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2001 November Council Proceedings Special Session, November 5, 2001 357 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, Monday, November 5, 2001 At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library. At 5:37 P.M. Council convened for the Special Session in the Public Library Auditorium. Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nichoison, Robbins, City Manager Michael Van Milligen, Corporation Counsel Banry Lindahl. Mayor Duggan read the call and stated this is the special session of the City Council called for the purpose of receiving an update on the design of the Education and Conference Center. Jim Swords, Project Engineer of HOK Venue, spoke giving a report on the Education and Conference Center on the Fourth Street Peninsula. . There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 6:14 P.M. /s/ Jeanne F. Schneider City Clerk . , Approve' a.,::Z4--7 ,;?-/ MO"~~/ .?7 / 2002 2002 ~ J:2) . W~.-{//~~ V . Clerk 358 Regular Session, November 5, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Regular Session, November 5, 2001 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Banry Lindahl. Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Woody Allabough, Pastor, Third Presbyterian Church. Proclamations: Hospice Month (November, 2001) received by Caroie Carroll, and Youth Appreciation Month (November, 2001) received by Morning Optimists' President Jane Smith, Noon Optimists' President Lonnie Fawver and Evening Optimists' Secrrreas. Carl McCarthy. CONSENT ITEMS Minutes Submitted: Airport Commission of 10/22; Cable Community Teleprogramming Commission of 10/2; City Council of 10/15; Community Development Advisory Commission of 9/20 and 10/11; Five Flags Commission of 10/15; Historic Preservation Commission of 10/18; Housing Code Appeals Board of 10/16 (Amended); Investment Oversight Advisory Commission of 10/24; Library Board of 8/23; Plumbing Board of 10/23; Transit Board of 5/10; Zoning Advisory Commission of 10/3, presented and read. Buol moved that the minutes be received and filed. Seconded by Markham. Motion carried 7-0. Printed Council Proceedings for August and September, 2001, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Markham. Motion carried 7-0. Proof of Publication of City Council Proceedings of 1011 and 10/8, presented and read. Buol moved that the proofs be received and filed. Seconded by Markham. Motion carried 7-0. Finance Director submitting the Financial Reports for the month ending September 30, --,.-._"._-->.-" ........"...-..-..". 2001 and Investment Oversight Commission submitting their 34th quarterly report, presented and read. Buol moved that the communications be received and filed. Seconded by Markham. Motion carried 7-0. Dubuque Area Chamber of Commerce Convention and Visitors Bureau Quarterly Report for period of July through October, 2001, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Sandra L. Ansel in estimated amount of $360 for personal injury; Rhonda A. Carbone in estimated amount of $1,844 plus rental expense for vehicie damage; Corey Lorenz in estimated amount of $86 for vehicle damage; Nancy L. Welu in undetermined amount for property damage, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Markham. Motion carried 7- O. 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: Sandra L. Ansel for personal injury; Rhonda Carbone for vehicle damage; State Farm Insurance for vehicle damage, presented and read, Buol moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending settlement of the claim of Kevin Felderman for property damage and that the Finance Director be directed to issue payment, presented and read. Buoi moved that the communications be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending denial of the claims of Mat! Bay for vehicle damage; Bev Hodgson for vehicle damage, and Karen Ludovissy for vehicle damage, presented and read. Buol moved that the communicati.ons be received and filed and concurred. Seconded by Markham. Motion carried 7-0. Corporation Counsel recommending that the claim of Nancy Welu be administratively ciosed and referred to Horsfieid Construction, presented and read. Buoi moved that the communications be received and fiied and concurred. Seconded by Markham. Motion carried 7-0. Congress Court - Request to Purchase: Request from James and Gregory Kalb to Regular Session, November 5, 2001 359 . purchase the entirety Qf CQngress CQurt right-Qf- way from its westerly mQst pQint easterly tQ Kennedy RQad rig ht-Qf-way , presented and read. Buol moved that the communication be received and filed and referred to the City Manager. SecQnded by Markham. MQtiQn carried 7-0. Quarterly Investment Report: City Manager transmit!ing the September 30, 2001 Quarterly Investment RepQrt, presented and read. BUQI mQved that the cQmmunication be received and filed. SecQnded by Markham. MQtiQn carried 7-0. Five Flags Civic Center CQmmissiQn: Communication from Steve Sesterhenn requesting apprQval Qf his resignatiQn from the Five Flags Civic Center CQmmissiQn, presented and read. Buo! moved that the communication be received and filed. SecQnded by Markham. MQtiQn carried 7-0. Dubuque Industrial Center West SecQnd Addition Final Plat: City Manager recQmmending approval Qf the final plat Qf Dubuque Industrial Center West SecQnd AdditiQn, presented and read. BUQI mQved that the communication be received and