 3434 Dodge St Pusateris + 2400 Central Busted Lift 180 Main St Best Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7.0. RESOLUTION NO. 31.01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Dubuque Discount Gas Inc. Dubuque Discount Gas+(Sunday Sale) 2175 Central Dubuque Discount Gas Inc. Dubuque Discount Gas+(Sunday Sale) 4110 Dodge Hill Slreet Plaza Oky Doky # 8 +(Sunday Sale) 535 Hill St Nash Finch Company EconoFoods #471+(Sunday Sale) 3355 JFK Rd Passed, approved and adopted this 5th day February, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS INTERVIEWS for the following Boards/Commissions: BUILDING CODE BOARD OF APPEALS (2 Vacancies): Chuck Carr (General Contractor): Richard Luchsinger (At-Large). Mr. Luchsinger spoke. COMMUNITY DEVELOPMENT ADVISORY COMMISSION (4 Vacancies): James Giesen (At-Large); Charles Isenhart (Census Tract #1). ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Art Sunleaf. Mr. Sun leaf spoke. APPOINTMENTS to the following Boards/Commissions: ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION (2 Vacancies): Leslee Spraggins. Michalski moved that Leslee Spraggins be appointed to the unexpired three year term which will expire 10.1-03. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Dubuque Golf and Country Club - Stop Sign Change Request: City Manager recommending approval of a request from the Dubuque Golf 26 Regular Session, February 5, 2001 and Country Club to reassign the right-of-way to Bradley Street at Rider, and to piace an additional stop sign for northbound vehicles on Perry at Rider, presented and read. Markham moved that the communication be received and filed, Seconded by Nicholson. Motion carried 7. O. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32-214 thereof providing for the addition of a stop sign on Perry Street at Rider Street and a change of designation at Rider Street and Bradley Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 5-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (b) OF SECTION 32.214 THEREOF PROVIDING FOR THE ADDITION OF A STOP SIGN ON PERRY STREET AT RIDER STREET AND A CHANGE IN DESIGNATIONS AT RIDER STREET AND BRADLEY STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting Rider Street and Bradley Street from Subsection (b) of Section 32.214 thereof as follows: "Sec. 32-214. Stop Intersections. (b) Eastbound and Westbound Rider Street and Bradley Street . . Section 2. That the Code of Ordinances of the City of Dubuque, Iowa be amended by adding Rider Street and Perry Street to Subsection (b) of Section 32.214 thereof as follows: Northbound and Southbound Bradley Street and Rider Street Eastbound and Westbound Perry Street and Rider Street . . . Passed, approved and adopted this 5'h day of February. 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially In the Telegraph Herald newspaper this 12'h day of February, 2001. Jeanne F. Schneider, City Clerk 11 2/12 Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. Design Review Process. Town Clock Plaza: Communication from the Historic Preservation Commission requesting that they be permitted to participate In the future design review process for improvements to the Town Clock Plaza area, presented and read. Michalski moved that the communication be received and filed and approved request to participate. Seconded by Markham. Motion carried 7-0. Amendment to Building Code Demolition Districts: City Manager recommending an amendment to the Code of Ordinances pertaining to demolition permits, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7.0. An Ordinance Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending . Section 11-4 pertaining to waiting period for demolition permits, presented and read. OFFICIAL PUBLICATION ORDINANCE NO, 6-01 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 11-4 PERTAINING TO WAITING PERIOD FOR DEMOLITION PERMITS. Whereas, Section 11-4 of the City Code pertains to a discretionary waiting period for demolition permits in seven demolition districts; and Whereas, portions of these demolition districts include buildings that are within historic districts that are reguiated by Chapter 25, Historic Preservation, of the City Code; and Whereas, the exemption of buildings that are regulated by Chapter 25 from the requirements of Section 11-4 eliminates an overlap in regulations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-4 (a) Is hereby amended as follows: (a) Application of Section: The provisions of this Section shall apply to all buildings located in whole or In part within the following described neighborhood areas, except where the buildlng(s) are part of a historic district or landmark site regulated by Chapter 25, Historic Preservation, of the City Code: Section 2. That this amendment shall take effect upon publication as required by law. Regular Session, February 5, 2001 27 . Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published oHicially in the Telegraph Herald newspaper this 9'h day of February, 2001. Jeanne F. Schneider, City Clerk 11 2/9 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Councii Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Loras College - Right-of-Way Construction Ordinance: City Manager recommending approval of a request from Laras College to utilize publiC right.of.way to install a water supply line for their geothermal system for the new Academjc Resource Center, presented and read. Suol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7.0. An Ordinance No. 7-01 Authorizing Loras College to construct a geothermal water service, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 7-01 AN ORDINANCE AUTHORIZING LORAS COLLEGE TO CONSTRUCT A GEOTHERMAL WATER SERVICE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Loras College as the owner of the premises known as Laras College, Dubuque, Iowa, and legally described as Loras College be and they are hereby granted the revocable permit and authority to construct and maintain a geothermal water service under the terms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement to: a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said geothermal water service: and . b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth In the attached Insurance Schedule; and c. Pay on behaif of the City of Dubuque, all sums which the City of DUbuque shall become obligated 10 pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said geothermal water service sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of the geothermal water service and to pay reasonable attorney fees therefore; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, ioss; liability and expense for death andlor injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said geothermal water service and in the event of their faiiure to do so, the City of Dubuque shall be authorized to remove said geothermal water service at permittees' expense and dispose of the same, and the permittee shail have no claim against the City or its agents for damages resulting from the removal of said geothermal water service. Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to the geothermal water service when this Ordinance has been adopted by the City Council and the 28 Regular Session, February 5, 2001 terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder In and for Dubuque County, Iowa. Section 8. Iowa One-Call registration is required by State Law and can be accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit documentation to the City Engineering Division of One-Call membership when received. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO..7-01 The undersigned having read and being familiar with the terms and conditions of Ordinance No.7-01, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: Isl John McDermott Titie: Physical Plant Director Dated 01131/01 Published officially in the Telegraph Herald newspaper this 9th day of February, 2001. Jeanne F. Schneider, City Clerk 11 2/9 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 finaliy passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Hazard Mitigation Plan: City Manager recommending appointments to the Hazard Mitigation Plan Task Force Committee, presented and read. Markham moved that the communication be received and filed and chose to appoint Terry Duggan and Dan Nicholson. Seconded by Suo!. