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2001 May Council Proceedings . Regular Session, May 7, 2001 135 DUBUQUE CITY COUNCIL OFFICIAL PROC.EEDINGS City Council, Regular Session, May 7, 2001 Council Met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members 8uol, Cline, Markham, Michalski, Nichoison, Robbins, City Manager Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the cali and stated this is the regular session of the City Council calied for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Pastor Victor St. George, Sf. Matthew's Lutheran Church. Mayor Duggan swore in Council Member Joseph Robbins as Mayor Pro-Tem. . PROCLAMATIONS: Hospital Week (May 6- 12, 2001) received by David Schalier of The Finley Hospital; Tourism Week (May 6 - 12, 2001) received by Sue Czeshinski of the Convention and Visitors Bureau; Historic Preservation Week (May 13 - 19, 2001) received by Planning Director Laura Carstens; Nursing Home Week (May 13 - 19, 2001) received by Barbara Barker; Mental Health Month (May) received by Betty Alien; and Leave a Legacy Month (May) received by Stan Schwartz and Pat Judge; Cystic Fibrosis Weekend (May 19-20, 2001) received by Mary Ernst. CONSENT ITEMS Minutes Submitted: City Councii Proceedings of 4/16; Civil Service Commission of 4/3 and 4/6; Environmental Stewardship Advisory Commission of 4/3; Five Flags Commission of 4/16; Human Rights Commission of 3/12 and 3/26; investment Oversight Advisory Commission of 4/19; Library Board of Trustees of 3/22; Mechanicai Code Board of 4/24; Transit Board of 2/8, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. . Proof of Publication of Council Proceedings for April 2, 2001, presented and read. Buol moved that the proof be received and filed. Seconded by Markham. Motion carried 7-0. Investment Oversight Commission Quarterly Report; Third Quarterly Report of the Substance Abuse Services Center; Chamber of Commerce Convention and Visitors Bureau Quarterly Report, presented and read. Buol moved that the reports be received and filed. Seconded by Markham. Motion carried 7-0. Notica of Claims/Suits: Eleanor Avenarius in estimated amount of $1,741 for personal injury; B & W Properties (Vicki Beahen and Tim Wood) vs. the City Council of Dubuque; Crompton Corporation vs. City of Dubuque; Dutrac Community Credit Union vs, City of Dubuque Housing Services Department and City of Dubuque; Peter J. Eisbach in estimated amount of $656.28 for property damage; Hillcrest Associates vs. City of Dubuque; James E. Judge in estimated amount of $1,777.50 for property damage; Judy K. Kaiser in undetermined amount for personal injury; David Ludovissy in estimated amount of $500 for property damage; McKillup Auto Diagnostics, Inc., in estimated amount of $879 for property damage; Old Repubiic Insurance Company vs. City of Dubuque and Chartaire, Inc.; Carol J. Paul in estimated amount of $548.32 for vehicle damage; Ronald R. Riniker in estimated amount of $2,784.60 for property damage; Sheila C. Woibers in estimated amount of $166.56 for property damage, presented and read. Buol' moved that the claims and suils be referred to the iegai staff for investigation and report. Seconded by Markham. Motion carried 7-0. Corporation Counsel advising that the foliowing ciaims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Eleanor Avenarius for personal Injury; Peter J. Eisbach for property damage; James E. Judge for property damage; Judith Kaiser for personal injury; McKillip Auto Diagnostics, Inc. for property damage; Carol J. Paul for vehicle damage; Ronald R. Riniker for property damage, and Corporation Counsel recommending denial of the ciaim of Joseph E. Dolan for property damage, presented and read. Buo/ moved that the communications be received and filed and concurred with the recommendations. Seconded by Markham. Motion carried 7-0. Dubuque County - Request to Vacate: Communication from Fred H. McCaw, Dubuque County Attomey, requesting that a portion of Eighth Street between Central Avenue and Iowa Street be vacated, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Cathedral Neighborhood Communication from Ken Kringle, the Cathedral Neighborhood Association: P resident of Association, 136 Regular Session, May 7, 2001 requesting permission to piace historic benches in their neighborhood, presented and read, Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Dubuque Museum of Art: Communication from the Dubuque Museum of Art requesting the vacating of parking places on Seventh Street and the addition of new parking spaces on the east side of Bluff Street between Seventh and Eighth Streets, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Markham. Motion carried 7-0. Civil Service Commission ~ Maintenance Worker: April 24, 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 Maintenance Worker was conducted on April 3, 2001. 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 years (2) years from above date. Maintenance Worker Patrick De Heck Randy J. Vaske Raymond Behnke Frederick Brimeyer Nicholas S, Bibb James R. Powers Paul Herman Terry J. Leibold Joseph Breson Garry Clauer Paul Davis Martin Baumgartner Timothy Lattner John Huekels John Leytem, Jr. Robert J. Schiel Terrance L. Shaffer Jeff J. Steuer Respectfully submitted, Is! Loras Kluesner, Chairperson Is! Merle Duehr Civil Service Commission Buol moved that the above Civil Service certification be made a matter of record. Seconded by Markham. Motion carried 7-0. Agreement with Four Mounds Foundation for Summer Day Camp Program: City Manager recommending approval of a grant agreement with the Four Mounds Foundation to provide the summer day camp program as part of the Uptown Recreation Program, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Agreement with ISU Extension Services for Uptown Recreation Programs: City Manager recommending approval of a grant agreement with ISU Extension Services to provide summer "--'""""-'~-'->'-'-_._-~--~"- programs as part of the Uptown Recreation Program, presented and read, Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Sister City Program: Communication of Council Member John Markham inviting Mrs. Ludmila Mitrofanenko to visit the City of Dubuque as part of the Sister City program and letter from Jeff Buliock, on behaif of the Presidents of the Tri-Coliege Cooperative Effort, extending their official invitation, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Legislative Issues: Communication of City Manager to area legislators advising of the City's opposition to House File 324 and House File 582; and urging support for the passage of the state gaming tax bill as passed by the House Ways and Means Committee, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. CEBA - Cottingham and Butler Insurance Service, Inc.: Communication from the Iowa Department of Economic Development advising that they have approved the City's Community Economic Betterment Account (CEBA) on behaif of Cottingham and Butler Insurance Service, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Florence, Villa, Mountain Lane - Final Assessment Acceptance: City Manager recommending approvel of the final schedule of assessments for the Florence, Villa and Mountajn Lane sanitary sewer installation project. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTfON NO,164-01 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE FLORENCE, VILLA, AND MOUNTAIN LANE SANITARY SEWER EXTENSION INCLUDING CERT AIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHfCH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF, 137 Regular Session, May 7, 2001 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assess(Tlents and accompanying plat showing the assessments proposed to be made for the construction of the Florence, Villa, and Mountain Lane Sanitary Sewer Extension Project under contract with WC Stewart Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 25" day of April, 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 scheduie, 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.flve percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner 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 finai 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 (9) 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. Passed, approved and adopted this 7" day of May, 2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk . . . CITY OF DUBUQUE, IOWA FLORENCE, VILLA & MOUNTAIN LANE SANITARY SEWER FINAL SCHEDULE OF VALUATION AND FINAL ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as true valuations of such lots by the city council of the City of Dubuque, Iowa. OWNER ADDRESS LOT DESCRIPTION LEGAL GROSS VALUATION VALUATION wi DEFICIENCY TOTAL NET PORTION CONNECTION LOT # SUBDIVISION ASSESSMENT IMPROVEMENT ASSESS- MENT ASSESSMENT OVER 150' CHARGE Higley, Roger & Michelle 16432 Humke Road S 44.5'.E50'.N85' -Lot 2 Harper's Subdivision 10-25-456-005 $2,964.41 $79,080.00 $82,044.41 $0.00 $2,964.41 Lindahl, Barry 295 Villa SI. E30' of Lot 198 & Lot 199 Union Addition 10-25-456-010 $9,992.39 $131,902.00 $141,894.39$0.00 $9,992.39 $1,665.40 $0.00 Nebel, Jeff & Anita And Connie Wehr 395 Mountain Lane N 1/2 Lot 217, N 1/2 Lot 218, N 1/2 Lot 219 Union Addition 10-25- 459-010 $4,663.11 $93,290.00 $97,953.11 $0.00 $4,663.11 Meyer, Mary Doser 391 Mountain Lane S 1/2 Lot 217, S 1/2 Lot 218, S 1/2 Lol219 Union Addition 10-25-459-011 $4,663.11 $91,552.00 $96,215.11 $0.00 $4,663.11 $0.00 Vogt, Rita Mary 675 Florence 20' of Lot 221 Union Addition 002 $4,663.11 $73,392.00 $0.00 $4,663.11 loewen, Carl & Anna Mae 655 Florence E 40' of Lot 221 & W 20' of Lot 222 Union Addition 10-25-460-003 $3,996.95 $90,240.00 $94,236.95 $0.00 $3,996.95 Hardie, Frank T. 395 Villa St. E 40' of Lot 222 & Lot 223 Union Addition 10-25-460- 004 $6,661.59 $169,020.00$175,681.59 $0.00 $6,661.59 loney, Allen 692 Florence St. 226 & Lot 2 Union Addition 002 $9,992.39 $69,172.00 $0.00 $9,992.39 $1,998.48 White, Tim P.O. Box 862 Lot 227 Union Addition 10-25-461-003 $5,995.43 $9,330.00 $15,325.43 $2,164.07 $3,831.36 $0.00 $0.00 Oliver, Cindy 545 Villa St. Lot 1 of Lot 25 Levi's Addition 10-25-461-013 $9,992.39 $119,990.00$129,982.39$0.00 $9,992.39 $2,598.02 $0.00 Lot 220 & W 10-25-460- $78,055.11 Lot 1 of Lot 10-25-461- $79,164.39 138 Regular Session, May 7, 2001 Whitlow, Kathryn 400 Villa SI. Lot 1 of Lot 228 Union Addition 10.25.476.002 $9,789.21 $347,600.00$357,389.21$0.00 $9,789.21 O'Brien, Patricia 450 Villa SI. ' Lot 2 of Lot 228 Union Addition 10.25-476.003 $9,631.33 $182,582.00$192,213.33$0.00 $9,631.33 Keegan, Mike & Sandra 500 Villa SI. N 46' Lot 22, Lot 23, Lot 24 & Lot 24a Levi's Addition 10.25-476.051 $9,992.39 $63,240.00 $73,232.39 $0.00 $9,992.39 $209.84 Hartig, Richard 560 Villa SI. Lot 19, Lot 20, & Lot 21 Levi's Addition 10.25.476.007 $9,992.39 $356,470.00$366,462.39$0.00 $9,992.39 $629.52 TOTALS: GROSS ASSESSMENTS: $102,990.19 DEFiCIENCY ASSESSMENTS: $2,164.07 TOTAL NET ASSESSMENTS: $100,826.13 Buol moved adoption of the Resoiutlon. Seconded by Markham. Motion carried 7.0. Bennett Street Storm Sewer Reconstruction Project Acceptance: City Manager recommending acceptance of the Bennett Street Storm Sewer Reconstruction Project in the final contract amount of $39,302.06, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 165-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Bennett Street Storm Sewer Extension Project has been completed and the City Manager has examined the work and fiied 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 Storm Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 7"day of May, 2001. Terrance M. Duggan. Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resoiution. Seconded by Markham. Motion carried 7.0. RESOLUTION NO. 166-01 FINAL ESTIMATE Whereas, the contract for the Bennett Street Storm Sewer Extension 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 $43,760.69 and the said amount shall be paid from the General Storm Sewer Construction Fund of the City 01 Dubuque, Iowa. Passed, approved and adopted this 7" day 01 May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7.0. Fitth Street Ramp Expansion - Acceptance: City Manager recommending acceptance of the Fifth Street Ramp Expansion Project in the finai contract amount of $2,001,920.53, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 167-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Fifth Street Ramp Expansion 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 contracts, 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 Parking Construction Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the Resolution. Seconded by Markham. Motion carried 7.0. . Regular Session, May 7,2001 139 RESOLUTION NO. 168-01 FINAL ESTIMATE Whereas, the contract for the Fifth Street Ramp Expansion Project has been completed and the Parking ,System Supervisor has submitted her final estimate showing the cost thereof inciuding the cost of estimate~, 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 $2,001,920.53 and the said amount shall be paid from the Fiscal Year 2001 Parking Construction Fund. Passed, approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . HUD Healthy Homes Initiative Grant Appiication: City Manager recommending authorization to execute an application for a Heaithy Homes Initiative Demonstration Grant, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO.169-01 RESOLUTfON AUTHORIZING THE TO EXECUTE AN APPLlCATfON HEALTHY HOMES INITfATIVE STRATION GRANT Whereas, the City of Dubuque has operated a local childhood lead poisoning prevention program since 1994; and Whereas, the City received Round 4 iead hazard removal funding, in the amount of $3.69 million; and Whereas, the U.S. Department of Housing and Urban Development has made availabie additional funds for a healthy homes initiative program, including lead-based paint hazard control, lead hazard awareness, healthy homes public education and community outreach, and environmental assessments and treatments to impact a variety of household health and safety issues; and Whereas, the City of Dubuque proposes a Healthy Homes Initiative program in Census Tracts 1, 2, 5, 6, 7.01 and 7.02 in the City of Dubuque. The new proposed application is for a Healthy Homes Initiative demonstration project to promote cost effective measures to correct muitipie safety and health hazards in home environments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: MAYOR FOR A DEMON- Section 1. That the Mayor is hereby authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for a Healthy Homes Initiative Demonstration Grant in the amount of $1,000,000. Section 2. That the City Manager is hereby authorized and directed to forward said applications and resulting standard executed contracts to the respective agencies in a timely fashion and as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 7'" day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Enterprise Zone Commission: City Manager recommending approval of the appointment of members to the Enterprise Zone Commission, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Iowa Inn - Downtown Rehab Loan Terms: City Manager recommending approval of a change in the repayment terms of the City's TIF funded Downtown Rehabilitation Loan previously approved for the iowa Inn project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 170-01 A RESOLUTION AUTHORfZING A CHANGE IN THE TERMS OF THE DOWNTOWN REHABILITATION LOAN TO METROPLAINS DEVELOPMENT, LLC Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan Program for the purpose of stimulating reinvestment in the Downtown Dubuque Urban Renewal District; and Whereas, the City of Dubuque, Iowa, is encouraging the use of this loan program to finance code compliance activities and to spur job creation and upper story housing unit development; and Whereas, the ioan application from MetroPlains Development, LLC (MDI Limited Partnership #47) meets the requirements of this program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the revised terms of the Downtown Rehabilitation Loan to allow a ten year repayment of monthly principai plus interest are hereby accepted and approved. 140 Regular Session, May 7, 2001 Section 2. That the City Manager be and he is hereby directed to prepare the necessary loan documents in accordance with the approved terms. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan Program, in accordance with the terms and conditions. of the executed agreement. Passed, approved and adopted this 7'" day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Quarterly Investment Report: City Manager submitting the March 31, 2001 Quarterly Investment Report, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Rlprow Valley Restoration Project - Selection of Archeologist: City Manager recommending the approval of Mississippi Valley Archeology Center to perform a Phase I archeological survey for the Riprow Valley Recreation Area project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Fire Grant Application: City Manager recommending approval of a $43,000 grant application to the United States Fire Administration in the Wellness/Fitness Category and authorizing the $13,500 (10 percent) local share, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Notice of Finding of No Significant Impact and Release of Funds for Community Development Block Grant Programs: City Manager recommending approval of publication of a combined notice of no significant Impact on the environment and notice of intent to request release of funds for Community Development Block Grant Programs, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 171-01 A RESOLUTION AUTHORIZING PUBLiCA. TION OF A COMBINED NOTICE OF FiNDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR CERTAIN COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FOR FISCAL YEAR 2002 (PROGRAM YEAR 2001) Whereas, the City of Dubuque will enter Into a Grant Agreement for the Fiscal Year commencing July 1, 2001, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that said projects will have no significant impact on the environment; and Whereas, a combined notice of " Finding of No Significant impact on the Environment' and of "Intent to Request Release of Funds" for said projects will be sent by regular mail to various federal, state and locai pubiic agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the iocal news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the following identified projects and to make the Environmental Review Record for said projects available for publiC inspection and comment until 5:00 p.m. on May 28, 2001. Such notice shall be in the form of Exhibit "A' attached hereto and made a part hereof. Housing Programs: Probiem Properties Management; Homeownership Rehabilitation (Operation: Paintbrush; Operation Upkeep; Residentiai Rehabilitation Loan Program; Sewer Connection Loan);Housing Code Enforcement; First Time Home Buyer Program; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Moderate income Rental Rehab Loan Program; Accessibility Rehab; Single Room Occupancy Rehab) Regular Session, May 7, 2001 141 . Purchase/Rehabilitation/ Resale; Painted Brick Program, Housing Rehabilitation Services and Staff; Housing Planning/Administration Services and Staff Neighborhood and< Community Development Programs: Community Partnership Program (cp2); Senior Center; Neighborhood Recreation Programs; Family Self-Sufficiency; Information and Referral Service; Child Care Resource and Referral; Deer Management Food Program; Zoning Inspection/Enforcement; Historic Preservation Rehabilitation Grants; Washington Tool Library; Neighborhood Grants; Leadership Training; Handicap Curb Ramps; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood StepMlall Repair); Dubuque Dispute Resolution Center; Fair Housing Education; Neighborhood Development Services and Staff Economic Development Programs: Economic Development Financial Assistance Program; Enterprise Opportunity Program; Economic Development Program Services and Staff Planning and Administration: CDBG Administration Services and Staff; Finance Services and Staff; City Planning Services and Staff Section 2. That the environmental review record for each of the projects shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said projects. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. . . Passed, approved and adopted this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Amendment to the Platinum Hospitality Group LLC Facility Management Agreement: City Manager recommending approval of an amendment to the Platinum Hospitality, Inc. Facility Management Agreement for the Mississippi River Education and Conference Center, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Amendment to the Platinum Hospitality Group LLC Development Agreement: City Manager recommending approval of an amendment to the Platinum Hospitality Development Agreement, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 172-01 APPROVING THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND PLATINUM HOLDINGS, LLC WHEREAS, the City of Dubuque (City) and Platinum Holdings, LLC (Developer) have entered into a Development Agreement pursuant to which City will lease to Developer certain real property for Developer's construction and operation of a hotel and water park; AND WHEREAS, the Closing Date established in the Amended Development Agreement Is May 15,2001; AND WHEREAS, City and Developer now desire to further amend the Development Agreement to establish a new closing date of June 4, 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Third Amendment to Development Agreement attached hereto is hereby approved. 2. The Mayor Is authorized and directed to sign the Third Amendment on behalf of the City of Dubuque. Dated this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Dubuque Jaycees - Transfer of Liquor License: Transfer of Class B Beer Permit for Dubuque Jaycees "All that Jazz" Tent A, on June 15, 2001, from Town Clock Plaza to Iowa 142 Regular Session, May 7, 2001 Street Ramp in case of rain, presented and read. Buol moved that the communication be received and filed and transfer approved. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 173-01 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 fiied 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 TFM Co. Oky Doky #1 + (Sunday Sale) 250 W. 1st St Beecher Co. Inc. Beecher Beverage #2+ (Sunday Sale) 1691 Asbury Rd McCann's Service Inc McCann's Service Inc+(Sunday Sale) 690 W Locust St Mulgrew Oil Com. 16th St Auto/Truck Plaza+ (Sunday Sale) 1215 E. 16th St Kwik Trip Inc. Tobacco Outlet Plus #504+ (Sunday Sale) 806 Wacker Dr TFM Co. Oky Doky # 2+ (Sunday Sale) 51 W. 32nd St CLASS "B" (SPECIAL EVENT) BEER PERMIT Donna Ginter Catfish Festival+ (Sunday/Outdoor Sale) Hawthorne St Dubuque Jaycees Dubuque Jaycees Main Event+ (Outdoor) Tent A End of Main St Dubuque Jaycees Dubuque Jaycees Tent A+ (Sunday/Outdoor Sale) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees Tent B+ (Sunday/Outdoor Sale) Town Clock Plaza Dubuque Jaycees Dubuque Jaycees Tent C+ (Sunday/Outdoor Sale) Town Clock Plaza Passed, approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 174-01 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 "A" LIQUOR LICENSE Dubuque Golf & Ciub Dubuque Golf & Country Club+(Sunday/ Outdoor Sale) 1800 Randall CLASS "C" LIQUOR LICENSE Clifford Enterprises LC Dempsey's & Molly's Pub & Grub 395 W 9th MichaellTheresa Kalmes Breaktime Bar & Grill+ (Sunday Sale) 1097Jackson Beverly Larsen Denny's Lux Club+ (Sunday Sale) 3050 Asbury CLASS "BW"(SPECIAL) LIQUOR Athenian Grllllnc Athenian Grill 1091 University Four Seasons 3305 Asbury Four Seasons Buffet Inc. Buffet+(Sunday Sale) CLASS 'WB" WINE Oky Doky # 1 250W.1st Beecher Beverage # 2 1691 Asbury Passed, approved and adopted fhis 7th day of May 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. TFM CO. Beecher Co. Inc. BOARDS/COMMISSIONS Appointments to the following Boards / Commissions: COMMUNITY DEVELOPMENT ADVISORY Commission: (Two Vacancies) Applicant: Paula Maloy, SVM (Census Tract 10). Michalski moved that Paula Maloy, SVM be appointed to the Community Development Advisory Commission, representing Census Tract 10, for an unexpired three year term which will expire 2/15/04. Seconded by Cline. Motion carried 7-0. ZONING BOARD OF ADJUSTMENT (One Vacancy), Applicant: Randall J. Klauer. Markham moved that Randall J. Klauer be appointed to a five year term which will expire 3/25/06. Seconded by Nicholson. Motion carried 7-0. . PUBLIC HEARINGS Regular Session, May 7, 2001 143 Michalski moved that the rules be suspended to allow anyone present to address the Council if they so Desire. Seconded by Cline. Motion carried 7-0. Residential Parking Permit District - Senior High School Area: Proof of publication on notice of hearing on establishment of Residential Parking Permit District E for portions of streets around Senior High School, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. Chris Austin spoke in favor of the proposed Residential Parking Permit District. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-398 thereto providing for the designation of portions of North Grandview Avenue, Rosedale Avenue, Algona Street, and Avoca Street as a Residential Parking Permit District, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 24-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA BY ADOPTING A NEW SECTION 32- 398 THERETO PROVIDING FOR THE DESIGNATION OF PORTIONS OF NORTH GRANDVIEW AVENUE, ROSEDALE AVENUE, ALGONA STREET, AND AVOCA STREET AS A RESIDENTIAL PARKING PERMIT Whereas, Sections 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, iowa, empowers the City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas, a valid petition has been received to declare an area described as follows as a Residential Parking Permit District. Grandview Avenue, North, south side, from Avoca Street to Auburn Street Rosedale Avenue, south side, from Avoca Street to the alley west of Rasedale Avenue, north side, from Avoca Street to the west property line of 2095 Rosedale Avenue Algona Street, both sides, from North Grandview Avenue to Green Street Avoca Street, both sides, from Rosedale Avenue to Green Street Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has established that the area meets the criteria as established in Section 32-383 of the Code of Ordinances of the City of Dubuque, Iowa: . At least 80 percent of the curbside parking spaces in the proposed Parking Permit District were utilized during peak periods; and At least 25 percent of the curbside parking spaces in the proposed Parking Permit District were utilized by nonresident parkers; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 7:00 a.m. to 2:30 p.m. daily, except Saturdays, Sundays, and holidays; and Whereas, the City Council pursuant to public notice published on April 20, 2001, in the City of Dubuque Telearaoh Herald, a newspaper of general circulation met in session on the ih day of May, 2001, at 6:30 p.m. in the third floor auditorium of the Carnegie Stout Public Library for the purpose of hearing all interested persons and representatives of organizations and to consider any and all objections which have been filed to the proposed designation of the above area as a Residential Parking Permit District during the hours of 7:00 a.m. to 2:30 p.m., daily except Saturdays, Sundays, and holidays; and Whereas, all interested parties have been given an opportunity to be heard and all objections have been duly considered, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That a petition containing the required number of signatures and meeting the intent and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 7:00 a.m. to 2:30 p.m. daily, except Saturdays, Sundays, and holidays be and the same are overruied. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 7:00 a.m. to 2:30 p.m. daily, except Saturdays, Sundays, and hoiidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting a new Section of 32-398 as follows: "Sec. 32-398. Residential Parkina Permit District "E". a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit District "E": Grandview Avenue, North, south side, from Avoca Street to Auburn Street 144 Regular Session, May 7, 2001 Rosedale Avenue, south side, lrom Avoca Street to the alley west of Avoca Street Rosedale Avenue, north side, from Avoca Street to the west property line of 2095 Rosedale Avenue Algona Street, both sides, from North Grandview Avenue to Green Street Avoca Street, both sides, Irom Rosedale Avenue to Green Street. No vehicles shail park curbside in Residential Parking Permit District "E" during the hours of 7:00 .am. to 2:30 p.m. daily, except Saturdays, Sundays, and hoiidays without displaying a valid parking permit issued by the City." Section 5. That the City Clerk is hereby directed to mail to every dwelling unit within the designated district the documents prescribed by Section 32-385 of the Code 01 Ordinances of the City 01 Dubuque, Iowa. Passed, approved and adopted this 7'" day of May, 2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 1" day of August, 2001. Jeanne F. Schneider, City Clerk 11 8/1 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 linal consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. General Obligation Bonds lor the America's River Project: Prool of publication on notice of hearing and City Manager recommending the sale of not to exceed $12,500,000 General Obligation Bonds for the America's River Project, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. Jerry Enzler, Executive Director pI the Dubuque County Historical Society and Sue Czeshinski of the Convention and Visitors Bureau both spoke in lavor of the sale of the bonds. Rhodes isenhart, 8908 Quail Ridge Ct. spoke questioning the use of TIF monies. RESOLUTION NO. 175-01 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE fSSUANCE OF NOT TO EXCEED $12,500,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has heid a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $12,500,000 General Obligation Bonds lor the essential corporate purpose 01 paying costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority pf Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban Renewal District, including those costs associated with the acquisition and construction 01 parking improvements and site development for the Mississippi River National Education and Conlerence Center, and the construction, development, improvement and beautilication of the banks and other areas adjacent to flood control improvements in said District, including construction of riverwalk, streetscape and lighting improvements, rehabilitation and conservation Of historic structures, and construction 01 boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project, and no petition was filed calling for a referendum thereon and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of bonds; and, accordingly the lollowing action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action lor the sale and issuance in the manner required by law of not to exceed $12,500,000 General Obligation Bonds lor the foregoing essential corporate purposes. Section 2. That this Resolution be and does hereby serve as a deciaration 01 official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. Section 3. The Cierk is authorized and directed to proceed on behalf 01 the City with the sale of said bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf 01 the City and this Council and otherwise to take all action necessary to permit the sale 01 said bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 7th day 01 May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Flat Iron Park Renovation: Proofs of pUblication on notice of hearing on plans and Regular Session, May 7,2001 . specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the renovation of Flat Iron Park to Fondell Excavating, inc., in the amount of $142;921<.02, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Michaiski. Motion carried 7-0. . RESOLUTION NO. 176-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 16'h day of April, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the FLAT IRON PARK 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 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. . RESOLUTION NO. 177-01 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the FLAT IRON PARK RENOVATION PROJECT pursuant to Resolution No. 158-01, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 20'h day of April, 2001. WHEREAS, said sealed proposals were opened and read on the 27'h day of April, 2001, and it has been determined that the bid of FONDELL EXCAVATING, INC., In the amount of $142,921.02 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above Improvement be awarded to FONDELL EXCAVATING, INC., and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete pertormance of the work. BE IT FURTHER RESOLVED: 145 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 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Michaiski. Motion carried 7-0. Hamilton Street Storm Sewer Reconstruction: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for reconstruction of the Hamilton Street Stonm Sewer to Drew Cook and Sons Excavating in the amount of $23,285.73, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 178-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28th day of March, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Hamilton Street Sewer Extension 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, adopted and approved this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 179-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Hamilton Street Storm Sewer Extension Project pursuant to Resolution No. 131-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6'h day of April, 2001. Whereas, said sealed proposals were opened and read on the 24'h day of April, 2001, and it has been determined that the bid of Drew Cook & Sons, Inc. of Dubuque, Iowa in the amount of $23,285.73 was the lowest bid for the 146 Regular Session, May 7, 2001 furnishings of all labor and materials and performing the work as provided for in the pians and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF .HE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Drew Cook & Sons, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Wilbrichl Lane Storm Sewer improvements: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Wilbricht Lane Storm Sewer Improvements to Connolly Construction, Inc. in the amount of $22,971.29, presented and read. Robbins moved that the proofs and communication be received and filed. Seconded by Michalski. Motion carried 7-0. RESOLUTION NO. 180-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 28'h day of March, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Wilbricht Lane Storm Sewer Improvements 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, adopted and approved this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carried 7 -0. RESOLUTION NO. 181-01 AWARDING CONTRACT Whereas, seaied proposals have been submitted by contractors for the Wilbricht Lane Storm Sewer Improvements pursuant to Resolution No. 134-01 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of April, 2001. Whereas, said sealed proposals were opened and read on the 26th day of April, 2001, and It has been determined that the bid of Connolly Construction, Inc. in the amount of $22,971.29 was the lowest bid for the furnishings of ali labor and materials and performing the work as provided for in the pians 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 Connolly Construction, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Michalski. Motion carried 7-0. Markham moved that the rule be reinstated limiting discussion to the Council. Seconded by Buol. Motion carried 7-0. ACTION ITEMS Request for Proposals (RFP) for Preparation of Pians and Specifications for the Opening of Main Street from 5th Street to 9th Street; City Manager recommending approval of the issuance of a Request for Proposals for the Town Ciock Plaza, presented and read. Buo! moved that the communication be received and filed and approved recommendation. Seconded by Cline. Carried by the following vote: Yeas- Buol, Cline, MarKham, MichaisKi, Nicholson. Nays-Duggan, Robbins. Off-Premise Sign Permit Moratorium: City Manager recommending that the existing permit moratorium for off~premise signs be rescinded, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Regular Session, May 7, 2001 147 . An Ordinance Amending Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances by amending Section 3-43(f), to establish a ninety (90) day extension of the existing moratorium 9" the issuance of permits for off.premise signs, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 25-01 AN ORDINANCE AMENDING CHAPTER 3 (ADVERTISING) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 3-43 (f), TO ESTABLISH A NINETY (90) DAY EXTENSION OF THE EXISTING MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE SIGNS. Whereas, Lamar Outdoor Advertising has submitted an application for a text amendment to the Zoning Ordinance regulations pertaining to increasing the minimum spacing of off- premise signs; and Whereas, the Zoning Advisory Commission and the City Council have acled upon this amendment; and Whereas, the issuance of permits for oft- premise signs can now proceed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances is hereby amended by deleting Section 3-43 (f) Moratorium on issuance of permits for off- premise signs. Section 2. This ordinance shall take effect upon publication as required by law. Passed. approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 14th day of May, 2001. Jeanne F. Schneider, City Clerk 1t 5/14 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 Nicholson. Motion carried 7-0. Audit Services: City Manager recommending approval of the appointment of Eide Bailly LLP as the City's auditing firm for the next five years, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. . ITEMS TO BE SET FOR PUBLIC HEARING Flora Pool and Sutton Pool Water Playgrounds: City Manager recommending initiation of the bidding process for the construction of the Flora Pool and Sutton Pool Water Playgrounds and setting a public hearing for June 18, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7.0. RESOLUTION NO. 182-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Sutton Pooi and Flora Pool Water Piaygrounds Construction Project, in the estimated amount of $645,380, are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 7" day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 183-01 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 SUTTON POOL AND FLORA POOL WATER PLAYGROUNDS CONSTRUCTION PROJECT. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 18th day of June, 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 pians 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, approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor 148 Regular Session, May 7, 2001 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION N0. 184-01 ORDERING BIDS BE iT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the SUTTON POOL AND FLORA POOL WATER PLAYGROUNDS CONSTRUCTION PROJECT is hereby ordered to be advertised for bids for construction. BE iT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a 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 four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 5th day of June, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 18'h day of June, 2001. Passed, approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Mlchaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Dubuque Girls' independent Softball League Lease: C'rty Manager recommending that a public hearing be set for May 21, 2001 to consider a lease with the Dubuque Girls' Independent Softball League for part of the Riprow Valley property, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 185-01 FIXING DATE OF HEARING ON LEASE AGREEMENT WHEREAS, the City Council of the City of Dubuque, Iowa is considering entering into a Lease Agreement with the Dubuque Girls' Independent Softbali League for 11.6 acres of the Rip Row Valley Property. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, that on the 21st day of May, 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 entering into the proposed lease, 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, towa, 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 Lease Agreement. Passed, approved and adopted this 7th day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Center Grove Storm Sewer: City Manager recommending initiation of the bidding process for the Center Grove Storm Sewer reconstruction project and setting a. public hearing for June 4, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 186-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Center Grove Storm Sewer Project, in the estimated amount of $96,631.95, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. RESOLUTION NO. 187-01 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 Center Grove Storm Sewer Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4'h day of June, 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 Regular Session, May 7, 2001 149 . 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 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 188-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Center Grove Storm Sewer 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 four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 22"' day of May, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 4'" day of June, 2001. Passed, adopted and approved this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Jackson Street Storm Sewer Reconstruction: City Manager recommending initiation of the bidding process for the Jackson Street Storm Sewer Reconstruction Project and setting a public hearing for June 4, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 189-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Jackson Street Relief Storm Sewer Project, in the estimated amount of $220,085.30, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 190-01 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 Jackson Street Relief Storm Sewer Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of June, 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 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 191-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Jackson Street Relief Storm Sewer 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 150 Regular Session, May 7, 2001 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 four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 22"' day of May, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 4th day of June, 2001. Passed, adopted and approved this 1'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Algona Street Reconstruction Project: City Manager recommending initiation of the bidding process for the Algona Street Reconstruction Project and setting a public hearing for June 4, 2001, presented and read. Michalski moved that the communication be receIved and mad. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 192-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Algona Street Reconstruction Project, in the estimated amount of $741.539.21, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 1'h day of May 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 193-01 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 Algona Street Reconstruction Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 4th day of June, 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 Cierk 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 1'h day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 194-01 RESOLUTION OF NECESSITY Wherees, 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 the ptans, 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 Algona Street Reconstruction 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 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 will be assessed partially or totally against privately owned property lying 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 Street Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of Regular Session, May 7, 2001 151 . 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 orderad placed on file with the City Clerk this 7'h day of May, 2001. Approved and placed on fiie for final action. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk RECORD OF FINAL ADOPTION The foregoing Resolution was finally passed and adopted as proposed by the City Council this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 195-01 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 Aigona Street Reconstruction 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: ThaI on the 4th day of June, 2001, a public hearing will be held at 6:30 o'ciock 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 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 circuiation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first pubiication 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 shall be deemed to have waived all objections thereto. Passed, adopted and approved this 7'h day of May, 2001. . Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 196-01 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 4 inciusive, are hereby determined to be the schedule of proposed assessments for the Algona Street Reconstruction Project and the valuations set out herein are hereby approved. Passed, approved and adopted 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 197-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Algona Street Reconstruction 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 four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 24th day of May, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 4th day of June, 2001. Passed, adopted and approved this 7'h day of May, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Fiscal Year 2001 Second Budget Amendment City Manager recommending that a public hearing be set for May 21, 2001 to consider the Fiscal Year 2001 Second Budget Amendment, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. 152 Regular Session, May 7,2001 RESOLUTION NO.198-01 RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH PROPOSED AMENDMENT TO THE FISCAL YEAR 2001 BUDGET AND DATE OF PUBLIC HEARING ' Whereas, it is proposed that the City of Dubuque amend its Fiscal Year 2001 budget; and Whereas, Section 384.16 of the Code of Iowa stipulates that a public hearing must be held on such a budget amendment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk by and Is hereby authorized and directed to publish notice of public hearing on an amendment to the adopted budget for the City of Dubuque, Iowa. Passed, approved and adopted this 7" day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution setting the Hearing for 5/21/01 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium and direct the City Cierk to publish notice in the manner prescribed by law; Seconded by Nicholson. Motion carried 7-0. Canfield Hotel - Temporary Easement and Intent to Dispose: City Manager recommending that a public hearing be set for May 21, 2001 to consider a temporary easement on the Canfield Hotel site and the disposition of property south of the Canfield Hotel to Robert Klauer, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 199-01 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY TO ROBERT D. KLAUER WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property) trom Plastic Center, Inc.: The West 68 feet 3 inches-North 11 feet 4 inches at Lot 1, the South 39.5 leet 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, City has entered into an Agreement with Robert D. Klauer (Klauer) to acquire an easement to serve the Property, a copy at which Agreement is attached hereto; AND WHEREAS, in consideration for the easement, the Agreement grants to Klauer a right of first refusal to purchase a portion of the Property and City agrees to convey a portion of the property to Klauer; AND WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter into the Agreement with Klauer. 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 an Interest in the foregoing-described real property by Agreement between City and Klauer. 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 an interest in the foregoing- described real property, to be held on the 21. day of May, 2001, at 6:30 p.m. at the publiC library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 1'" day of May, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and set for Public Hearing on 5/21/01 at a meeting to commertce at 6:30 p.m. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. At 7:19 P.M. Buol moved to go into Closed Session re: Property acquisition (Iowa Code Chapter 21-.5(1 l(j). Seconded by Cline. Motion carried 7-0. At 8:00 P.M. Council reconvened Regular Session with statement that Staff had been given proper direction. There being no further business, Michaiski moved that the meeting adjourn. Seconded by Buol. Motion carried 7-0. The meeting adjourned at 8:01 P.M. Isl Jeanne F. Schneider City Clerk 11 5116 Regular Session, May 7, 2001 153 . 2001 2001 Council Members . A ~~) /;1/P:U/~~ 1/ ~Clerk . 154 Regular Session, May 21, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, May 21, 2001 Council Met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Member Buol. 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. The invocation was given by Pastor Jamie Cutler, Rockdale and Center Grove United Methodist Church. CONSENT ITEMS Minutes Submitted: Airport Commission of 4/23; City Council Proceedings of 5/7; Civil Service Commission of 4/24; Environmental Stewardship Advisory Commission of 5/1; Historic Preservation Commission of 5/2; Housing Code Appeals Board of 5/15; Park and Recreation Commission of 4/10; Zoning Advisory Commission of 5/2; Zoning Board of Adjustment of 4/26, presented and read. Michalski moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 6-0. Proof of publication of List of Claims and Summary of Revenues for months ending February 28 and March 31, 2001; Proof of publication of Council Proceedings of April 16, 2001, presented and read. Michalski moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 6-0. Finance Director submitting the financial reports for the month ending April 30, 2001, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. Notice of Claims/Suits: Fieldon Atchison in undetermined amount for property damage; Jonathan Denham in estimated amount of $79.50 for vehicle towing; Dale A. Hirsch in estimated amount of $175.00 for vehicle damage; Kathy Kahle in undetermined amount for property damage; Amber Kallenberger in undetermined amount for personal injury; Jerry Marc in undetermined amount for personal injury; Donald or Linda Root in estimated amount of $532 for property damage; Chris Saylor in estimated amount of $161.67 for personal injury, presented and read. Michalski moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: American International Recovery, Inc. for personal injury; Jerry Maro for vehicie damage, presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 6-0. Corporation Counsel recommending that the claim of David R. Janzig, Sr. for vehicle damage be denied, presented and read. Michalski moved that the communications be received and filed and concurred. Seconded by Nicholson. Motion carried 6-0. Citizen Communication: Communication from Judith C. Bakey-Rahe requesting permission to build a retaining wall on her property at 2570 Green Street, presented and read. Judith Bakey- Rahe spoke concerning the requested retaining wall. Michalski moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 6-0. Civil Service Commission certifying Utility- worker: May 11, 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 Utilityworker was given on April 24, 2001. We hereby certify that the individuals listed on the attached sheet 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. UTllITYWORKER - TEST GIVEN ON APRIL 3,2001 - PASSING SCORE OF 71 (71.0%) Thomas F. Meyer David J. Jensen Garry F. Clauer Leonard E. Learman John T. Hagerty John Evarts Daniel Grutz Ronald J. Breitbach William R. Grimm Kevin Egan Donald W. Wright Doug Oberhoffer Randy J. Vaske Jerome I. Rill Daniei C. Runde Eric H. Oppenheimer Terry J. Arensdorf Duane V. Chapman Duane F. Brown Wayne M. Ries Regular Session, May 21, 2001 155 . Bambi L. Worden Randy C. Vondran Milton J. Koons Roger W. Becker Richard A. Cathman , John L. Weber Brian A. Rickels Patrick T. Casey Alvy E. Kennedy Joseph W. Gaber Richard A. Roling Respectfully submitted, /s/ Loras Kiuesner, Chairperson /s/ Merie Duehr /s/ Richard Wertzberger Civil Service Commission Michalski moved that the above Civil Service certification be made a matter of record. Seconded by Nicholson. Motion carried 6-0. Donald C. Friedman Charles M. White Steven A. Heinz Todd M. Gassman William R. Wolfe Gene Schmitt William J. Kelly Ellen M. Jackson Bruce D. Pregler Peter Kruschke . Collective Bargaining Agreement Between the City of Dubuque and the International Union of Operating Engineers, Local #758: City Manager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #758, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 200-01 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #758 AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, t20he City of Dubuque is a public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Internationai Union of Operating Engineers, Local #758 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the International Union of Operating Engineers, Local #758, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Legislative Issues: Correspondence from the City Manager to area legislators in opposition to proposed property tax limitation legislation (SF 514) and to Govemor Tom Vilsack regarding legisiation that is very detrimental to cities that have used Tax Increment Financing in Urban Renewal areas, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. Joint City/County Planning Committee: Communication from the City/County Planning Committee to the County Board of Supervisors requesting that they name a representative to the Committee, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. 