filed. SecQnded by Markham. MotiQn carried 7-0. . RESOLUTION NO. 465-01 A RESOLUTION APPROVING THE FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat Qf Dubuque Industrial Center West 2nd AdditiQn in the City Qf Dubuque; and Whereas, UPQn said final plat appears, streets tQ be known as Chavanelle Drive (LQt A) and the westerly half Qf Seippel RQad (LQt B), tQgether with certain public utility and sanitary sewer and storm sewer easements which the owners by said final plat have dedicated tQ the publiC forever; and Whereas, said final plat has been reviewed by the City Planner and had her apprQval endQrsed thereon; and Whereas, said finai plat has been examined by the City CQuncii and they find that it cQnforms tQ the statutes and Qrdinances relating tQ it, except that no streets or public utilities have yet been CQnstructed Qr installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: SectiQn 1. That the dedicatiQn Qf Chavanelle RQad (LQt A) and the westerly half Qf Seippel Road (LQt B) tQgether with easements fQr pubiic utilities, sanitary sewer, storm sewer and water mains as they appear upon said final plat, be and the same are hereby accepted, and . SectiQn 2. That the final plat Qf Dubuque Industrial Center West 2nd AdditiQn Is hereby approved and the MaYQr and City Clerk are hereby authorized and directed tQ endQrse the apprQval Qf the City Qf Dubuque, IQwa, uPQn said final plat. SectiQn 3. Sidewaik installation shall be the resPQnsibility of the Qwner Qf the prQperty abut!ing the public rights-Qf-way, including IQts with multiple frontages, as required by City CQde 41-161 through 41-164. The resPQnsibility shall extend tQ all successors, heirs and assignees. Sidewalk installatiQn will nQt be required until the develQpment of the lot has been cQmpleted except as required herein. Sidewalks shall be five (5) feet in width and installed Qne (1) fQQt from the property line. All vacant lots shall have sidewalks installed UPQn develQpment Qf 80% Qf the develQpable lots apprQved by the final plat. SectiQn 4. That the final acceptance Qf ail public improvements shall occur upon certificatiQn Qf the City Engineer that all public improvements have been completed in aCCQrdance with the improvement plans and City standards specificatlQns. Passed, approved and adQpted this 5th day Qf NQvember, 2001. Terrance M. Duggan, MaYQr At!est: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTiON NO. 465-01 I, the undersigned, Terrance M. Duggan, MaYQr, City Qf Dubuque, having read the terms and cQnditiQns Qf the ResQlutiQn NQ. 465-01 and being familiar with the cQnditions thereQf, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, IQwa this 5th day Qf November, 2001. By: Terrance M. Duggan, MaYQr BUQI mQved adQptiQn Qf the ResQlutiQn. SecQnded by Markham. MQtiQn carried 7-0. CQnsultant SelectiQn fQr Financial AdviSQry Services: City Manager recQmmending approval Qf EvensQn DQdge, Inc. as the Financial AdvisQr fQr the City Qf Dubuque, presented and read. Nicholson moved that the communication be received and filed. SecQnded by Michalski. Motion carried 7-0. Nicholson recommended that a letter Qf appreciatiQn be sent from the MaYQr tQ the past Financial AdvisQr - Speer Financial. CQllective Bargaining Agreement - Dubuque Police Protective Association: City Manager recommending approval of a collective bargaining agreement between the City Qf Dubuque and the Dubuque PQlice Protective Association, presented and read. Buol moved that the communication be received and filed. SecQnded by Markham. MQtiQn carried 7-0. 360 Regular Session, November 5, 2001 RESOLUTION NO. 466-01 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCIATION 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, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association 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 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Penalties for Tobacco Permit Holders: City Manager recommending that a hearing be set for November 19, 2001 to consider assessing appropriate civil penalties for underage tobacco sales, presented and read. Buol moved to receive and file the communication and set hearing for 11/19/01 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium. Seconded by Markham. Motion carrled 7-0. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Four Mounds Estate Historic District, the Town Clock Building, and the Dubuque Young Men's Christian Association Building have been accepted for nomination to the National Register of Historic Places, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors regarding design of the Law Enforcement Center expansion project, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Julien Dubuque Nature Trail - REAP Grant Agreement City Manager recommending approval of a Resource Enhancement and Protection (REAP) Grant Agreement from the Iowa Department of Natural Resources for the Julien Dubuque Nature Trail, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. 