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Oak Street Sanitary Sewer: City Manager submitting documents providing far construction of the Oak Street Sanitary Sewer Extension Project, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 33-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thai the proposed plans, specifications, form of contract and estimated cost for the Oak Street Sanitary Sewer Extension Project, in the estimated amount of $112,344.65, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this S'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 34-01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed pians, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, . for the Oak Street Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 5th day of March, 2001, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shali be not less than ten days prior to the day fixed for its consideration. Uniess' property owners at the time of the final consideration of this proposed resolution have on file with the City Cierk objections to the Resolution of Necessity they shall be deemed to have waived ali objections thereto. Passed, adopted and approved this 5'" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Regular Session, February 5, 2001 29 . Suol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 35-01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council 01 the City of Dubuque and are now on fiie in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and scheduie showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Oak Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, iOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on Ii Ie with the City Clerk objections to the resolution of necessity, they shail be deemed to have waived all objections pertaining to' the reguiarity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property iying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the capital improvement project for the City share of special assessments, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered pi aced on file with the City Clerk this 5th day of February, 2001. Approved and pi aced on file for final action. Terrance M. Duggan, Mayor Attest: Jaanne F. Schneider, City Clerk RESOLUTION NO. 35-01 RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted as proposed by the City Councii this 5'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 36-01 FiXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the Oak Street Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCiL OF THE CITY OF DUBUQUE, IOWA: That on the 5'h day of March, 2001, a public hearing wili be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the finai adoption of a resolution of necessity and the City Cierk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time or the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 37-01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Oak Street Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 5'h day of February, 2001. Terrance M. Duggan, Mayor 30 Regular Session, February 5, 2001 Attest: Jeanne F. Schneider, City Clerk Buol moved adoption 01 the Resolution. Seconded by Michalski. Motion carried 7 -0. RESOLUTION NO. 38-01 ORDERING BIOS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Oak Street Sanitary Sewer Extension Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount 01 the security 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 City Clerk Is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than lour days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on 22'" day of February, 2001. Bids shall be opened and read by the City Clerk at seid time and will be submitted to the Council for final action at 6:30 p.m. on the 5'h day of March, 2001. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 39-01 A RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO BE INITIATED TO ACQUIRE SANITARY SEWER EASEMENTS FOR CONSTRUCTION OF THE OAK STREET SANITARY SEWER Whereas, the City of Dubuque has been negotiating with the owners of record for right-of- way necessary for the construction of the Oak Street Sanitary Sewer Extension Project; and Whereas, the City of Dubuque finds and determines that eminent domain proceedings should be institu1ed to acquire the needed right- of-way if easements cannot be acquired through the negotiation process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY QF DUBUQUE, IOWA: Section 1. That eminent domain proceedings be instituted forthwith by the City of Dubuque, Iowa, for acquisition of the following lots or portions thereof if easements cannot be acquired through the negotiation process: 1. Lot 2 of 18 and Lot 19 of Union Addition 2. Lot 23 of Union Addition 3. Lot 25 of Union Addition 4. Lot 26 of Union Addition 5. N 60' of Lot 61 of Union Addition 6. Lot 2 of Lot 54 of Union Addition And that Conporation Counsel be directed to institute said eminent domain proceedings forthwith for and on behalf of the City of Dubuque, Iowa if negotiations fail. Section 2. That the Corporation Counsel be end is hereby directed and empowered to do any and all things necessary and incidental to said eminent domain proceedings if negotiations fail. Passed, approved and adopted this 5'h day of February, 2001. Terrence M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Allan J. Becker - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001 to consider a request from Allan J. Becker, representing Oarka Corp., .a1k1a Hawkeye Boat Sales & Service, Inc., to vacate a portion of Kenper Boulevard, presented and read. Buol moved that the communication be received end filed. Seconded by Michelski. Motion carried 7-0. RESOLUTION NO. 40-01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plet dated January 12, 2001, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. 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 January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said piat tor and on behaif of the City of Dubuque, Iowa. Section 2. That the City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing. repairing, owning. operating. and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. 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 Regular Session, February 5, 2001 31 . the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo! moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. An Ordinance Vacating a portion of Kerper Boulevard (lot 2A of Bradley Place), presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 8-01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Allen J. Becker representing Oarka, Corp aJkJa Hawkeye Boat Sales & Services, Inc. has requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as lot 2A of Bradley Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kerper Boulevard known as lot 2A of Bradley Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Bradley Place in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 5'" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9'" day of February, 2001. Jeanne F. Schneider, City Clerk It 2/9 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 . consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 41-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF BRADLEY PLACE, DUBUQUE, IOWA Whereas, Allen J. Becker representing Oarka, Corp., a/k1a Hawkeye Boat Sales & Service, Inc. has requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Bradley Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of said Lot 2A of Bradley Place in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A 01 Bradley Place in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Bradley Place in the City of Dubuque, Iowa to Oarka, Corp., a/k1a Hawkeye Boat Sales & Service, Inc. be contingent upon the payment of $5,300.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed bt law. Passed, approved and adopted this 5' day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further moved that this be set for public hearing On 2/19/01 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 Michalski. Motion carried 7.0. Area Residential Care, Inc. . Request to Vacate: City Manager recommending that a Regular Session, February 5,2001 33 . and vacating and sale of said portions of alleys and streets known as Lot 2A of Block 15 of River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Block 15 of River Front Subdivision NO.3 in the City of Dubuque, Iowa 10 Area Residential Care, Inc. be contingent upon the payment of 55,880.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, Lv. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by' law. Passed, approved and adopted this 5 h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further moved that this be set for public hearing on 2/19/01 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 Michalski. Motion carried 7~O. . Thomas Luksetich and Steve Smith - Request to Vacate: City Manager recommending that a public hearing be set for February 19, 2001, to consider a request from Thomas Luksetich and Steve Smith to vacate a portion of Kerper Boulevard, presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 44-01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a piat dated January 12, 2001 prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. 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 January 12, 2001, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City 01 Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3, That the City Clerk be and is hereby authorized and directed to tile said plat and certified copy of this resolution in the office of the Recorder, In and for Dubuque Coun:t' Iowa. Passed, approved and adopted this 5 h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. An Ordinance Vacating a portion of Kerper Boulevard (Lot 1 A, Block 13, River Front Subdivision No.3), presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 9-01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Thomas Luksetich and Steve Smith, representing Talass, L,L.C., have requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P .C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 A of Block 13 of River Front Subdivision No, 3, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City 01 Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portions of Kerper Boulevard known as Lot 1A of Block 13 of River Front Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the real estate described as Lot 1 A of Block 13 of River Front Subdivision NO.3 in the City of Dubuque, Iowa, be and the same is hereby vacated. 