637 - 649 West Eighth Street - Replatting: Zoning Advisory Commission recommending approval of the replatting of three existing lots located at 637 - 649 West Eighth Street into Lots 1 and 2 of Kress Place at the request of Toby Kress, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. RESOLUTION NO. 201-01 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 AND LOT 2 OF KRESS PLACE Whereas, there has been fiied with the City Clerk a plat of survey of Lot 1 and Lot 2 of Kress Place; and Whereas, said plat provides Lot 2 with 4,247 square foot of lot area, where 5,000 square feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said survey piat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said survey plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCiL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 2 to have 4,247 square feet of lot area, where 5,000 square feet is required. 156 Regular Session, May 21, 2001 Section 2. That the plat of survey of Lot 1 and Lot 2 of Kress Place is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final pial. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Asbury Plaza No. 3 - Final Plat: Zoning Advisory Commission recommending approval of the finai plat of Asbury Plaza No. 3 as requested by Rubloff Development Group, Inc., presented and read. Michalski moved that the communication be received and filed. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 202-01 RESOLUTION APPROVING THE FINAL PLAT OF ASBURY PLAZA NO, 3 Whereas, there has been filed with the City Clerk a final plat of Asbury Plaza No.3; and Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage respectively, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Reguiations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage respectively, where 60 feet is required. Section 2. That the final plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final pial. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Development advising that the City of Dubuque has funds remaining in the Community Development Block Grant Program and communication of David Harris, Housing and Community Development Director, in response to communication from HUD, presented and read. Michalski moved that the communications be received and filed. Seconded by Nicholson. Motion carried 6-0. Community Economic Betterment Account _ Cottingham & Butler Insurance: Communication from the Iowa Department of Economic Development advising that they have approved a CEBA Loan for an amount not to exceed $120,000 on behalf of Cottingham and Butler . Insurance Service, Inc., presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. AdoreAble Promotions, Inc.: Communication from Wendy Dore, President of AdoreAble Promotions, Inc., regarding Toughman Contests at Five Flags, presented and read. Michalski moved that the communication be received and fiied and referred to the City Manager. Seconded by Nicholson. Motion carried 6-0. Community Partnership (cp2) Program _ Fiscal Year 2002 Recommendation: City Manager recommending approval of the allocation of Fiscal Year 2002 Community Partnership Program funds to the Boys and Girls Club ($21,890) and Central Alternative High School ($28,110), presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. RESOLUTION NO, 203-01 RESOLUTION AUTHORIZING THE AWARD OF COMMUNITY PARTNERSHIP PROGRAM (cp2) FUNDS FOR FISCAL YEAR 2002. Whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant (CDBG) funds for the development and maintenance of a viable urban community through the provision of decent housing, a suitable living environment and expanded economic opportunities for its residents, partlculariy those persons of low and moderate income; and Whereas, the Community Partnership Program (cp2) was developed in the City of Dubuque in response to the national goals and objectives of the CDBG program; and Whereas, guidelines for the implementation of the Community Partnership Program (cp2) were approved and amended by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby awards Community Partnership Program (cp2) Regular Session, May 21, 2001 157 . monies to the following organizations. The award shall consist of a grant to the organization for the identified project and shall be for the amount noted below: Boys and Girls Club, Educational & Social Program $21,890 Central Alternative High School Wee Care Learning Laboratory $28,110 Section 2. That the City Manager be and he is hereby authorized to develop and execute contracts with rep resentatives from the aforementioned organizations in accordance with the program guidelines established for the Community Partnership Program and with the reguiations of the Community Development Block Grant Program. Section 3. That upon execution of said contracts, the City Manager is hereby authorized and directed to disburse program funds in support of the approved projects and in accordance with the terms and conditions established in said contracts. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. . Community Outreach Partnership Centers Program: City Manager recommending endorsement of an application, sponsored by Loras College, to the U.S. Department of Housing and Urban Development for a community development project in Dubuque, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 204-01 A RESOLUTION ENDORSING AN APPLICA- TION FROM LORAS COLLEGE TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO PARTICIPATE IN THE COMMUNITY OUTREACH PARTNERSHIP CENTERS (COPC) PROGRAM Whereas, the Housing and Community Development Department has been working with Loras College in preparation of an application to HUD for funding under the Community Outreach Partnership Centers (COPC) Program: and Whereas, funds under the COPC Program are available to encourage university-community partnerships in community development activities which improve the quality of life for residents of low- and moderate-income neighborhoods; and Whereas, Lares College has committed to submitting a COPC application in partnership with the City of Dubuque, Clarke College and Northeast Iowa Community College; and Whereas, this appiication is consistent with the current Consolidated Plan for the City of Dubuque. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. The City endorses and supports the application of Loras College to HUD's Community Outreach Partnership Centers Program. Section 2. The City agrees to commit up to $15, 000 in Community Development Block Grant funds as a local match for the Loras application, for purchase and subsidy of a dwelling to be sold to the COPC project for renovation and subsequent resale to an income- qualifying household. This commitment is made dependent on availability of CDBG funds from the Department of Housing and Urban Development, in the City's Fiscal Year 2003 budget. Section 3. The Mayor is authorized to execute a certification of consistency of the COPC application with the current Consolidated Plan for the City of Dubuque. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resoiution. Seconded by Nicholson. Motion carried 6-0. Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center: City Manager recommending approval of the close-out of an Economic Development Initiative (EDI) Special Project grant, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. RESOLUTION NO. 205-01 A RESOLUTION PROVIDING FOR CLOSE- OUT OF THE ECONOMIC DEVELOP-MENT INITIATIVE (EDI) SPECIAL PROJECT GRANT NO. B-99-SP-IA-0085 FOR THE UPPER MISSISSIPPI RIVER NATIONAL WILDLIFE AND FISH REFUGE INTER-PRETIVE CENTER ON BEHALF OF THE DUBUQUE COUNTY HISTORtCAL SOCIETY. Whereas, the U.S. Department of Housing and Urban Development awarded the EDI Special Project Grant No. B-99.SP-tA-0085 for $600,000 to the City of Dubuque for work associated with the development of the Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center; and Whereas, the Dubuque County Historical Society, the sub-grantee for said project, has utilized the grant funds for project design development and has expended the $800,000 as per the sub-grantee contract dated August 16,1999. 158 Regular Session, May 21,2001 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign the Certtlicate of Project,Completion and Grant Closeout Agreement for the Economic Development Initiative (EDI) Special Project Grant No. B-99-SP-IA-085 for the Upper Mississippi River National Wildlife and Fish Refuge Interpretive Center. Section 2. That the Mayor is hereby authorized and directed to execute and submit said closeout Jorms to the U. S. Department of Housing and Urban Development together with such documents as may be required. Passed, approved and adopted this 21" day of May 2001. Terrance M. Duggan, Mayor Attest Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Third and Main Street Parking Lot Acceptance: City Manager recommending acceptance of the Third and Main Street Parking Lot Construction Project in the final contract amount of $89,242.43, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. RESOLUTION NO. 206-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Parking Lot Project at Third and Main Streets 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 contracts, 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 Parking Construction Fund and Street Improvement Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 21" day of May 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 207-01 FINAL ESTIMATE Whereas, the contract for the Parking Lot Project at Third and Main Streets has been completed and the Economic Deveiopment Director has submitted a 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 $89,242.43 and the said amount shall be paid from the Fiscal Year 2001 Parking Construction Fund and Street Improvement Fund. Passed, approved and adopted this 21" day of May 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Fifth Street Ramp Expansion: City Manager recommending that Resolution #168-01 which established the final contract amount ($2,051,600) for the Fifth Street Ramp Expansion be rescinded and that the final contract amount be established at $2,002,960.28, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. RESOLUTION NO. 208-01 FINAL ESTIMATE Whereas, the City hereby rescinds Resolution Number 168-0 t establishing a final estimate for the Fifth Street Ramp Expansion Project in the amount of $2,002,960.28; and Whereas, the contract for the Fifth Street Ramp Expansion Project has been completed and the Economic Development Director has submitted the revised 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 $2,002,960.28 and the said amount shall be paid from the Fiscal Year 2001 Parking Construction Fund. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Regular Session, May 21, 2001 159 . John F. Kennedy Road - Acceptance of Warranty Deeds: City Manager recommending acceptance of warranty deeds for right~of-way purchases on John F. Kennedy Road for the reconstruction pr<lject scheduled for 2001 - 2002, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 209-01 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY (A PART OF LOT 2-3-1 HELEN E. AND MARY H. STEWART SUBDI- VISION) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with the Dubuque Community School District, pursuant to which the Dubuque Community School District agreed to convey a part of Lot 2-3-1 Helen E. and Mary H. Stewart Subdivision, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, the Dubuque Community School District has executed a conveyance of said 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, hereby approves of, accepts and consents to the Warranty Deed from the Dubuque Community School District, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments In connection herewith. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 210-01 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY (LOT 2-1-1-1-1-1-1-1-1- 1-9 NE Yo, SECTION 16, T89N, R2E) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Virginia E. Jahnke, pursuant to which Virginia E. Jahnke agreed to convey a part of Lot 2-1-1-'-1-'-1-1-1-1-9 NE :4, Section 16, T89N, R2E, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Virginia E. Jahnke has executed a conveyance of sald 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, hereby approves of, accepts and consents to the Warranty Deed from Virginia E. Jahnke, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Atlest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 211-01 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY (A PART OF LOT 1 BRUECK SUBDIVISION) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Janann L. Riley, Elaine Mozena, and Lorraine Bonz, pursuant to which Janann L. Riley, Eialne Mozena, and Lorraine Bonz agreed to convey a part of Lot 1 Brueck Subdivision, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Janann L. Riley, Elaine Mozena, and Lorraine Bonz have executed a conveyance of said 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, hereby approves of, accepts and consents to the Warranty Deed from Janann L. Riley, Elaine Mozena, and Lorraine Bonz, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowiedge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Atlest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 212-01 A RESOLUTION ACCEPTING A CONVEY- ANCE OF PROPERTY (A PART OF LOT 1-2-9 NE :4 SECTION 16) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Regular Session, May 21, 2001 161 . Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved 'lnd adopted this 21" day of May, 2001. . Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Catfish Creek Lift Station Pump Replacement Project: City Manager recommending acceptance of the Catfish Creek Lift Station Pump Replacement Project in the final contract amount of $344,445.96, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 216-01 ACCEPTING IMPROVEMENT Whereas, the contract for the Catfish Creek Lift Station Pump Replacement Project has been completed and the City's consultant, I.I.W. Engineers and Surveyors, P.C. of Dubuque, Iowa has recommended acceptance of the project. 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 accepted. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 217-01 FINAL ESTIMATE Whereas, the contract for the Catfish Creek Lift Station Pump Replacement Project has been completed and the City has submitted the final estimate showing the cost thereof. 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 $344,445.96. Section 2. That the final payment of $17,222.30 be paid to Portzen Construction Inc. in accordance with State statues from funds in the Water Pollution Control Department FY 2001 CIP Budget. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Riprow Valley Restoration Project - LWCF Grant Agreement: City Manager recommending approval of a Land and Water Conservation Fund (LWCF) grant agreement with the Iowa Department of Natural Resources for the Riprow Valley Restoration Project, presented and read. Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. West End Commercial Subdivision - Final Plat: City Manager recommending approval of a final plat for the West End Commercial Subdivision, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6. O. RESOLUTION NO. 218-01 A RESOLUTION APPROVtNG THE FINAL PLAT OF WEST END COMMERCIAL SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of West End Commercial Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final piat appears a street to be known as Menard Court (Lot A) together with certain public utility and sewer easements and storm water detention facility (Lot B) which the owners by said final plat have dedicated to the public forever; and Whereas, said plat provides 0 feet of frontage for Lot B, where 60 feet is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, the final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed, except for sanitary sewer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Menard Court (Lot A), storm water detention facility (Lot B) and existing sanitary sewer together with the easements for public utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted; and Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot B to have 0 feet of frontage, where 60 feet of frontage is required. 162 Regular Session, May 21, 2001 Section 3. The City of Dubuque Stann Water Detention Policy is waived to allow Lot B to be dedicated to the City with more than 50% of the subdivision held by the same entity, where less than 50% ownership by the 'same entity is required for dedication of a storm water detention facility in a non-residential subdivision. Section 4. That Lot 7 shall be designated as a non-buildable lot due to its location within the 1 OO-year flood plain. Section 5. That the plat of West End Commercial Subdivision is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Menard Court (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in conformance with construction improvement pians approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction Improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility on Lot B in a manner acceplabie 10 the City Engineer in accordance with the improvement pians and City of Dubuque Standard Specifications approved by the City and inspected by the City Engineer. (d) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (e) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner; And, further provided that said Tschiggfrie Excavating Company, as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. ~.____,__ __'.'.'_m_"_____~,..._,._~..~,~..' - Section 6. Sidewalk installation shall be the responsibility of the owner abutting the pUblic rights-of-way, including lots with multiple frontages, as required by City Code 41-161 through 41.164. The responsibility shall extend to all successors, heirs and assignees. Sidewaik installation will not be required until the development of the lot has been completed, except as required herein. 1)1 sparsely developed subdivisions, sidewalks on developed lots will not be required until 50% of the lots approved by the plat have been developed. All vacant buildable lots shall have sidewalks installed upon development of 80% of the lots approved by the plat. Section 7. The undersigned owner hereby agrees to continue to own and maintain the storm water detention facility on Lot B until: (1) it has been fully completed; (2) 80% of the platted lots have been fully developed; and (3) adequate erosion control measures, as approved by the City, have been installed in the remaining 20% of the lots. Section 8. Upon the City's acceptance of the detention facility, the undersigned owner hereby agrees that periodic inspection, administrative and maintenance expenses incurred by the City of Dubuque for the stonn water detention facility (Lot B) shall be assessed against Lots 1 through 6 and Lots 8 through 13 in proportion to the acreage of each lot as a percentage of the acreage in the subdivision. Lot 7 shall be exempted from this assessment because the elevation of this lot is such that it will not drain into the storm water detention facility on Lot B and lies entirely within the 100-year flood plain, thereby making it an unbuildable lot. Such costs will be dependent upon the condition of the facility. The City Manager shall certify such costs to the City Clerk, who in tum shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as generai property taxes in accordance with provisions of taw. Section 9. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Section 10. That in the event Tschiggfrie Excavating Company fails to execute the acceptance and furnish the guarantees provided in Section 5 hereof within 180 days after the date of this Resolution. the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 21 st day of May, 2001. Regular Session, May 21, 2001 163 . Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk ACCEPTANCE OF RESOLUTiON NO. 218-01 I, the undersigned, Edward D. Tschiggfrie, representing Tschiggfrie Excavating Company. having read the terms and conditions of the Resolution No. 218-01 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 23rd day of May, 2001 By: Isl Edward D. Tschiggfrie Tschiggfrie E.cavating Company Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Adams Company Structural Repairs: City Manager recommending approval of a building permit application for repairs to the roof system of the Adams Company, which is located in the Fourth Street Peninsula Redevelopment Overlay District, presented and read, Michalski moved that the communication be received and filed and approved recommendation. Seconded by Nicholson. Motion carried 6-0. . Authorized Depository Institutions: City Manager recommending an increase in the maximum balances invested with a financial institution from $10,000,000 to $15,000,000 for Firstar Bank, Dupaco Community Credit Union, Premier Bank, East Dubuque Savings Bank. and Liberty Bank, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6- O. . RESOLUTION NO. 219-01 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a financial institution as a depository shall be by written resoiution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository: and Whereas, This procedure is required jf a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all appiicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respective financial institution as set out below. Deoositorv Name Location of Home Office Maximum Balance American Trust & Savings Bank Dubuque, iowa $40,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $40,000,000 Firstar Bank N.A. Miiwaukee, Wisconsin $15,000,000 Dupaco Community Credit Union Dubuque, Iowa $15,000,000 Premier Bank Dubuque, Iowa $15,000,000 East Dubuque Savings Bank East Dubuque, lIiinois $15,000,000 Liberty Bank Des Moines, Iowa $15,000,000 Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Business Licenses: RESOLUTION NO. 220-01 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 saie of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 39 RENEWALS 5 Point Mart 5 Point Mart 405 Rhomberg Ave 16th St Auto Truck Plaza Mulgrew Oil 1215 E 16th St Asbury Amoco Mulgrew Oil 3300 Asbury Rd B'z Dart inn Bernice M. Bauer 431 Rhomberg Ave Beecher Co Beecher Co. inc' 1691 Asbury Rd Bodines Jeff Demmer 1445 Central Ave Casey's General Store Monday Co 4003 Peru Rd Casey's General Store Angei Investment Co 2699 Rockdaie Rd Cedar Cross Amoco LB Metcaif Inc 1200 Cedar Cross Dempsey's - Molly's Pub & Grub Clifford Enterprise 395 W 9th St 164 Regular Session, May 21, 2001 Clubhouse Melvin Spiegel halter 2364 Washington Cue Master Limited Marvin Rapp 900 Central Ave Denny's Lux Club , Beverly A. Larsen 3050 Asbury Rd Dubuque Inn corp. Dubuque Inn Corp 3434 Dodge St Dubuque Racing Assoc Dubuque Greyhound Park/Casino 1855 Greyhound ParK Eagles Food Center # 320 Eagles Food Center Inc. 2050 JFK Rd. Eagles Food Center #130 Eagles Food Center Inc. 1800 Elm St Eagles Food Center #018 Eagles Food Center Inc. 300 S. Main St Family Mart Inc. Family Mart Inc 3201 Central Ave Hartig Drug # 4 Hartig Drug Co Inc 2225 Central Ave Hartig Drub # 3 Hartig Drug Co Inc 2255 JFK Rd Hartig Drug # 2 Hartig Drug Co Inc 157 Locust St Instant Replay Pamela Arensdorf 1602 Central Ave Lares Amoco Foodshop Mulgrew Oil Co 1450 Loras Blvd Oky Doky # 1 TFM Co 250 W 1st St Oky Doky # 2 TFM Co 51 W 32nd St Oky Doky # 6 TFM Co 1256 Iowa St Oky Doky # 8 Hill St Plaza Inc 535 Hill St Oky Doky # 15 Ronald Meloy 1101 Rhomberg Ave Oky Doky # 21 Oky Doky # 21 2010 Kerper Blvd McCann's lOCO McCann's Service Inc. 690 W Locust St Plaza 20 AMOCO A & T LLC 2600 Dodge St Rons Discount Smokes/Bev. RKM LLC 1701 JFK Rd Tobacco Outlet Plus # 504 Kwik Trip Inc. 806 Wacker Dr Tobacco Outlet Plus # 564 Kwik Trip Inc 66 W 32nd St Tobacco World IA Potato & Produce House 2600 Dodge St Walgreens #00377 Walgreens Co 555 JFK Rd Walgreens #06154 Walgreens Co 2260 JFK Rd Wal-Mart # 2004 Wal-Mart 4200 Dodge St Passed, approved and adopted this 21 st day at May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Cheslerman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nichoison. Motion carried 6-0. RESOLUTION NO. 221-01 Whereas, applications for Liquor Licenses have been submitted Ie this Council for approval and the same have been e.amined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found 10 comply with the State Laws and all City Ordinances reievanl 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/LIQUOR LICENSE Duke's Place Inc. Duke's Place + (Sunday Saie) 2600 Dodge St Bernice M. Bauer B'z Dart Inn + (Sunday Sale) 431 Rhomberg Ave. M M and H Corp Silver Dollar Cantina + (Sunday Sale) 342 Main St Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. PUBLIC HEARINGS Michalski moved that the rules be suspended to allow anyone present to speak. Seconded by Nicholson. Motion carried 6-0. Residential Parking Permit District - Amy Circle: Proof Df publication on notice of hearing