2000 PC Paving Project No. 1 (College, Parkway, Douglas and Langworthy): City Manager recommending approval of the revised final assessments for the 2000 PC Paving Project No. 1 (College, Parkway, Douglas and Langworthy) and directing the City Clerk to publish notice of the assessments, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 467-01 A RESOLUTION ADOPTING THE REVISED FINAL ASSESSMENT SCHEDULE FOR THE 2000 P.C. CONCRETE PAVING PROJECT - NO.1 INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESS- MENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 405-01 adopting the final assessment schedule for the 2000 P.C. Concrete Paving Project - NO.1 be rescinded. That after full consideration of the revised final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the 2000 P.C. Concrete Paving Project - No. 1 under contract with Horsfield Construction, Inc. of Epworth, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 14th day of September, 2001, the said revised 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 revised final schedule of assessments as deficiencies are found to be proper and levied Regular Session, November 5, 2001 361 . conditionally against the respective properties benefited by the improvements as shown in the schedule, subject to the provisions 01 Section 384.63 of the Code of Iowa. Said assessments against said iots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer 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 final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (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 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk COllege Area Fifth to Langworthy Newberry & Hales Sub. OWNER LOT DESCRIPTION PARCEL NO. PAVING ASSESSMENT DEFICIENCY WATER SERVICE ASSESSMENT TOTAL NET ASSESSMENT Canganelli, Michael D. 1384 W. 5th Newberry & Hales Sub. 2-1-1810-26-277-001 $0.00 $1.70053 $0.00 $1,700.53 Laird, Wayne L 725 Roberts Newberry & Hales Sub. 1-1-18 10-26-277-002 $0.00 $816.03 $0.00 $816.03 Averkamp, Bradley J & Catherine F 6230 N. Main East Dubuque, IL 61025 Newberry & Hales Sub. 2-1810-26-277-002 $0,00 $625.10 $0.00 $625.10 Zugenbueler, Charles A & Mildred 1350 W. 5th Newberry & Hales Sub. 1710-26-277-004 $0.00 $814.93 $0.00 $814.93 . . McGovern, Thomas C 1340 W. 5th Newberry & Hales Sub. 16 10-26-277-005 $0.00 $367.61 $0.00 $367.61 Guinta, John J, Amy S & Doloris A 478 College Newberry & Hales Sub. 2-19 10-26-277- 008 $0.00 $2,481.22 $598.84 $3,080.06 Guinta, John J, Amy S & Doloris A 478 College Newberry & Hales Sub. 1-19 10-26-277- 008 $0,00 w/2-19 Garrity, Darren M & McCabe, Susan E 388 College Newberry & Hales Sub. 20 10-26-277- 009 $0.00 $1,498.37 $598.84 $2,097.21 Kourpias, Costi 384 College Newberry & Hales Sub. N1/2-21 10-26-277-010 $286.59 $1,468.79 $616.66 $1,798.86 Kourpias. Costi 384 College Newberry & Hales Sub. S1/2-21 10-26-277-010 $0.00 w/21N Kourpias, Costi 384 College Newberry & Hales Sub. 22 10-26-277-011 $0.00 $1,433.45 $0.00 $1,433.45 Hayes, Donald J & Margaret M 380 College Newberry & Hales Sub. 23 10-26-277-012 $0.00 $1,441.67 $598.84 $2,040.51 Min. Lot 159 Uptegraph, Richard A & Sandra M 17528 Gondola Dr. Min, Lot 159 1-2-2-2-1-7 10-26- 277-013 $0.00 $1,217.60 $545.38 $1,762.98 Janzen, Robert Laverne & Debra Mai 316 College Min, Lot 159 2-2-2-2-1-7 10-26-277-014 $0.00 $1,290.19 $563.20 $1,853.39 O'Nellls Sub. No.2 Mard, Gerald F & Jamel R 10358 Timothy Dubuque, IA 52003 O'Neills Sub. No.2 23 10-26- 277-023 $0.00 $1 ,81 0.38 $0.00 $1,810.38 Manemann, Maleta C Etal 1489 W. 3rd O'Neills Sub. NO.2 24 10-26-277-024 $0,00 $135.05 $0.00 $135.05 Mc Dermott, William J 735 Brookview Square Dubuque, IA 52003 O'Neills Sub. NO.218 10-26- 281-002 $0.00 $735.22 $0.00 $735.22 Mcelmeel, Michelle 1486 W. 3rd O'Neills Sub. No.2 19 10-26-281-001 $0.00 $2,080.74 $0.00 $2,080.74 Hill, Julia 280 College O'Neills Sub. No.2 20 10-26-281-005 $0.00 $2,200.17 $616.66 $2,816.83 Hill, Julia 280 College O'Neills Sub. NO.2 PI. N.6.5' Vac. Alley Abutting Lot 2010-26-281-005 $0.00 w/Lot20 Theresa Sub. Kohlmann, J Conrad & Patricia A 210 College Theresa Sub. 210-26-281-008 $0.00 $1,341.69 $652.30 $1.993.99 Kohlmann, J Conrad & Patricia A 210 College Theresa Sub. 1 10-26-281-009 $0.00 $1,500.84 $0.00 $1,500.84 College Sub. Alexander, Terence A 1510 W. 3rd College Sub. 1 10-26-280-006 $0.00 $2,688.03 $0.00 $2,688.03 362 Regular Session, November 5, 2001 Radloff, David F & Jaxine M 1520 W.3rd College Sub. 2 10-26-280-005 $0.00 $1,183.36 $0.00 $1,183.36 Radloff, David F & Jaxine M 1520 W.3rd College Sub. 3 10-26-280-005 $0.00 w/Lot2 Finley Home Add. City of Dubuque 50 W.13th Finley Home Add. 21 10-26-276-006 $0.00 $2,603.59 $0.00 $2,603.59 City of Dubuque 50 W.13th Finley Home Add. 2210-26-276-006 $0.00 $874.00 $0.00 $874.00 City of Dubuque 50 W.13th Finley Home Add. 23 10-26-276-006 $0.00 $465.45 $0.00 $465.45 City of Dubuque 50 W.13th Finley Home Add. 2410-26-276-006 $0.00 $220.55 $0.00 $220.55 City of Dubuque 50 W.13th Finley Home Add. 2510-26-276-006 $0.00 $132.50 $0.00 $132.50 City of Dubuque 50 W.13th Finley Home Add. 32C 10-26-276-006 $0.00 $34.26 $0.00 $34.26 Ramp Place Finley Hospital 350 North Grandview Ramp Place PI. 2-Lot 1 10-26-255-012 $0.00 $742.35 $0.00 $742.35 Finley Home Add. Finley Hospital 350 North Grandview Finley Home Add. 1-1-1 10-26-255-011 $0.00 w/Pt2-Lotl Finley Hospital 350 North Grandview Finley Home Add. 18 10-26-276-002 $0.00 $1,103.04 $0.00 $1,103.04 Finley Hospital 350 North Grandview Finley Home Add. 19 10-26-276-003 $0.00 wi 18 Finley Hospital 350 North Grandview Finley Home Add. 1-2-20 10-26-276-005 $0.00 $1,938.82 $0.00 $1,938.82 Finley Hospital 350 North Grandview Finley Home Add. 2-2-2010-26-276-005 $0.00 w/1-2-20 Finley Hospital 350 North Grandview Finley Home Add. 1-20 10-26-276-004 $0.00 $1,014.99 $0.00 $1,014.99 Minard's Sub. Finley Hospital 350 North Grandview Minard's