34 Regular Session, February 5, 2001 Section 2. The City of DUbuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning. operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 5" day of February,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 9" day of February, 2001. Jeanne F. Schneider, City Clerk 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 consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 45-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 1A OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO.3, DUBUQUE, IOWA Whereas, Thomas Luksetich and Steve Smith, representing Talass, L.l.C., have requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 A of Block 13 of River Front Subdivision No.3 in the City of Dubuque, iowa: and Whereas, the City Council of the City of Dubuque, iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utiiity easements as noted, and vacating and sale of Lot 1 A of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1 A of Block 13 of River Front Subdivision No. 3 in the City at Dubuque, Iowa. Section 2. That the conveyance of Lot 1 A of Block 13 of River Front Subdivision No.3 in the City of Dubuque, Iowa to Talass, L.L.C., be contingent upon the payment of $12,750.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed b~ law. Passed, approved and adopted this 5' day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for public hearing on 2/19/01 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 Michalski. Motion carried 7-0. Fiscal Year 2002 Annual Action Plan: City Manager recommending that a public hearing be set for February 26, 2001 to consider the Fiscal Year 2002 Community Development Block Grant Annual Action Plan, presented and read. . Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 46-01 A RESOLUTION SETTING A PUBLIC HEARING ON THE PROGRAM YEAR 2001 (FISCAL YEAR 2002) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Program Year 2001 (Fiscal Year 2002) Community Development Block Grant budget addressing both housing and non-housing needs in the community; and Whereas, caples of the draft Program Year 2001 CDBG budget have been available for public comment 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has recommended the adoption of this budget. NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That a public hearing shall be set to review the Program Year 2001 (FY 2002) Community Development Block Grant budget on February 26, 2001. Passed, approved and adopted this 5" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and set this public hearing for 2/26/01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice Regular Session, February 5, 2001 35 . in the manner prescrIbed by law. Seconded by Michalski. Motion carried 7-0. United Rental Property / City of Dubuque - Proposed Lease: City Manager recommending that a public hearing be set for February 19, 2001, to consider a proposed lease agreement between the City and United Rentals, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 47-01 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE WITH UNITED RENTALS, INC. Whereas, the City of Dubuque, Iowa (City) intends to purchase the following real property (the Property) from Plastic Center, Inc.; The West 68 feet 3 inches - North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa. And Whereas, United Rentals, Inc. (United) desires to lease the Property for the operation of an equipment rental business upon the terms set forth in the Lease attached hereto as Exhibit A; And Whereas, the City Council has tentatively determined that it would be in the best interest of the City to enter into the Lease with United. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of DUbuque intends to dispose of its interest in the foregoing-described real property by Lease between City and United. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described real property, to be held on the 19th day of February, 2001, at 6:30 o'clock p.m. at the public library auditorium, 11 th and Locust, Dubuque, Iowa. Passed, approved and adopted this 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further set this for public hearing on 2/19/01 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 Michalski. Motion carried 7-0. . Amendment to Stout Place Urban Revitalization District (Iowa Inn Project): City Manager recommending that a public hearing be set for Monday, March 5. 2001 to consider amending the Stout Place Urban Revitalization Plan (Iowa Inn Project), presented and read. Buol moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 48-01 A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO AMEND CITY OF DUBUQUE ORDINANCE NO. 12-98 ESTABLISHING THE STOUT PLACE URBAN REVITALIZATION AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. Whereas, the City of Dubuque Ordinance NO.12-98 established the Stout Place Urban Revitalization Area; and Whereas, the Stout Place Urban Revitalization Area Plan's duration will expire on March 16, 2001; and Whereas, due to a change in property ownership and resultant delay in rehabilitation of the Stout Place (Iowa Inn) development, an amendment to the Stout Place Urban Revitalization Plan is necessary to extend the duration of the plan; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed amendment of an Urban Revitalization Area Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That a public hearing shall be set to review the FY 2002 Annual Action Plan on March 5, 2001. Section 2. That the notice of public hearing shall be given according to the requirement of Chapter 404 of the Code of Iowa. Passed, approved and adopted this 5'" day of February. 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution and further that this public hearing be set for 3/5/01 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 Michalski. Motion carried 7-0. At 7:07 P.M. Buol moved to go into Closed Session re: Property Acquisition (Iowa Code Chapter 21.5(1 )Ul. Seconded by Robbins. Motion carried 7-0. At 7:39 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Cline moved to adjourn the meeting. Seconded by Nicholson. 36 Regular Session, February 5, 2001 Motion carried 7-0. The meeting adjourned at 7:40 P.M. ~ ~ 2001 2001 Council Members :Y City Clerk . __>"M'_"__"'____"__'-'_" Special Session, February 7, 2001 37 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 7, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members Suol, Cline, Markham, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Sarry Lindahl Absent: Council Member Ann Michalski Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Parking Division, Finance Department, City Manager's Office, City Councii, City Clerk and Legal Department budgets were presented and discussed. There being no further bustness, u'pon consensus the meeting adjourned at 7:15 p.m. /s/ Jeanne F. Schneider City Clerk . . c2/ 2/ 2001 Council Members City Clerk 38 Special Session, February 15, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 15, 2001 Council met in special session at 6:22 p.m, at the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski (by electronic means), Nicholson, Robbins, City Manager Michael Van MIlligen Mayor Duggan read the call and stated this Is a special session of the City Council called for the purpose of discussing various City budgets. The Airport, Water Pollution Control Plant, Library and Building Services budgets were presented and discussed. There being no further business, Markham moved to adjourn. Seconded by Buol. Motion carried 7.0. The meeting adjourned at 7:52 p.m. Is! Jeanne F, Schneider City Clerk "',,~o ~ AdoPted~ _ /I; ~ c;L/ 2001 2001 r.? 0::+11 'C..fJR ) ('11/", A Council Members r:-'- City Clerk Regular Session, February 19, 2001 39 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council Regular Session, February 19, 2001 Council Mel in Regular Session at 6:30 P.M. in the library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski via the telephone, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsei Barry Lindahl Mayor Duggan read the call and stated this is the regular session 01 the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Jeny E. Oakland, Pastor of St. Luke's United Methodist Church. Proclamation: Tim Moerman Day (February 22, 2001) received by departing Assistant City Manager Tim Moerman who expressed appreciation for all the positive experiences he and his family have enjoyed while in Dubuque. CONSENT ITEMS . Minutes Submitted: Airport Commission of 1/29; Cable TV Regulatory Commission of 1/10; City Council Proceedings of 2/5; Electrical Code Board of 2/5; Environmental Stewardship Advisory Commission of 2/6; Historic Preservation Commission of 1/18; Human Rights Commission of 1/8; Long Range Planning Advisory Commission of 1/17; Transit Board of 2/8; Zoning Advisory