on establishment of Residential Parking Permit District on Amy Court from Ma~orie Circle to the northerly end and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 6-0. Marilyn Mulligan of Amy Court spoke approvingly of the Parking Permit District but voiced some concerns of the neighbors as to enforcement during specific time frames. An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa by modifying Subsection (a) of Section 32-397 thereof providing for the designation of Amy Court from Marjorie Circle 10 the northerly end as a Residential Parking Permit District, presented and read. Regular Session, May 21, 2001 165 . OFFICIAL PUBLICATION ORDINANCE NO. 26-01 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY MODIFYING SUBSECTION (a) OF SECTION 32-397 THEREOF PROVIDING FOR THE DESIGNATION OF AMY COURT FROM MARJORIE CIRCLE TO THE NORTHERLY END AS A RESIDENTIAL PARKING PERMIT DISTRICT Whereas, Sections 32-381 through 32-393 of the Code of Ordinances of the City of Dubuque, Iowa, empowers the City Council to establish a Residential Parking Permit District upon receipt of a valid petition and the finding of certain conditions; and Whereas, a valid petition has been received to declare an area described as follows as a Residential Parking Permit District. Amy Court, from Marjorie Circle to the northerly end; and Whereas, the City Manager has caused a parking study of the above identified area to be conducted, and which study has established that the area meets the criteria as established in Section 32.383 of the Code of Ordinances of the City of Dubuque, Iowa; 1. At least 80 percent (80%) of the curbside parking spaces in the proposed Parking Permit District were utilized during peak periods; and 2. At least 25 percent (25%) of the curbside parking spaces in the proposed Parking Permit District were utilized by nonresident parkers; and Whereas, the City Manager, based upon the petition and the results of the parking study, recommends to the City Council that the area be designated as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m. daiiy, except Saturdays, Sundays, and holidays; and Whereas the City Council, pursuant to public notice on May 11, 2001, in the City of Dubuque Telegraph Herald, a newspaper of general circulation, met in session on the 21s1 of May, 2001, at 6:30 p.m. at the Carnegie Stout Public Library for the purpose of hearing all interested persons and representatives of organizations and to consider any and all objections wh,ch have been filed to the proposed designation of the above area as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m., daily except Saturdays, Sundays, and holidays; and Whereas, all interested parties have been given an opportunity to be heard and all objections have been duly considered. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a petition containing the required number of signatures and meeting the intent and purpose of Section 32-381 through 32-393 of the Code of Ordinances of the City of . . Dubuque, Iowa, has been received by the City of Dubuque. Section 2. That any and all objections to the designation of the area as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m. daily, except Saturdays, Sundays, and holidays be and same are overruled. Section 3. That the recommendation of the City Manager based upon the petition and the parking study to designate the area as a Residential Parking Permit District during the hours of 7 a.m. to 3 p.m. daily, except Saturdays, Sundays, and holidays, is hereby approved and accepted. Section 4. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by deleting from Subsection (a) of Section 32-397 as follows: "Sec. 32-397. Residential Parkino Permit District "D". a) The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit District "D": Lucy Drive, from Pennsylvania Avenue to Welu Drive Section 5. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding to Subsection (a) of Section 32-397 as follows: The following described area constitutes a Residential Parking Permit District designated as Residential Parking Permit District "D": Lucy Drive, from Pennsylvania Avenue to Welu Drive Amy Court, from Marjorie Circle to the Northerly End Section 6. That the City Clerk is hereby directed to mail to every dwelling unit within the designated district the documents prescribed by Section 32-385 of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Teiegraph Herald newspaper this 1" day of August, 2001. Karen M. Chesterman, Deputy City Clerk 1t 8/1 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 Robbins. Motion carried 6-0. 1145 Locust Street - Request to Rezone: Proof of publication on notice of hearing to consider rezoning property located at 1145 Locust Street from OR Office Residential District to OC Office Commercial District, presented and read. Robbins moved that the proof be received and 166 Regular Session, May 21, 2001 filed. Seconded by Nicholson. Motion carried 6- O. Greg Stover of the former Eglehof Casper Funeral Home spoke of the requested rezoning, stating that at most they would serve food to 50 people and that they have their own parking lot. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 1145 locust Street from OR Office High Density Multi-Family Residential to OC Office Commercial District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 27-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIB- ED PROPERTY LOCATED AT 1145 LOCUST STREET FROM OR OFFICE HIGH DENSITY MULTI-FAMILY RESIDENTIAL TO OC OFFICE COMMERCIAL 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 OR Office High Density Multi-Family Residential District to OC Office Commercial District, to wit: N50' - S y, City lot 661, S 7.7' - NY, - City Lot 661, and to the centerline 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 affect immediately upon publication, as provided by law. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Heraid newspaper this 28'h day of May, 2001. Karen M. Chesterman, Deputy City Clerk 1\ 5/28 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 Nicholson. Motion carried 6-0. 4100 Asbury Road - Request to Rezone: P roof of publication on notice of hearing to consider rezoning property located at 4100 Asbury Road from AG Agricultural District, R-3 Multi-Family Residential District and C-2 Neighborhood Commercial District to R-2 Two- Family Residential District, R-3 Multi-Family Residential District and C-2 Neighborhood Commercial District, presented and read. Robbins moved that the proof be received and filed. Seconded by Nicholson. Motion carried 6- O. Marty McNamer, 1199 Hunters Ridge, spoke of the specifics of the proposed rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 4100 Asbury Road from C-2 Neighborhood Shopping Center District to R-2 Two-Family Residential District, from R-3 Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center District and from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 28-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIB- ED PROPERTY LOCATED AT 4100 ASBURY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R-2 TWO- FAMILY RESIDENTIAL DISTRICT, FROM R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT AND FROM AG AGRICULTURAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL 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 C-2 Neighborhood Shopping Center District to R-2 Two-Family Residential District, from R-3 Moderate Density Multi-Family Residential district to C-2 Neighborhood Shopping Center District and from AG Agricultural District to R-3 Moderate Density Multi-Family Residential District as shown in Exhibit A, and to the center line of the adjoining publiC right-at-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Regular Session, May 21, 2001 167 . Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 28'h day of May, 2001. Karen M. Chesterman, Deputy City Clerk 1t 5/28 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 Nicholson. Motion carried 6-0. . Dubuque Girls' Independent Softball League: Proof of publication on notice of hearing to consider entering into a Lease Agreement with the Dubuque Girls' independent Softball League for 11.6 acres of the Rip Row Valley Property and City Manager recommending approval, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 6-0. . RESOLUTION NO. 222-01 RESOLUTION APPROVING LEASE OF RIP ROW VALLEY TO THE DUBUQUE GIRLS' INDEPENDENT SOFTBALL LEAGUE WHEREAS, published notice of date, time, and place of a public hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa, on the l1'h day of May, 2001, the City Councii of the City of Dubuque, Iowa, met on the 21" day of May, 2001, at 6:30 p.m., in the Public Library Auditorium, Eleventh and Locust Streets, Dubuque, iowa, to consider the lease of certain real property as set forth in the Lease Agreement between the City of Dubuque and the Dubuque Girls' Independent Softball League, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the lease agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between the City of Dubuque and the Dubuque Girls' Independent Softball League, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Markham moved adoption of the Resolution. Seconded by Michalski. Motion carried 6-0. Canfield Hotel - Temporary Easement and Intent to Dispose: Proof of publication on notice of hearing to consider disposing of real property to Robert D. Klauer and City Manager recommending approval, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 223-01 DISPOSING OF AN INTEREST IN REAL PROPERTY TO ROBERT D. KLAUER WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property): 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 baiance 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, City has entered into an Agreement with Robert D. Klauer (Klauer) to acquire an easement to serve the Property, a copy of which Agreement is attached hereto; AND WHEREAS, in consideration for the easement, the Agreement grants to Klauer a right of first refusal to purchase a portion of the Property and City agrees to convey a portion of the property to Klauer; AND WHEREAS, on May 21, 2001, the City Council pursuant to notice published as required by law, held a public hearing on its intent to dispose of an interest in the foregoing 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 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 approves the Agreement attached hereto and the Mayor is hereby authorized and directed to sign this resolution and the Agreement. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. 168 Regular Session, May 21, 2001 Fiscal Year 2001 Second Budget Amendment: Proof of publication on notice of hearing to consider the Fiscai Year 2001 Second Budget Amendment and City Manager recommending approval, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 6- O. CITY BUDGET AMENDMENT AND CERTIFICATION RESOL.UTION To the Aliditor of DUBUQUE County, Iowa The City CounCil of DUBUQUE in said County/Counties melon May 21 2001 ,ill the place and hour set In the notice, a copy of which accompanil!$lhis certificate and is certified as to publication. Upon laking up the prOpelled amendment. it was considered and taxpayers were heard for and against lheamendmllnt The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave finll conllideration to the propsed amendmel'ltl5) to the blJdget and modifications pro posed at the hearing,if;;my. lhereupon, the following resolution was introduced. RESOLUTION No. 224-01 A RESDL.UnON AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2001 'AS AMENDED LAST ON October 16.2001) ae it Resolved by the Council of the City of nl IRlla! IF= Section 1, Following notice publishl!d Hav 9. 2001 and the public nearing held, Mav 21 2001 the currenlbudget (as previously amended) is amended as set OIJl herein and in the delail by fund type and activity that supports this resolution which was considered at Ihll hearing: R""enuu & Other FinancinG Soure. r.. _ p , , . TIFR 'u -".", -, . R ExDMldIblr-. & OthM Flnancmg U- ,- ,~ b_R.............OtlIerSourc..0..... -, , Passedll'lis 21st 1{;;/lU( !'2t- ~i~'~' ueputy City ClerK Cline moved adoption' of the Resolution. Seconded by Nicholson. Motion carried 6-0. Total Budget IS certified Tolll Budget after Current Current ," ,--~~;JWijiJi}1:'. j;/~4:i~' ..$::'li:;ti{'i~i : 14798092 0 o 0 14.798092 o 4 5 6 7 8 9 10 11 12 13 o 1185392 8654438 735704 13955549 36602824 18448441 742929 7014883 1954 13 , o o 24 27 daycf ~ 2001 ~ ~ 'il<-u / . / M.;o, 2001 Curb Ramp Installation - CDBG Project: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager Regular Session, May 21, 2001 169 . recommending award of the contract for the 2001 Curb Ramp Installation Project to Perry Construction in the amount of $31,026, presented and read. Robbins moved that the proof and communic~tion be received and filed. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 225-01 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 11'h day of April, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the 2001 Curb Ramp Installation - CDBG 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, adopted and approved this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. . RESOLUTION NO. 226-01 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2001 Curb Ramp Installation - CDBG Project pursuant to Resolution No. 161-01 and notice to bidders published in a newspaper eublished in the City of Dubuque, Iowa on the 20 h day of April, 2001. Whereas, said sealed proposals were opened and read on the 3'" day of May, 2001, and it has been determined that the bid of Perry Construction of Dubuque, Iowa, in the amount of $31,026.00 was the lowest bid for the furnishings of ali labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Perry Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractors bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Robbins moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. Markham moved that the ruies be reinstated limiting discussion to the Council. Seconded by Cline. Motion carried 6-0. ACTiON ITEMS Affordable Housing Tax Credit Program Applications from Star Development and Community Housing initiative: City Manager requesting policy direction on providing financial assistance to new construction affordable housing projects, Star Development, LLC requesting that the City support their Affordable Housing Tax Credit Program Application to the Iowa Finance Authority with a local contributing effort of approximately $42,000, and Community Housing Initiative requesting that the City support their Affordable Housing Tax Credit Program Application to the Iowa Finance Authority with a local contributing effort of $26,000, presented and read. Resolutions were provided if City Council wished to consider them: RESOLUTION of Support for the development of an affordabie housing project to be known as Raven Oaks Senior Apartments (Star Development); RESOLUTION of Local contributing effort for the development of an affordable housing project to be known as Raven Oaks Senior Apartments (Star Development); RESOLUTION of Support for the development of an affordable housing project to be known as River Oaks Apartments (Community Housing initiatives); RESOLUTION of Local contributing effort for the development of an affordable housing project to be known as River Oaks Senior Apartments (Community Housing Initiatives), presented and read. Cline moved that the communications be received and fiied and adoption of the Resolutions. Seconded by Nicholson. NO VOTE TAKEN ON THIS MOTION. MOTION FAILED. Perry Heranda of Star Development, 6735 Vista Green Way, Rockford IL spoke of their proposed housing development. Sam Erickson of Community Housing of Spencer, iA spoke of their proposed housing development near Medical Associates West. Discussion ensued as to the specifics of the necessary local contributions. Michalski moved to table this matter. Seconded by Nicholson. Motion carried 6-0. Starlight Drive and Lake Ridge Drive - Site Plan: Zoning Advisory Commission advising of their approval of the site plan for a new medical 170 Regular Session, May 21, 2001 office building on the southeast corner of Starlight Drive and Lake Ridge Drive in Hansel's Planned Commerciai District, presented and read. Markham moved that the communication be received and filed, Seconded by MichalskI. Motion carried 6-0. Correction to Ordinance Rescinding Off- Premise Sign Moratorium: City Manager recommending adoption of a revised ordinance rescinding the permit moratorium. This is due to a typographical error in the ordinance adopted by Council on May 7, 2001, presented and read, Robbins moved that the proof be received and filed. Seconded by Nicholson. Motion carried 6- o An Ordinance Amending Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances by amending Section 3-43(f), to rescind the existing moratorium on the issuance of permits for off-premise signs, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 29-01 AN ORDINANCE AMENDING CHAPTER 3 (ADVERTISING) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 3-43 (f), TO RESCIND THE EXISTING MORATORIUM ON THE ISSUANCE OF PERMITS FOR OFF-PREMISE SIGNS. Whereas, due to City Council action on the application by Lamar Outdoor Advertising for a text amendment to the Zoning Ordinance regulations pertaining to increasing the minimum spacing of off-premise signs, there is no longer any need for the moratorium on the issuance of permits for off-premise signs; and Whereas, the issuance of permits for off- premise signs can now proceed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 3 (Advertising) of the City of Dubuque Code of Ordinances is hereby amended by deleting Section 3-43 (f) Moratorium on issuance of permits for off- premise signs. Section 2. This ordinance shall take effect upon publication as required by law. Passed, approved and adopted this 21 st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 28'h day of May, 2001. Karen M. Chesterman, Deputy City Clerk 1t 5/28 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 Nicholson. Motion carried 6-0. Senior High School Residential Parking Permit District - Repeal Two-Hour Parking Zone: City Manager recommending that the two-hour parking zone within the Senior High School Residential Parking Permit District be repeaied, presented and read. Markham moved that the communication be received and filed. Seconded by Cline. Motion carried 6-0. An Ordinance Amending Section 32-362(c) of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by deleting certain portions of Grandview Avenue and Rosedale Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 30-01 AN ORDINANCE AMENDING SECTION 32- 362(0) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, PROVIDING FOR TWO-HOUR PARKING BY DELETING CERTAIN PORTIONS OF GRANDVIEW AVENUE AND ROSEDALE 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 Grandview Avenue and Rosedale Street from Subsection (c) of Section 32-262 thereof as foliows: "Sec. 32-262. Prohibited on desionated streets or Dortions thereof." (c) Time zones designated. Two Hour Time Zones Grandview Avenue, North, south side, from Avoca Street to the south property line ot 1961 North Grandview Avenue. Rosedale Street, south side, from Avoca Street to the aHey east of St. Ambrose Street. Section 2. This ordinance shaH become effective as of August 1, 2001. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 28'h day of May, 2001. Karen M. Chesterman, Deputy City Clerk 11 5/28 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 Regular Session, May 21, 2001 171 . consideration and passage of the Ordinance, as amended to be effective August 1 ". Seconded by Cline. Motion carried 6-0. Construction Ordinance Bluff Street Benches: City Manager recommending approval of the placement of benches in the public right- of-way at the request of the Biuff Street Neighborhood Association, presented and read. Robbins moved that the communication be received and flied. Seconded by Michalski. Motion carried 6-0. An Ordinance Authorizing the Biuff Street Neighborhood Association to piace benches in the public right-of-way aiong Bluff Street and Fourth Street, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 31-01 AN ORDINANCE AUTHORIZING THE BLUFF STREET NEIGHBORHOOD ASSOCIATION TO PLACE BENCHES IN THE PUBLIC RIGHT-OF- WAY ALONG BLUFF STREET AND 4TH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA; Section 1. That the Biuff Street Neighborhood Association is hereby granted the revocable permit and authority to construct and maintain benches 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 reguiations, 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 Iiabliity for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said benches; 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 Scheduie; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shail become obligated to 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 benches 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 benches and to pay reasonable attomey fees therefor; and d. Indemnify, defend and hoid the City of Dubuque free and harmiess from any and all claims, ioss, liability and expense for death and/or 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 shouid 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 benches and in the event of their faliure to do so, the City of Dubuque shall be authorized to remove said benches at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said benches. Section 5. That permittees covenant and agree that the revocabie 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 ciaim 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 Bluff Street Neighborhood Association when this Ordinance has been adopted by the City Council and the 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 fiie 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 accompiished 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 21" day of May, 2001. Terrance M. Duggan, Mayor 172 Regular Session, May 21, 2001 Attest: Karen M. Chesterman, Deputy City Clerk ACCEPTANCE OF ORDINANCE NO. 31-01 The undersigned having read and being familiar with the temns and conditions of Ordinance No. 31-01, 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 perfomned by permittees. By: Isl Ken Kringle Title: President Dated: May 9, 2001 Published officiaily in the Telegraph Herald newspaper this 28'h day of May, 2001. Karen M. Chestemnan, Deputy City Clerk 11 5/28 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 Michalski. Motion carried 6-0. Municipal Parking Lot #1: City Manager recommending that Municipal Parking Lot #1, located at Ninth and Iowa, be converted from an all-metered lot to a metered and reserved parking lot, presented and read. Markham moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-314 Establishing Meters - Time and Fee Schedule for Municipal Lots by adding a new Paragraph 7 Establishing the Meter Time and Fee Schedule for Municipal Lot #1, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 32-01 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 32-314 ESTABLfSHfNG METERS - TIME AND FEE SCHEDULE FOR MUNICIPAL LOTS BY ADDING A NEW PARAGRAPH 7 ESTABLISHING THE METER TIME AND FEE SCHEDULE FOR MUNICIPAL LOT #1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. Section 32-314 of the City of Dubuque Code of Ordinances is amended by adding the following: (7) On Parking Lot No.1, reserved parking tor each space for the thirty (30) parking spaces for which parking meters have not been installed shall be rented through a lease agreement approved by City Council. Reserved parking for non-metered spaces shall be between the hours of six o'clock (6:00 A.M. and six o'clock (6:00) P.M. daily, excluding Saturdays, Sundays and holidays at a monthly rate of twenty-five dollars ($25.00), payable each month. Section 2. This ordinance shall take effect June 1, 2001. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Published officially in the Telegraph Herald newspaper this 28th day of May, 2001. Karen M. Chesterman, Deputy City Clerk 11 5/28 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 tinally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 6-0. COUNCIL MEMBER REPORTS Mayor Duggan, Council Members Markham and Michalski all spoke of the frustrations with the erroneous public report that Dubuque has not prioritized a new bridge and the SW Arterial. ITEMS TO BE SET FOR PUBLIC HEARING Traffic Signal Efficiency Program: City Manager recommending initiation of the bidding process for the Traffic Signal Efficiency Program and that a public hearing be set tor June 18, 2001, presented and read. Michaiski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 227-01 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, fomn of contract and estimated cost for the Traffic Signal Efficiency Program, in the estimated amount of $365,000.00, are hereby approved and ordered filed in the office of the City Clerk tor public inspection. Passed, approved and adopted this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. RESOLUTION NO. 228-01 FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS Regular Session, May 21, 2001 173 . 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'Cieri< for pubiic inspection of the Traffic Signal Efficiency Program. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 18th day of June. 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. approved and adopted this 21" day of May, 2001. Terrance M. Duggan. Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. . . RESOLUTfON NO. 229-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE. iOWA: That the Traffic Signal Efficiancy Program 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 four days nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 6th day of June, 2001. Bids shall be opened and read by the City Clerk at said time and will be submitted to the Council for final action at 6:30 p.m. on the 18'h day of June, 2001. Passed, adopted and approved this 21" day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 6-0. At 7:59 P.M. Michalski moved to go into Closed Session re: Properly Acquisition and Pending Litigation (Iowa Code Chapter 21- .5(1 )O)(c). Seconded by Nicholson. Motion carried 6-0. At 8:45 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, Cline moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:46 P.M. Is! Karen M. Chesterman Deputy City Clerk 11 6/1 2001 AZ ~ {2J fV/A-t/M./'.d~Yf../ . ~Cierk