Sub.110-26-234-009 $0.00 $1,768.19 $0.00 $1,768.19 Finley Hospital 350 North Grandview Minard's Sub. 210-26-234-010 $0.00 $1,221.10 $0.00 $1,221.10 Finley Home Add. Finley Hospital 350 N. Grandview Finley Home Add. 7 10-26-234-005 $0.00 $1,553.71 $0.00 $1,553.71 Willman, Raymond F & Phyllis A 495 College Finley Home Add. 8 10-26-234-006 $0.00 $1,553.71 $923.45 $2,477.16 Finley Hospital 350 N. Grandview Finley Home Add. 9 10-26-234-007 $0.00 $1,646.29 $0.00 $1,646.29 Finley Hospital 350 N. Grandview Finley Home Add. Finley 10-26-234-008 $0.00 $1,742.33 $0.00 $1,742.33 Finley Hospital 350 N. Grandview Finley Home Add. A-10&11 10-26-234-008 $0.00 $107.59 $0.00 $107.59 Finley Hospital 350 N. Grandview Finley Home Add. 2A 10-26-234-017 $0.00 $2,054.61 $0.00 $2,054.61 Finley Hospital 350 N. Grandview Finley Home Add. 1-16 10-26-234-016 $0.00 $425.53 $0.00 $425.53 Finley Hospital 350 N. Grandview Finley Home Add. 2-17 10-26-234-016 $0.00 w/1-16 . Finley Hospital 350 N. Grandview Finley Home Add. 15 10-26-234-015 $0.00 $376.27 $0.00 $376.27 Finley Hospital 350 N. Grandview Finley Home Add. SE2/3-14 10-26-234-014 $0.00 $167.89 $0.00 $167.89 Finley Hospital 350 N. Grandview Finley Home Add. NW1/3-1410-26-234-013 $0.00 W/SE1/3-13 Finley Hospital 350 N. Grandvlew Finley Home Add. SE1/3-13 10-26-234-013 $0.00 $129.39 $0.00 $129.39 Finley Hospital 350 N. Grandview Finley Home Add. NW2/3-1310-26-234-012 $0.00 $103.91 $0.00 $103.91 Finley Hospital 350 N. Grandview Finley Home Add. 1210-26-234-011 $0.00 $125.14 $0.00 $125.14 ParkwayiWalsh Area College Sub. Sanders, Willard & Joyce 1485 Langworthy College Sub. 7 10-26-280-001 $0.00 $3,041.67 $652.30 $3,693.97 Sanders, Willard & Joyce 1485 Langworthy College Sub. 2-6 10-26-280-001 $0.00 w/7 Marolf, Gregg W & Michelle A 1586 W. 3rd SI. College Sub. 1-6 10-26-280-002 $0.00 $496.63 $0.00 $496.63 Ruff, Neal A & Rose 1574 W. 3rd SI. College Sub. 5 10-26-280-003 $0.00 $405.96 $0.00 $405.96 Leblanc, Gregory J 2181 Orchard Dr. College Sub. 4 10-26-280-004 $0.00 $253.93 $0.00 $253.93 Sunnyside Pearce, Douglas C & Lois K 1560 Douglas Sunnyside 15 10-26-285-013 $0.00 $1,277.04 $0.00 $1,277.04 Pechous, Annette M 1535 Parkway SI. Sunnyside 1-14 10-26-285-014 $0.00 $1,092.69 $0.00 $1,092.69 Nelson, Gregory & Conlon, Sarah 1525 Parkway SI. Sunnyside 2-14 10-26-285-015 $0.00 $2,074.71 $0.00 $2,074.71 Nelson, Gregory & Conlon, Sarah 1525 Parkway SI. Sunnyside 13 10-26-285-015 $0.00 w/2-14 Nelson, Gregory & Conlon, Sarah 1525 Parkway SI. Sunnyside W1/2-12 10-26-285-015 $0.00 w/2-14,13 Regular Session, November 5, 2001 363 . Pearce, Douglas C & Lois K 1560 Douglas Sunnyside 1-16 10-26-285-002 $0.00 $1,172.40 $0.00 $1,172.40 Kahle, Kathy 1505 Parkway Sunnyside E1/2- 1210-26-285-016 $0.00 $1,959.67 $652.30 $2,611.97 Kahle, Kathy 1505 Parkway Sunnyside 11 10- 26-285-016 $0.00 w/E1/2-12 Kahie, Kathy 1505 Parkway Sunnyside 1/4 owner @ 2-6 10-26-285-008 $30.84 $92.79 $0.00 $61.95 Huff, James W & Sue S 1475 Parkway Sunnyside 10 10-26-285-017 $0.00 $1,541.11 $0.00 $1,541.11 Huff, James W & Sue S 1475 Parkway Sunnyside 1/4 owner @ 2-6 10-26-285-008 $30.84 $92.79 $0.00 $61.95 Mullins, Scott J 1465 Parkway Sunnyside 9 10-26-285-018 $0.00 $1 ,675.33 $0.00 $1,675.33 Mullins, Scott J 1465 Parkway Sunnyside 1/4 owner@ 2-6 10-26-285-008 $30.84 $92.79 $0.00 $61.95 Uthe, Daniel J 1435 Parkway St. Sunnyside 8 10-26-285-019 $0.00 $1,533.98 $0.00 $1,533.98 Baumann, Brooks C. 1460 Parkway Sunnyside 2710-26-287-013 $0.00 $1,849.55 $777.04 $2,626.59 Gratiot, Helen Trustee of Helen Gratiot Trust 1440 Parkway St. Sunnyside 28 10-26-287-014 $0.00 $1,906.80 $794.86 $2,701.66 Normington, Gregory 1430 Parkway Sunnyside 29 10-26-287-015 $0.00 $1,527.41 $830.50 $2,357.91 Normington, Gregory 1430 Parkway Sunnyside 1-2-39 10-26-287-015 $0.00 w/lot29 Windschitt, Patrick & Jolyn 1420 Parkway Sunnyside 30 10-26-287-016 $0.00 $1,506.87 $0.00 $1,506.87 Windschitt, Patrick & Jolyn 1420 Parkway Sunnyside 2-2-39 10-26-287-016 $0.00 $37.80 $0.00 $37.80 Prochaska, James F & Lois E 1410 Parkway Sunnyside 31 10-26-287-017 $0.00 $1,641.36 $0.00 $1,641.36 Gratiot, Helen Trustee of Helen Gratiot Trust 1440 Parkway Sunnyside 1-39 10-26-287-014 $0.00 w/lot 28 Gratiot, Helen Trustee of Helen Gratiot Trust 1440 Parkway Sunnyside NE1/2-40 10-26-287- 014 $0.00 w/lot 28 & 1-39 Ott, Gertrude M Trust A c/o Roger A Ott Sr 300 Fremont Ave. Dubuque, IA 52003 Sunnyside SW1/2-40 10-26-287-013 $0.00 w/lot27 Sunnyside M.L. 158 Ott, Gertrude M Trust A c/o Roger A Ott Sr 300 Fremont Dubuque, IA 52003 Sunnyside 1-1- 1-510-26-287-013 $0.00 w/lot 27 & SW1/2-40 McDonald Home Place . . Johnson, Gregory G & Rebecca A 1480 Parkway McDonald Home Place 1 10-26-287- 011 $0.00 $4,342.82 $0.00 $4,342.82 Skinner, Karen J 1500Parkway McDonald Home Place 1-25 10-26-287-007 $0.00 $2,056.09 $777.04 $2,833.13 Spensley, Michael A & Judith L 1534 Parkway McDonald Home Place 2410-26-287-006 $0.00 $1,756.69 $777.04 $2,533.73 Henry, Arnold J 1536 Parkway St. McDonald Home Place 23 10-26-287-005 $0.00 $1,340.32 $759.22 $2,099.54 Mc Donell, Kevin J & Bennet Mc Donnel, Jill M 1540 Parkway McDonald Home Place 22 10-26- 287-004 $0.00 $1,402.50 $0.00 $1,402.50 Sunnyside Smith, Lois 11546 Parkway Sunnyside 21 10- 26-287-003 $0.00 $1,477.28 $830.50 $2,307.78 SChoofs, Catherine A 1550 Parkway Sunnyside 20 10-26-287-002 $0.00 $1,325.80 $777.04 $2,102.84 Waterman, Thomas C & Diane E 1552 Parkway Sunnyside 2-19 10-26-287-001 $0.00 $1,490.70 $866.14 $2,356.84 Boxleiter's Sub. of 1-C. Boxleiter's Waterman, Thomas C & Diane E 1552 Parkway Boxleite~s Sub. of 1-C. Boxleite~s 2-4 10-26-287-001 $0.00 w/2-19 Parkway Place Kartman, Louis E & Romona J 1554 Parkway Parkway Place 1 10-26-257-022 $0.00 $2,213.87 $0.00 $2,213.87 Jaeger, James Eugene 1558 Parkway Parkway Place 2 10-26-257-021 $0.00 $1,862.70 $0.00 $1,862.70 Mulgrew's Sub. Ronek, Alvin E & Nancy G Hoerner-Ronek 1570 Parkway Mulgrew's Sub. 1 10-26-257-016 $0.00 $1,327.99 $0.00 $1,327.99 Tegler, Linda K 1566 Parkway Mulgrew's Sub. 210-26-257-017 $0.00 $1,413.73 $0.00 $1,413.73 Recker, Brian E & Simon, Abagail M 1564 Parkway Mulgrew's Sub. 310-26-257-018 $0.00 $1,481.67 $741.40 $2,223.07 Richter, David A & Victoria J 1562 Parkway Mulgrew's Sub. 4 10-26-257-019 $0.00 $1,540.01 $0.00 $1,540.01 Richter, David A & Victoria J 1562 Parkway Mulgrew's Sub. 5 10-26-257-020 $0.00 $1,575.90 $0.00 $1,575.90 Mink's Sub Spahn, Jeffery D P.O. Box 149 Dubuque, IA 52004-0149 Mink's Sub E1/2-1-1 10-26-257-012 $0.00 $105.19 $0.00 $105.19 Foster, John T & Zondra R 1670 W. 3rd Mink's Sub 2-1 10-26-257-013 $0.00 $393.91 $0.00 $393.91 Frey, Patricia C 1690 W. 3rd Mink's Sub 2-2 10-26-257-015 $0.00 $373.09 $0.00 $373.09 Frey, Patricia C 1690 W. 3rd Mink's Sub 2-2-1- 310-26-257-015 $0.00 w/2-2 364 Regular Session, November 5, 2001 Langworthy area Sunnyside Walsh, Kevin J 1414 Langworthy Sunnyside 3210-26-287-018 $0.00 $2,117.99 $0.00 $2,117.99 Bassier, Eugene P & Genevieve F 139 N Booth Sunnyside 33 10-26-287-019 $0.00 $617.15 $0.00 $617.15 Brown, Yvonne 127 N Booth Sunnyside 34 10- 26-287-020 $0.00 $430.34 $0.00 $430.34 Albert, Gregory K & Debra J 115 N Booth Sunnyside 35 10-26-287-021 $0.00 $190.38 mm 1~~ Belken, Scott J. 113 N Booth Sunnyside 36 10-26-287-022 $0.00 $109.02 $0.00 $109.02 Paraoiso, Philip 0 & Susan A 111 N Booth Sunnyside 37 10-26-287-023 $0.00 $82.73 $0.00 $82.73 O'Neill's Sub. Kubesheski, John T & Lenore 229 N Booth O'Neill's Sub. S.58-1 10-26-282-015 $0.00 $2,142.10 $0.00 $2,142.10 Gheer, Rick & Debora 231 N Booth O'Neill's Sub. N.2-1 10-26-282-014 $0.00 w/S.38-2 Gheer, Rick & Debora 231 N Booth O'Neill's Sub. S.38-2 10-26-282-014 $0.00 $574.42 $0.00 $574.42 Palmer, Glenna F CaNT. Reding, Christopher N & Cindy 243 N Booth O'Neill's Sub. N.22-2 10- 26-282-013 $0.00 $228.18 $0.00 $228.18 O'Neills's Sub. 2 Palmer, Glenna F CaNT. Reding, Christopher N & Cindy 243 N Booth O'Neills's Sub. 2 S.18-8 10-26-282-013 $0.00 $137.51 $0.00 $137.51 Slattery, Roger T 251 N Booth O'Neills's Sub. 2 N.40-8 10-26-282-012 $0.00 $185.17 $0.00 $185.17 O'Neill's Sub. Lorenz, Mathias K AKA. Lorenz, Mathias Kiebel 1483 Langworthy O'Neill's Sub. W.30-3 10-26-282-007 $0.00 $1,177.88 $616.66 $1,794.54 Lorenz, Mathias K A.KA Lorenz, Mathias Kiebel 1483 Langworthy O'Neill's Sub. E.10-4 10-26-262-007 $0.00 wNl.30-3 Sanders, Willard N & Joyce H 1485 Langworthy O'Neill's Sub. W.40-4 10-26-282- 006 $0.00 $1,413.46 $652.30 $2,065.76 Sanders, Willard N & Joyce H 1485 Langworthy O'Neill's Sub. 2-5 10-26-262-006 $0.00 wNl.40-4 Kelly, Michael P & Linda L 1469 Langworthy O'Neill's Sub. 1-5 10-26-281-011 $0.00 $1,236.78 $0.00 $1,236.78 Diamandakis, Michael E & Constantina A.KA Dena 590 Bradley O'Neill's Sub. 6 10-26-281- 010 $0.00 $1,509.61 $563.20 $2,072.81 Diamandakis, Michael E & Constantina AKA. Dena 590 Bradley O'Neill's Sub. S. Bal,Vac. Alley Abutting Lot 6 of O'Neill's Sub. 10-26-281- 010 $0.00 w/Lot 6 Conlin, Michaels S 1415 Parkway O'Neill's Sub. 7 10-26-285-020 $0.00 $1,982.68 $794.86 $2,777.54 Douglas St. Area College Sub. Vaughn, Ronald J 1561 Parkway St. College Sub. 1-Sub of 8,9,10,11&12 10-26-280-007 $0.00 $2,462.59 $0.00 $2,462.59 Vaughn, Ronald J 1561 Parkway St. College Sub. W.2'-2-Sub of 6,9,10,11&12 10-26-280-007 $0.00 w/007 Decker, Raymond E & Edith R 1593 Douglas College Sub. E.41.5'-2-Sub of 8,9,10,11&11&12 10-26-280-008 $0.00 $1,333.20 $0.00 $1,333.20 Decker, Raymond E & Edith R 1593 Douglas College Sub. W,3.5'-3-Sub of 8,9,10,11&1210- 26-260-006 $0.00 w-008 Myhre, Pamela K 1585 Douglas College Sub. E. 40'-3-Sub of 8,9,10,11&12 10-26-280-009 $0.00 $1,158.98 $741.40 $1,900.38 Hickson, Patrick T & Kathy A 1575 Douglas College Sub. 4-Sub of 8,9,10,11&12 10-26-280- 010 $0.00 $1,260.33 $630.50 $2,090.63 Bradley, Gregory E 1569 Douglas College Sub. 5-Sub of 6,9,10,11&12 10-26-260-011 $0.00 $1 ,260.33 $612.66 $2,073.01 Dawson, John F & Cathy A 1557 College College Sub. 6-Sub of 8,9,10,11&1210-26-280- 012 $0.00 $1,260.33 $0.00 $1,260.33 Heller, Harriet R 1543 College College Sub. 7- Sub of 6,9,10,11&12 10-26-280-013 $0.00 $1,537.27 $812.68 $2,349.95 Heller, Harriet R 1543 College College Sub. 7A-Sub of 8,9,10,11&1210-26-280-013 $0.00 w/013 Norman, Edith S 1525 Douglas College Sub. 1310-26-280-015 $0.00 $1,671.77 $759.22 $2,430.99 Norman, Edith S 1525 Douglas College Sub. 2-1410-26-280-015 $0.00 w/15 Norman, Wayne A & Edith S 1525 Douglas College Sub. 1-14 10-26-280-016 $0.00 $3,900.70 $0.00 $3,900.70 Norman, Wayne A & Edith S 1525 Douglas College Sub. 15 10-26-280-016 $0.00 w/1-14 Sunnyside Pearce, Douglas C & Lois K 1560 Douglas Sunnyside 1 10-26-285-003 $0.00 $1,302.79 $0.00 $1,302.79 Pearce, Douglas C & Lois K 1560 Douglas Sunnyside 2-16 10-26-285-003 $0.00 $645.64 $0.00 $645.64 Pearce, Douglas C & ~ois K 1560 Douglas Sunnyside 2-610-26-285-003 $0.00 w/2-16 Clemens, Mark P & Laurie L 1550 Douglas Sunnyside 2 10-26-285-004 $0.00 $1,369.63 $581.02 1,950.65 Recker, Sharon 1540 Douglas Sunnyside 