Commission of 12/6/00 and 2/7; Zoning Board of Adjustment of 1/25, presented and read. Buol moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7.0. List of Claims and Summary of Revenues for month ending December 31, 2000; City of Dubuque Financial Reports for the month ending January 31, 2001, presented and read. Buol moved that the communication be receIved and filed. Seconded by Robbins. Motion carried 7.0. . Notice of Claims/Suits: Cindy Hanten in undetermined amount for property damage; Robert C. Hood, Jr. in undetermined amount for personal injuries; Gene A. Kramer in estimated amount of $2,222.96 for vehicle damage; Biil Moore in undetermined amount for vehicle damage; None R. Nigg in estimated amount of $794.54 for vehicle damage; Linda L. Sanford in estimated amount of $174.85 for vehicle damage; Subrogation Claim of State Farm Insurance (for insured, Timothy Grass) in estimated amount of 8872.94 for vehicle damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Kane Development Corporation: Communication tram Steve Boge, Kane Development Corporation, requesting the City's acceptance of sanitary sewer and water main system at Pine Knoll Condominiums (Phase I) on Katrina Circle in the City of Dubuque, presented and read. Buol moved that the communication be received and filed and matter referred to the City Manager. Seconded by Robbins. Motion carried 7-0. February 2, 2001 Honorabie Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Police Officer was conducted on November 21, 2000. We hereby certify that the following individuals have passed this written examination and the vacancy for this pOSition should be made from this list and that this list is good for two (2) years tram above date. POLICE OFFICER Jamie Karshsbaum Andrew Harden Julio Casillas Michael Clasen Shawn Patterson Eric Sisler Nathan Knepper Respectfully submitted, Isl Loras J. Kluesner, Chairperson Isl Merle J. Duehr, Jr. Isl Richard Wertzberger Civil Service Commission Buol moved that the above Civil SeNtee Commission certification be made a matter of record. Seconded by Robbins. Motion carried 7. O. Health Holub Benji Young John Pace Joseph Messerich Ted McClimon Jeff Stewart Interagency Agreement Between City and Dubuque County Board of Health for Inspection of Pools and Spas: City Manager recommending approval of an Interagency Agreement between the City of Dubuque and the Dubuque County Board of Health for Inspection of Pools and Spas in Dubuque County, presented and read. Suol moved that the communication be received and filed and concurred with recommendation. Seconded by Robbins. Motion carried 7.0. Tentative Agreement Between the City of Dubuque and the Dubuque Professional 40 Regular Session, February 19, 2001 Firefighters Association, Local #353; City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighters Association, Local #353, for a three year period, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 49-01 ACCEPTING THE TENTATfVE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth Generaf Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employmel1t Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local #353 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Professionaf Firefighters Association, Local #353, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and tentative agreement has been reached. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, fOWA; Section 1, That the terms of the tentative agreement be accepted and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 19th day of February, 2001. Terrance M, Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. U,S. Department of Housing and Urban Development: Communication of the U ,So Department of Housing and Urban Development advising that they have reviewed the City's audit report for the period July 1, 1999 through June 30, 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising of four public input meetings to be held around the State, presented and read. suor moved that the communication be received and filed. Seconded by Robbins. Motion carried 7.0. State Grant Contract for Design Guidelines Manual; City Manager recommending approval of a contract with the State Historical Society of Iowa for a $7,500 grant the City has received to develop a design review guidelines booklet for historic districts, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7 -0. Downtown Vision Process: City Manager recommending confirmation of a facilitator for the Downtown Vision Process, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Bunker Hill Golf Course; Agreement with Golf Professional: City Manager recommending approval of a management agreement with G,M,S" Inc. (George Stephenson) for the Bunker Hill Golf Course operation, presented .and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Robbins. Motion carried 7-0, Urban Revitalization / Tax Exemption Applica- tions: City Manager recommending approval 01 the eligible Calendar Year 2001 Urban Revitalization Applications, presented and read. Buol moved that the communication be received and filed, Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 50-01 RESOLUTION APPROVING RESIDENTIAL PROPERTY TAX EXEMPTION APPLICA- TIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANS- MITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year fOf which the exemption is 1irst claimed, and further requires the City Council to approve all applications that meet the requirements 01 the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 at each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Jackson Regular Session, February 19, 2001 41 . Park, Washington Streel, West 11 'h Street, Upper Main SIreet, and Garfield Place; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 2001, received tax exemption applications from the following property owners in the aforementioned urban revitalization district. West 11tl'\ Street Urban Revitalization Area Old Main Properties/Steven Gudenkaut, 1353 Bluff Street David and Joyce Banfield, 975 Center Place Pablo and Julie Ramirez, 1509-1511 Bluff Street Eck Real Estate, 1535-1537 Bluff Streel Gail Yunk, 559 Chestnut 'h Peter and Angela Eck, 646-652 W. 11 Street Peter and Angela Eck, 440 Loras Boulevard Washinaton Street Urban Revitalization Area Roger C. Welbes, 1946 Jackson Street Patricia Ginter, 1559 Washington Street Unoer Main Urban Revitalization Area Kenneth J Moore and Linda L. Moore, 1199 Central Avenue . Garfield Place Scott A. Porter, 511 Garfield Avenue Whereas, the Community and Economic Development Department, the Building Services andlor the Housing Services DiviSion have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax exemption applications to the City Assessor. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buoi moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 51-01 RESOLUTION APPROVING LATE FILED RESIDENTIAL PROPERTY TAX EXEMPTION APPLICATIONS SUBMITTED BY PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORI- ZING THE TRANSMITTAL OF THE AP- PROVED APPLICATIONS TO THE CITY TAX ASSESSOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to exempt property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written application for exemption by February 1 of the assessment year for which the exemption is first claimed, yet provides for the acceptance, by Resolution of the City Council, of applications filed beyond the legislated deadline and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revital1zation Areas were established: Jackson Park, Washington Street, West 1 tth Street and Upper Main Street; and Whereas, the City Clerk of the City of Dubuque, as of February 1, 2001, received tax exemption applications for improvements made in previous years from the following property owners in the aforementioned urban revitalization districts: West 11th Street Urban Revitalization Area YEAR Gloria Ede, 640 W. II'h Street 1998 Gaii Yunk, 559 Chestnut Street 1998 Whereas, the Community and Economic Development Department and the Building Services and/or the Housing Services Division have reviewed the above.described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque=s Urban Revitalization Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the above-described tax exemption applications meet the requirements of the City of Dubuque's Urban Revitalization Plan. Section 2. That the above-described tax exemption applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- described tax exemption applications to the City Assessor. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. 42 Regular Session, February 19, 2001 Clara Street Place - Acceptance: City Manager recommending acceptance of the public improvements as compleled by Mercy Medical Center in Clara Street Place, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 52-01 ACCEPTING IMPROVEMENTS IN CLARA STREET PLACE Whereas, pursuant to Resolution 447-99, certain improvements including street paving, storm sewer, sanitary sewer, and watermain were Installed by the deveioper of Clara Street Place; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements by accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Clara Street Place be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and the owner for a periOd of two (2) years from this date. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Fischer Cold Storage Warehouse Asbestos Abatement Project - Acceptance: City Manager recommending acceptance of the Fischer Cold Storage Warehouse Asbestos Abatement Project in the final contract amount of 83,200, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 53-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvemenl 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 General Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 54-01 FINAL ESTIMATE Whereas, the contract for the Fischer Cold Storage Warehouse Asbestos Abatement Project has been completed and the City .Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be 83,200.00 and the said amount shall be paid from General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the Resolution. Seconded by Robbins, Motion carried 7-0. Salina Street Reconstruction Project: City Manager recommending a change from concrete panels to wooden railroad ties on portions of the Salina Street Reconstruction Project, presented and read. Buol moved that the communications be received and filed and approved change. Seconded by Robbins. Motion carried 7 -0. Supplement #48 of the Code of Ordinances: City Manager recommending adoption of Supplement #48 to the City of Dubuque Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 55-01 ADOPTING SUPPLEMENT NO. 48 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Regular Session, February 19, 2001 43 . Whereas, under date 01 July 17, 1989, the City Council, pursuant to Ordinance No. 34-89, readopted the Code of Ordinances of the City of Dubuque, Iowa for ordinances adopted up to and including December 19,1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code 01 Ordinances; and Whereas, Section 380.8 of the Code of Ordinances provides that supplements by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 48 01 the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 105-00 enacted through December 4, 2000 and prepared by the Sterling Codifiers, Inc, Weiser, ID hereto filed in the attice of the C'lty Clerk of the City of Dubuque, Iowa be and is hereby adopted and becomes part of the Code of Ordinances 01 the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . Senator Grassley Letter: Communication of City Manager to Senator Grassley requesting his support of S. 88 regarding broadband access in rural and [ow income areas, presented and read. Buol moved that the communication be received and filed and approved letter. Seconded by Robbins. Motion carried 7-0. Business Licenses: . RESOLUTION NO. 56-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. NEW Clark Retail # 2354 Clark Retail Enterprises, Inc 700 Rhomberg Passed, approved and adopted this 19th day of February ,2001. Terrance M. Duggan, Mayor Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 57-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to compiy with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" BEER I LIQUOR LICENSE Melvin G. Spiegelhalter The Clubhouse +(Sunday Sale) 2364 Washington Charles Steffen Tony's Place +(Sunday Sale) 1701 Central Ave Passed, approved and adopted this 19th day of February, 2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 58-01 Whereas, applications tor Beer Permits have been submitted and filed 10 this Council lor approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Kids World Pizza Place/Fun Center Kid's World Pizza/Fun Center+(Sunday Saie) 3033 Asbury CLASS "C" BEER PERMIT Clark Retail Enterprise, Ino Clark# 2354 +(Sunday Sale) 700 Rhomberg Ave Lee W. Potter West Locust Mart 405 West Locust Passed, approved and adopted this 19th day February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS APPOINTMENTS to the following Boards/Commissions: 44 Regular Session, February 19, 2001 Building Code Board of Appeals (2 Vacancies): Markham moved that Chuck Carr be appointed for the General Contractor position for term ending 8/1/03 and Richard Luchsinger for the At. Large position for term ending 8/1/03. Seconded by Nicholson. Motion carried 7-0. Community Development Advisory Commission (4 Vacancies): Markham moved that James Giesen be reappointed for the At- Large position for term ending 2/15/04 and Charles Isenhart be appointed for Census Tract No. 1 position for term ending 2/15/03. Seconded by Nicholson. Motion carried 7-0. Environmental Stewardship Advisory Commission (1 Vacancy): Robbins moved that Art Sunleaf be appointed to the unexpired term ending 10/1/02. Seconded by Buol. Motion carried 7-0. PUBLIC HEARINGS Buol moved that the rules be suspended to allow anyone present to address the Council. Seconded by Robbins. Motion carried 7-0. 989 Langworthy . Rezoning Request of William May: Proof of publication on notice of hearing to consider rezoning property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District, presented and read. Buol moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. Dr. May spoke requesting rezoning to allow placement of his dentist's office. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 989 Langworthy from R-2 Two-Family Residential District to OS Office Service District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 11-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 9a9 LANGWORTHY FROM R-2 TWO-FAMILY 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 described property from R-2 Two- Family Residential District to OS Office Service to wit: Lots 5, 6, 7 and west 'h of Lot 8 Massey Heights Addition, and to the centerline of the adjoining pubiic right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take affect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 26~ day of February, 2001. Jeanne F. Schneider, City Clerk 11 2/26 Suol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final .consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Highway 20 Corridor Between Sluff Street and Cherokee Drive - Rezoning Request Proof of publication on notice of hearing to consider rezoning property located in the Highway 20 Corridor between Bluff Street and Cherokee Drive/Collins Street from R-1 Single-Family Residential, R-2 Two-Family Residential. C-1 Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Buol. Motion carried 7-0. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Highway 20 from Sluff Street west to Cherokee Drive from R- 1 Single-Family Residential, R-2 Two-Family Residential, C-! Neighborhood Commercial, OR Office Residential, OS Office Service and C-3 General Commercial Districts, to OS Office Service and POS Public Open Space Districts, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 12-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONtNG ORDINANCE) OF THE CtTY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG HIGHWAY 20 FROM BLUFF STREET WEST TO CHEROKEE Regular Session, February 19, 2001 45 . DRIVE FROM R-1 SINGLE.FAMILY RESIDEN- TIAL, R-2 TWO-FAMILY RESIDENTIAL, C-1 NEIGHBORHOOD COMMERCIAL, OR OFFICE RESIDENTIAL, OS OFFICE SERVICE AND C-3 GENERAL COMMERCIAL DISTRICTS, TO OS OFFICE SERVICE AND POS PUBLIC OPEN SPACE 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 hereinaher described property from R.l Single-Family Residential, R-2 Two-Family Residential, C-1 Neighborhood Commerciai, OR Oftice Residentiai, OS Office Service and C-3 General Commercial Districts, to OS Oftice Service and POS Public Open Space, as shown in Exhibit A, 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, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by Jaw. Passed, approved and adopted this 19- day 01 February, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 26~ day of February, 2001. Jeanne F. Schneider, City Clerk 11 2/26 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. . . Lamar Advertising Request for Text Amendment to Zoning Ordinance: Proof of publication on notice of hearing to consider an amendment to Section 4-3.11 of the Zoning Ordinance to increase minimum spacing of off. premise signage, presented and read. Jim Schumacher of Lamar Advertising and Chrjs Iverson as VP and General Manager of Lamar spoke in favor of the text amendment. Jennifer Sloan and Gene Bird of Bird Signs spoke in opposition to the proposed Ordinance. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ord'lnances by repealing Section 4-3.11 Scheduie of Sign Regulations for Off-Premise Signs and adopting a new Section 4-3.11 Schedule of Sign Regulations for the Oft- Premise Sings in lieu thereof, pertaining to increasing the spacing between off4premise signs from 100 feet to 750 feet, presented and read. Nicholson moved to table action on this Ordinance and to refer it back to the Zonlng Advisory Commission. Seconded by Suo!. Carried by the following vote: Yeas-Duggan, Michalski, Nicholson, Buol, Cline. Nays- Markham, Robbins. Five Flags Theater Renovation - Award Contract: Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the Five Flags Theater Renovation Project and City Manager recommending to award contract for the project to Klauer Construction Company in the amount of 5699,950, presented anlt read. Buol moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 740. RESOLUTION NO. 59-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of January, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk 01 Dubuque, Iowa for the FIVE FLAGS THEATER RENOVATION PROJECT. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Michaiski. Motion carried 7-0. RESOLUTION NO. 60-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Five Flags Theater Renovation Project pursuant to Resoiution No. 18-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 9th day of February, 2001. Whereas, said sealed proposals were opened and read on the 8th day of February, 2001, and it has been determined that the bid of KLAUER CONSTRUCTION COMPANY, in the amount of 5699,950 was the lowest bid for the furnishings of all labor and materials and performing the 45 Regular Session, February 19, 2001 work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to KLAUER CONSTRUCTION COMPANY. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perlonmance of the work, BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed. approved and adopted this 19th day of February. 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Buol moved adoption of the Resolution. Seconded by ~nchalski. Motion oarried 7-0. Allan J. Becker. Request to Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A of Bradley Place. Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Allen J. Becker, representing Oarl<a Corp., a/kJa Hawkeye Boat Sales & Service, Inc.. presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7 -0. RESOLUTION NO. 51-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF BRADLEY PLACE, DUBUQUE. IOWA Whereas. pursuant 10 resolution and published notice of time and place of hearing. pllblished in lhe Telegraph Herald. a newspaper of general circlllation ,i;'"blished in the City of Dubuque. Iowa on 9' day of February. 2001. the City Council of the City of Dubllqlle. Iowa met on the 19" day 01 February. 200\, al 6:30 p.m. in the Public Library Allditorillm. ll1h and Locust. Dubuque. Dubuque, County, Iowa 10 consider the proposal for the sale of real estate described us: Lot 2,\ of Bradley Plnce in the City of Dllbllque, Iowa WheroM, tile City COllncit of the City of DlJbllqlltJ, lown Qverruled any Rnd all oblections, ami or written to tho proposnl to sell such real eS18ld, oxcopl for easamont a.s noted. NOW Tl-IEREFORE. BE IT RESOLVED BY HIE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Soctiol\ 1. Th.:11 It,,, SElla of City of Dubuque ronl property doscribed l1S Lot 2A of Bradley Pk1ce in tho) City 01 DllbllqllO, Iowa to Oarka. Corp., aJl<Ja Hawkeye Boat Sales & Service. Inc. be and the same is hereby approved lor the sum of 55,300.00. plus cost of publication. platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itsell a perpetual easement including 1he right of ingress and egress thereto. for the purpose of erecting, instatltng, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable. and electric lines as may be authorized by the City of Dubuqlle, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Oarka. Corp., elk/a Hawkeye Boat Sales & Service. Inc. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor. Dubuqlle County Recorder and Dubuque County Allditor. Passed, approved and adopted this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider. City Clerk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Area Residential Care. Inc. - Request to Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in Lot 2A or Block 15 of River Front Subdivision No. 3 of Bradley Place. Dubuque. Iowa and communication of City Manager recommending approval of the disposition to Area Residential Care. Inc.. presented and read. Markham moved that the proof and communication be received and filed. Seconded by Nicholson, Motion carried 7-0. RESOLUTION NO. 52-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF BLOCK 15 OF RIVER FRONT SUBDIVISION NO.3, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald. a newspaper of general circulation ~ublished in the City or Dubuqlle, Iowa on 9' day of February. 2001. the City Council of the City or Dubuque, Iowa met on the 19th day of February, 2001. at 6:30 p.m. in the Public Library Auditorium, 11 th and Locust. Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A or Block 15 of River Front Subdivision NO.3 in Ihe City of Dubuque, Iowa Regular Session, February 19, 2001 47 . Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubllque real property described as Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubllqlle, Iowa to Area Residential Care, Inc. be and the same is hereby approved for the Sllm of $5,880.00, pillS cost of publication, planing and filing fees, Conveyance shall be by Quit Claim Deed, Section 2. The City of Dubllque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, Lv. cable, and electric lines as may be authorized by the City of Dllbuqlle, Iowa. Section 3. ThaI the Mayor be allthorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Jon Romaine representing Area Residential Care, Inc. upon receipt of the purchase price in Illll. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dllbuqlle County Auditor. Passed, approved and adopted this 19th day of February. 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . Thomas Lllksetich and Steve Smith - Request to Vacate: Proof of publication on notice of public hearing to consider disposing of City interest in Lot 1 A of Block 13 of River Front Sllbdivision No.3. Dubuque, Iowa and communication of City Manager recommending approval of the disposition to Thomas Luksetich and Steve Smith, representing Talass. L.L.C" presented and read. Buoi moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0, . RESOLUTION NO. 53-01 RESOLUTION DISPOSING OF CITY NTEREST IN LOT 1A OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO.3, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Teiegraph Herald, a newspaper of general circulation published in the City of Dubuqlle, Iowa on 9th day of February, 200t, the City Council of the City of Dubllque, Iowa met on the 19th day of February, 2001, a15:30 p.m. in the Public Library Allditorium, 11th and Locust, Dubuqlle, Dubllque, COllnty, Iowa to consider the proposal for the sale of real estate described as: Lot 1 A of Block 13 of River Front Subdivision No.3 in the City of Dllbuque, Iowa Whereas. the City COllncil of the City of Dubuque, Iowa overruled any and all obiections, oral or written to the proposal to sell such real estate, except for easements as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 A of Block 13 of River Front Subdivision No. 3 in the City of Dubllque, iowa to Taiass. L.L.C., be and the same is hereby approved for the sum of $12,750,00, pluscost 01 pllblication, platting and filing fees. Conveyance shall be by Ollit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetuai easement inciuding the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City 01 Dllbllque. Iowa. Section 3. That the Mayor be allthorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby allthorized and directed to deliver said deed of conveyance to Talass, L.L.C., upon rece/pl of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy 01 this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuqlle COllnty Allditor. Passed, approved and adopted this 191h day of Febrllary, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Buol moved adoption of the Resollltion, Seconded by Robbins. Motion carried 7-0. Lease with United Rentals, Inc.: Proof of publication on notice of public hearing to consider disposing of City interest in real property and City Manager recommending approval of a lease with United Rentals, fnc, for property located at 301 Iowa Street, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7.0. 48 Regular Session, February 19, 2001 RESOLUTION NO. 64-01 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH UNITED RENTALS, INC. Whereas, the City of Dubuque, Iowa (City) intends to purchase the following real property (the Property) from Plastic Center, Inc.: The West 88 feet 3 inches - North t 1 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance of City Lots 526 and 527, all in the City of Dubuque, Iowa And Whereas, United Rentals, Inc. (United) desires to lease the Property for the operation of an equipment rental business upon the terms set forth in the Lease attached hereto as Exhibit A; And Whereas, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Lease with United; And Whereas, on February 19, 2001, the City Council pursuanf to notice published as required by law, held a public heanng on its intent to dispose of fhe foregoing interest in real property and overruled all objections thereto; And Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such real property. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Lease attached hereto and the Mayor is hereby authorized and directed to sign this resolution and the Lease. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Buol moved to reinstate the rule limiting discussion to Council. Seconded by Cline. Motion carried 7-0. ACTiON ITEMS Bressler Outdoor Advertising: Communication of Jennifer Sloan, General Counsel for Bressler Outdoor Advertising requesting to address the Council regarding the issuance of a building permit to construct a sign structure at 3220 Dodge Street, presented and read. Nicholson moved to receive and file the communication. Seconded by Markham. Carried by the following vote: Yeas-Buoi, Duggan, Markham, Michalski, Nicholson, Robbins. Nays-Cline. Attorney Jennifer Sloan, 170 W. Fairbanks Ave., Winter Park, Fl as counsel for Bressler Advertising spoke requesting issuance of the building permit. Nicholson moved to direcf the Building Department to issue the permit upon receipt of the plans. Seconded by Markham. Carried by the following vote: Yeas-Buol, Duggan, Michalski, Markham, Nicholson, Robbins. Nays-Cline. Amendments to the Historic Preservation Ordinance: Communication of the Historic Preservation Commission and the Preservation Task Force recommending amendments to the Historic Preservation Ordinance, presented and read. Cline moved that the communication be received and filed. Saconded by Buoi. Motion carried 7-0. Terry Mozena, Chair of the Histone Preservation Comm. spoke requesting adoption of the amendments. An Ordinance amending Chapter 25 (Historic Preservation) of the Code of Ordinances of the City of Dubuque, presented and read. Cline moved that this be considered the first reading of the Ordinance. Seconded by .Buol. Motion carried 7-0. Initiatives to Support Historic Preservation in Dubuque: Communicaflon of the Historic Preservation Commission and the Preservation Task Force recommending initiatives to support historic preservation in Dubuque, presented and read. Buol moved that the communication be received and filed and that they approve the recommendation supporting the initiatives. Jaycees/Peosta Channel Trail Project: City Manager recommending to lower the height of the levee where appropriate tor construction of fhe Dubuque Jaycees/Peosta Channel Trail Project, presented and read. Buol moved fhat the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 65-01 RESOLUTION APPROVING A REQUEST TO LOWER THE HEIGHT OF THE LEVEE WHERE APPROPRIATE FOR THE CONSTRUCTION OF THE DUBUQUE JAYCEES / PEOSTA CHANNEL TRAIL PROJECT Whereas, in the process of designing the Jaycees / Peosta Channei Trail Project, it was determined that several sections of the earthen levee were constructed at an elevation higher than the design elevation of the levee, to allow for the possibility of some settlement of the fill; and Whereas, the City and the U.S. Army Corps of Engineers has determined that this additional height is not needed and does not provide any additional level of protection against high water; and Regular Session, February 19, 2001 49 . Whereas, lowering the levee will provide a wider top on the levee, which can be used to give some design flexibility along the trail to include such amenities as additional landscaping, seating area, and possibly a small plaza viewing area; and Whereas, the City Council concurs in the lowering of the levee to no less than its original design elevation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA: Section 1. That the plans for the Jaycees/Peosta Channei Trail Project should incorporate the lowering of the earthen levee to no less than its original design elevation. Section 2. That the City Manager be authorized to sign the Corps of Engineer's Construction Permit application for this project, including the lowering of the levee. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . . Nationa! League of Cities: Communication from the National League of Cities appointing Council Member Dan Nicholson to the Information Technology and Communications (ITC) Steering Committee for the League, presented and read. Michalski moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. Certificates of Completion - CIGNA: City Manager recommending approval of two Certificates of Completion for the CIGNA project, presented and read. Robbins moved that the communication be received and filed and concurred with the recommendation. Seconded by Buol. Motion carried 7-0. COUNCIL MEMBER REPORTS Michalski thanked the Council and Staff for their good wishes at the time of her recent surgery. Duggan expressed appreciation for the $30 Million grant from Vision Iowa. Markham stated that the presentation for the Vision Iowa grant request was great, an outstanding job done by the presenters. ITEMS TO BE SET FOR PUBliC HEARiNG . City of Dubuque Fiscal Year 2002 Budget: City Manager recommending that a public hearing be set for March 6, 2001 to consider adoption of the Fiscal Year 2002 budget and the Five Year Capital Improvement Program, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 66-01 RESOLUTION SETTING THE DATE OF THE PUBLIC HEARING ON THE FISCAL YEAR 2002 BUDGET FOR THE CITY OF DUBUQUE Whereas, Section 384.16 of the Code of Iowa provides that the City Council shall set a time and place for a public hearing on the budget before the final certification date and shall publish noltce before the hearing as provided in Section 362.3 of the Code of Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a publiC hearing on the proposed 2001-02 budget of the City of Dubuque at the Carnegie Stout Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 6, 2001, beginning at 6:30 p.m. Section 2. That the City Cierk be and is hereby authorized and directed to publish according to law notice of public hearing together with the required budget information. Passed, approved and adopted this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 67-01 SETTING THE DATE OF PUBLIC HEARING ON THE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a proposed five year Capital Improvement Program for the City of DUbuque has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year are included in the Fiscal Year 2002 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and to adopt the five year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2002 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five year Capital Improvement Program at the Carnegie Stout Public Library AuditoTlum, 360 West 11th Street, Dubuque, Iowa, on Tuesday, March 6, 2001, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. 50 Regular Session, February 19, 2001 Passed, approved and adopted this 19" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Mississippi River Discovery Center Utility Relocation Project - Initiate: City Manager recommending initiation of the bidding process for the Mississippi River Discovery Center Utility Relocation Project and that a pUblic hearing be heid on March 19, 2001, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0 RESOLUTION NO. 68-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Mississippi River Discovery Center Utility Relocation Project, in the estimated amount of $528,200, are hereby approved and ordered filed in the office of the City Clerk for pUblic inspection. Passed, adopted and approved this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 69-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, and form of contract and placed same on file in the office of the City Clerk for public inspection of the Mississippi River Discovery Center Utility Relocation Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 19th day of March, 2001, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days 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 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 70.01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Mississippi River Discovery Center Utility Relocation Project Is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and speCifications heretofore adopted. That the City Clerk is hereby directed to 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 tour days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 8th day of March, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for tinal action at 6:30 p.m. on the 19th day of March, 2001. Passed, adopted and approved this 19'" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 1999 P.C. Concrete Paving Project - No. I ( Bryant, Booth, and Van Buren) Reconstruction Project Acceptance: City Manager recommending acceptance of the PC! I (Bryant, Booth, and Van Buren) Reconstruction Project in the final contract amount of $2,160,641.20 and recommending that a publiC hearing be held on April 2, 2001 on a new watermain and sanitary sewer assessment added to the project at the request of a property owner, presented and read. Buo! moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 71-01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of DUbuque and are now on file in the office of City Clerk showing among other things Regular Session, February 19, 2001 51 . the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the 1999 P.C. Concrete Paving Project Cj NO.1 (Bryant Street, Booth Street, and Van Buren Street). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement wiii be assessed partialiy or totaiiy against privately owned property lying within the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Street Construction Fund, and special assessment bonds may be issued in anticipation ot deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of February, 2001. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . . RESOLUTION NO. 72-01 FIXING DATE OF HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the 1999 P.C. Concrete Paving Project - No. 1 (Bryant Street, Booth Street, and Van Buren Street); and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's ottice tor publiC inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 20d day of April, 2001, a public hearing wiil be heid at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Cterk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be publiShed once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shaH be deemed to have waived ail objections thereto. Passed, adopted and approved this 19th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buo\ moved adoption ot the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 73-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Whereas, the City Council of the City of Dubuque, Iowa has given its preliminary approval on the proposed plans, specillcations, and form of contract and placed same on file in the office of the City Clerk for public inspection of the 1999 P.C. Concrete Paving Project 0 No. 1 (Bryant Street, Booth Street, and Van Buren Street). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUOUE, IOWA: That on the 20d day of April, 2001, a public hearing will be heid at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the 52 Regular Session, February 19, 2001 proposed plans, specifications, contract, or estimated cost of the improvement Passed, adopted and approved this 19" day of February, 2001. Terrance M. Duggan, Mayor Mest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0.\ RESOLUTION NO. 74-01 ACCEPTING IMPROVEMENT Whereas, the contract for the t999 P.C. Concrete Paving Project DNa. 1 (Bryant Street, Booth Street, and Van Buren Street) has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the lerms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the Cily 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 Street Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 19'h day of February, 2001. Terrance M. Duggan, Mayor Altest: Jeanne F. Schneider, Cily Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 75-01 FINAL ESTIMATE Whereas, Ihe contract for the 1999 P.C. Concrete Paving Project 0 No. 1 (Bryant Street, Booth Street, and Van Buren Street) has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $2,160,641.20. Section 2. That $376,303.64 of the cost thereof shall be assessable upon privale property and $1,715,712.94 shall be paid from the Slreet Construction Fund. Passed, approved and adopted this 19" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider Buol moved adoption of Ihe Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 76-01 RESOLUTION APPROVING PRELIMINARY FINAL SCHEDU~E OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Thallhe attached sheets, 1 10 10 inclusive, are hereby determined to be the schedule of proposed assessments for the 1999 P .C. Concrete Paving Project - NO.1 (Bryant Street, Booth Street, and Van Buren Street) and the valuations set out herein are hereby approved. Passed, approved and adopted this 19'" day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buoi moved adoption 01 the Resoiution. Seconded by Nicholson. Motion earned 7-0. At 9:04 P.M. Nicholson moved to go into Closed Session re: Property Acquisition and . Litigation that is Imminent (Iowa Code Chapter 21-.5(1)U)(c). Seconded by Buoi. Motion carried 7-0. AI 9:35 P.M. Council reconvened Reguiar Session. There being no further business, Nicholson moved 10 adjourn. Seconded by Buoi. The meeting adjourned at 9:36 P.M. 2001 01 ,~~ ~.~~ . _t' ~lf,y,t) Council Members Special Session, February 21,2001 53 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 21, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Duggan, Council Members Buol, Ciine, Markham, Michalski (by telephone), Nicholson, Robbins, City Manager Michael Van Milligen Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Fiscal Year 2002 proposed budgets for the Civic Center Division, Recreation Division, Park Division, Information Services Department, and Cable TV Division were presented and discussed. There being no further business, Nicholson moved to adjourn. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at 8:02 p.rn. . Is/ Jeanne F. Schneider Cily' Clerk . :::fJ!!!; 17 ~ 2001 2001 Council Members r~~ City Clerk 54 Special Session, February 26, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 26, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Pro. Tern Markham, Council Members Buol, Cline, Michalski (by telephone), Nicholson, RolJbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan Mayor Pro- Tem Markham read the call and stated this Is a special session of the City Council called for the purpose of discussing various City budgets and to conduct a publiC hearing on the expenditure of Community Development Block Grant Funds. The Community and Economic Development Department budget was presented. Mayor Pro- Tem Markham opened the public hearing on the Community Development Block Grant Funds. No one spoke on the CDBG budget. Rhodes (Bud) Isenhart, 8908 Quail Ridge Court, spoke regarding the City's TIF Program and requested that it be recognized that all taxpayers in the County contribute toward this program, not only City residents. The proposed Fiscal Year 2002 budget for the Planning Services Department was then presented. Mary Lynn Neumeister, Chair of the Long Range Planning Commission, spoke in favor of funding for the Zoning Ordinance update. Terry. Mozena, Chair of the Historic Preservation Commission, spoke in favor of funding for the full~time Historic Preservation Planner position. Mike Gibson, Loras College; Linda Herbst, Dubuque Main Street, Ltd.; and Paul Kirkegard, Old House Enthusiasts, all spoke in favor of adding this position. Dan LoBianco, Dubuque Main Street, Ltd., thanked the Council for funding of the Downtown Comprehensive Plan, and also stated his support for the Planner position. Council Member Buol stated that review of the Zoning Ordinance has been a priority since 1996 and possibly should be revisited at the next Council goal setting session to determine if this is still a priority. Council Member Nicholson asked that this be brought back at the public hearing on the Fiscal Year 2002 budget to be voted upon. The Human Rights Department, Housing Services Department, and Water Department then proceeded with their budget presentations. At 8:13 p.m. Nicholson moved to go into Closed Session regarding property acquisition (Iowa Code Chapter 21.5(1 )0). Seconded by Robbins. Motion carried 6-0. At 8:48 p.m. Council reconvened Special Session stating Staff had been given proper direction. There being no further business, Nicholson moved to adjourn. Seconded by Robbins. Motion carried 7-0. The meeting adjourned at 8:47 p.m. Isl Jeanne F. Schneider City Clerk Council Members Special Session, February 27, 2001 55 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, February 27, 2001 Council met in special session at 6:15 p.m. at the Library Auditorium Present: Mayor Pro.Tem Nicholson, Council Mernbers Buol, Cline, Michalski (by telephone), Robbins, City Manager Michael Van Mllligen, Corporation Counsel Barry Lindahl Absent: Mayor Duggan and Council Member John Markham Mayor Pro-Tem Nicholson read the call and stated this is a special session of the City Council called for the purpose of discussing various City budgets. The Operations and Maintenance Department, Engineering Division and Transit Division budgets were presented. . Steve Mosiman, 1000 Clarke Drive expressed concern as to when the steps between West Locust and Hodgden would be completed. Randy Lyon, 1915 Admiral; Greg Cigrand, 1865 Admiral; Mrs. Roland Avenarius, 2985 University all expressed concern about storm water drainage in that area of town. Purchase of Services The following Purchase of Service agencies were represented: Sue Czeshinski for the Convention and Visitors Bureau; Steve Jacobs for Project Concern (Information and Referral, Child Care Referral, and Foster Grandparent Prograrn); Chuck Isenhart for the Dubuque Area Labor Management Council; Dan LoBianco for Dubuque Main Street, Ltd.; Rick Dickinson for Greater Dubuque Development Corporation; David Runyon for Helping Services of Northeast Iowa; and Myra Benzer and Linda Hathaway for Retired Senior Volunteer Program. There being no further business, upon motion meeting adjourned at 8:47 p,m. Isl Jeanne F. Schneider City Clerk . Council Members City Clerk 56 Special Session, February 28, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session. Febnuary 28, 2001 Council met in special session at 6:15 p.m. at the Ubrary Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham. Michalski (by telephone), Nicholson, Robbins. City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl Mayor Duggan read the call and slated this is a special session of the City Council caiied for the purpose 01 discussing various City budgets. The Emergency Communications Center. Emergency Management Office, Fire Department, Health Services Department and Police Department budgets were presented and reviewed. There being no further business, Robbins moved to adjoum. Seconded by Buol. Motion carried 7.0. The meeting adjourned at 7:49 p.m. Jeanne F. Schneider Cily Clerk .7-- ;L./ 2001 Council Members ~ City Clerk