3 10-26-285-005 $0.00 $1,369.63 $0.00 $1,369.63 Uthe, Cheryl R 1530 Douglas Sunnyside 1- 4&1-510-26-285-006 $0.00 $1,407.71 $768.13 $2,175.84 Regular Session, November 5, 2001 365 . Wright, Nancy Lee Ruth 1510 Douglas Sunnyside 2-4&1-5 10-26-285-007 $0.00 $1,956.10 $0.00 $1,956.10 Blok, Robert W.Jr. 175 College Sunnyside 2-5 10-26-285-008 $0.00 $1 ,926.79 $741040 $2,668.19 Blok, Robert W.Jr. 175 College Sunnyside 1-6 10-26-285-008 $0.00 w/2-5 Blok, Robert W.Jr. 175 College Sunnyside 1/4 owner @ 2-6 10-26-285-008 $30.84 $92.79 $0.00 $61.95 Link, Kenneth J & Mueller, Sandra L 1547 Parkway SI. Sunnyside 1-17 10-26-285-001 $0.00 $3,166.58 $0.00 $3,166.58 Link, Kenneth J & Mueller, Sandra L 1547 Parkway Sunnyside 18 10-26-285-001 $0.00 w/1-17 Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. . Contribution lor Dubuque County Fire Tow Vehicle. City Manager recommending approval of a request from the Dubuque County Firefighters Association for a $5,000 contribution for the purchase 01 a new vehicle for towing the Life Salety Trailer and the SCBA Training Trailer, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Supplement No. 52 to the Code 01 Ordinances: City Manager recommending adoption of Supplement No. 52 to the City 01 Dubuque Code of Ordinances, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. . RESOLUTION NO. 468-01 ADOPTING SUPPLEMENT NO. 52 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date 01 July 17, 1989, the City Council" pursuant to Ordinance No. 34-89, readopted the Code of Ordinances 01 the City of Dubuque, Iowa lor ordinances adopted up to and inciuding December 19, 1988; and Whereas, since December 19, 1988 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas. Section 380.8 01 the Code of Ordinances provides that supplements by resolution, become part of the Code 01 Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 52 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances through Ordinance No. 55-01 enacted through September 4, 2001 and prepared by the Sterling COdifiers, Inc, Coeur D'Alene, 10 hereto filed in the Office 01 the City Clerk of the City 01 Dubuque, Iowa be and is hereby adopted and becomes part of the Code 01 Ordinances of the City 01 Dubuque, Iowa. Passed, approved and adopted this 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Parking Agreement with MOl Limited Partnership #47: City Manager recommending approval 01 a parking agreement between the City of Dubuque and MOl Limited Partnership #4 7 to provide parking for residents of Cornerstone Place, presented and read. Nicholson moved that the communication be received and liled and approved recommendation. Seconded by Robbins Motion carried 7-0. Dubuque Racing Association: City Manager recommending approvai of the Dubuque Racing Association's Capital Improvement Program for 2002, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Markham. Motion carried 7-0. Civil Service Commission: October 2, 2001 Honorable Mayor and Members 01 the City Council In accordance with Chapter 400 of the 2001 Code of Iowa, an examination for the position of Foreman was given on June 27, 2001. We hereby certify that the following individuals be added to the previously certified list lor this position. FOREMAN Kevin Grace Mike Horslall Respectfully submitted, 1st Loras Kluesner, Chairperson Isl Merle Duehr Isl Richard Wertzberger Civil Service Commission Buol moved that the communication be received and filed and made a matter of record. Seconded by Markham. Motion carried 7-0. Third and Main Parking Lot Construction Project Acceptance: City Manager recommending acceptance of the Parking Lot at Third and Main Street Construction Project in 366 Regular Session, November 5, 2001 the final contract amount of $89,242.43, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 469-01 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 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 470-01 FINAL ESTIMATE Whereas, the contract for the Parking Lot Project at Third and Main Streets has been completed and the Economic Development Director has submitted a final estimate showing the cost thereof including. the cost of estimates, notices and inspection and ali miscelianeous 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 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Business Licenses: RESOLUTION NO. 471-01 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of this City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS "C" BEER PERMIT Malo Oil Company Big 10 Mart Car Wash+(Sunday Sale) 1875 JFK Rd Passed, approved and adopted this 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 472-01 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License CLASS C BEER/LIQUOR LICENSE Carlos O'Kelly's Inc Carlos O'Kelly's Mexican Cafe+(Sunday Sale) 1355 Associates Dr Sun's Corp Yen Ching Restaurant 926 Main St Raysan Corp Bridge Restaurant+ (Sunday Sale) 31 Locust St New Beginnings, Inc. The New King of Clubs + (Sunday Sale) 1902 Central Ave Passed, approved and adopted this 5'h day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. BOARDS/COMMISSiONS Interviews for the following Board/Commission: Civic Center Commission: (One unexpired term ending 6/29/04 - Term of Sesterhenn) Regular Session, November 5, 2001 367 . Applicants: Susan M. Balsamo, Mark M. Nauman, Bryce Parks, Katie Peterson. Ms. Balsamo withdrew her appiication. Mr. Nauman, Mr. Parks, and Ms. Peterson spoke requesting consideration for appointment. Appointments to the following Boards / Commissions: TV Cable Regulatory Commission (One term to expire 6/30104 - Term of Pratt)) Applicant: Michael Pratt. Michalski moved that Mr. Pratt be reappointed to the three year term expiring 6/30/04. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Tara Winger: Verbal request of Tara Winger to address the City Council regarding discrimination. Ms. Winger was not in attendance. . Port of Dubuque - Consultant Selection for Project Manager Services: City Manager recommending approval of The Durrant Group to provide project management services for the public improvements at the Port of Dubuque, presented and read. Markham moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. . RESOLUTION NO. 473-01 A RESOLUTION APPROVING THE SELECTION OF A CONSULTANT TO PROVIDE PROJECT MANAGER SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPROPRIATE CONTRACT FOR SAID SERVICES. Whereas, the City of Dubuque, Iowa has made a commitment to the America's River Project to design and construct public improvements at the Port of Dubuque; and Whereas, a Request for Proposals solicited consultant services to provide project manager services for the public improvements at the Port of Dubuque; and Whereas, The Durrant Group is recommended to provide the project manager services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the selection of The Durrant Group as the consultant to provide project manager services for the public improvements at the Port of Dubuque for the City of DUbuque is hereby approved. Section 2. That the City Manager is hereby authorized to execute, on behalf of the City Councii of the City of Dubuque, Iowa, a contract with The Durrant Group for consultant services not to exceed $822,856.00. Passed, approved and adopted this 5th day of November 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Legislative Priorities for 2002 Legislative Session: City Manager submitting the City's legislative positions for the 2002 Legislative Session, presented and read. Markham moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. Michalski stated the City needs to obtain supporl from the Iowa League of Cities for Hwy 20 improvements. COUNCIL MEMBER REPORTS Nicholson stated everyone should vote on Tuesday. Cline commended Darlene O'Neill and Judy Schmidt of Hempstead High School on their being finalists for the Evelyn Yaeger Award from the University of Iowa for their great amount of work with diversity at Hempstead High. Michalski commended the Hempstead High School Political Science classes for their interest and work on the Mayor and Council candidates' forum with the League of Women Voters. ITEMS TO BE SET FOR PUBLIC HEARING Alliant Energy (Interstate Power Company) Expansion: City Manager recommending that a pubiic hearing be set for November 19, 2001 for sale of 16.67 acres in Dubuque Industrial Center West to Alliant Energy, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 474-01 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY INSTALLMENT CONTRACT TO INTERSTATE POWER COMPANY. WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property), as shown on Exhibit A attached hereto consisting of 16.67 acres, more or less; and WHEREAS, City and Interstate Power Company have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is on file at the Office of the City Clerk, City Hall, 50 W. 13'h Street, Dubuque, Iowa pursuant to which City will convey the Property to Interstate Power Company; and WHEREAS, the City Council has tentatively determined that it would be in the best interests 368 Regular Session, November 5, 2001 of the City to approve the Development Agreement, including conveyance of the Property to Interstate Power Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Installment Contract to Interstate Power Company. 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 City's intent to dispose of the foregoing-described Property, to be held on the 19th day of November, 2001, at 6:30 p.m. at the Carnegie- Stout Public Library Auditorium, 360 W. 11'h Street, Dubuque, Iowa. Passed, approved and adopted this 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and further moved that this be set for Public Hearing on 11/19/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Finley Hospital - Vacating Request: City Manager recommending that a public hearing be set for November 19, 2001 to consider a vacating request from The Finley Hospital for a portion of an alley west of College Street, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 475-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY WEST OF COLLEGE STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated October 26, 2001, prepared by IIW Engineers & Surveyors, PC describing the proposed vacated alley west of College Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 26, 2001, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque Coun!l(, Iowa. Passed, approved and adopted this 5 h day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. An Ordinance Vacating the alley west of COllege Street, presented and read. ORDINANCE NO. 70-01 ORDINANCE VACATING THE ALLEY WEST OF COLLEGE STREET Whereas, The Finley Hospital has requested the vacating of the alley west of COllege Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of an alley west of College Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 4A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley west of College Street is no longer required for public use, and vacating of said alley known as Lot 4A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 4A of Finley Home Addition in the City of Dubuque, iowa, be and the same is hereby vacated. Passed, approved and adopted this S'" day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Cline moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 476-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, The Finley Hospital has requested the vacating of an alley west of College Street. Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a Regular Session, November 5, 2001 369 . plat showing the vacated alley west of College Street and assigned lot number thereto, which hereinafter shall be known and described as Lot 4A of Finley Home Addition in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley west of College Street is no longer required for public use, and vacating and sale of said portions of alleys and streets known as Lot 4A in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 4A of Flniey Home Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 4A of Finley Home Addition in the City of Dubuque, Iowa to The Finley Hospital be contingent upon the payment of $500.00, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by, law. Passed, approved and adopted this S h day of November, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and further moved that a Public Hearing be set on 11/19/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. . Oneida Street - Disposal of City Property: Communication from Robert J. VanderMeulen requesting to purchase a portion of City-owned property adjacent to 3940 Oneida Street and City Manager recommending that a public hearing be set for November 19, 2001 to consider a request from Robert J. VanderMeulen to purchase City-owned property located adjacent to 3940 Oneida Street, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. . RESOLUTION NO. 477 -01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2-2-1.1.1.3 N Y, SE Y. NW Y. OF SECTION 12, T89N, R2E, 5TH P.M., DUBUQUE COUNTY, DUBUQUE, IOWA Whereas, Robert J. VanderMeulen has requested the vacating of Lot 2-2-1-1-1-3 N Y, SE Y. NW Y. of Section 12, T89N, R2E, S'" P.M., Dubuque County, Dubuque, Iowa. Whereas, the City Council of the City of Dubuque, Iowa has determined that this lot is no longer required for public use and sale of said real property known as Lot 2-2-1-1-1-3 N Y,SE Y. NW Y. of Section 12, T89N, R2E, 5'" P.M. in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2-2-1-1-1-3 N Y, SE y. NW Y. of Section 12, T89N, R2E, 5'" P.M., in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2-2-1-1- 1-3 N Y, SE Y. NW Y. of Section 12, T89N, R2E, S'" P.M in the City of Dubuque, Iowa to Robert J. VanderMeulen be contingent upon the payment of $300.00, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by, law. Passed, approved and adopted this S h day of November, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution and further moved that this be set for public hearing on 11/19/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Buol. Motion carried 7-0. Ice Rinks and Murphy Park Tennis Courts Lighting Replacement Project - Initiate: City Manager recommending initiation of the bidding process for the Ice Rinks and Murphy Park Tennis Courts Lighting Replacement Project and setting a public hearing for December 3, 2001, presented and read. Cline moved that the communication be received and filed. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 478-01 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, forrr of contract and estimated cost for the Ice Rink and Murphy Tennis Courts Lighting Project, in the estimated amount of $108,S41.32, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, approved and adopted this S'" day of November, 2001. Terrance M. Duggan, Mayor Attest Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. 370 Regular Session, November 5, 2001 RESOLUTION NO. 479-01 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 ice Rink and Murphy Tennis Courts Lighting Project. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA: That on the 3" day of December, 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 5'h day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 480-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Ice Rink and Murphy Tennis Courts Lighting 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 Cler~ 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 20th day of November, 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 3" day of December, 2001. Passed, approved and adopted this 5th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion canned 7-0. At 6:55 P.M. Buol moved to go into Closed Session re: Property Acquisition - Iowa Code Chapter 21.5(1 )0). Seconded by Markham. Motion carried 7 -0. At 7:27 P.M. Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 7:28 P.M. Isl Jeanne F. Schneider City Clerk 2002 2002 Adopt ~~~t~ Council Members Attest: ~ //) /.Jd4~~~;7': ~h.<?..-c~ C'tY Clerk Special Session, November 13, 2001 371 . DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Speciai Session, November 13, 2001 At 5:00 P.M. Council had dinner in the Second Floor Rotunda of the Public Library. At 5:30 P.M. Council convened for the Special Session in the Public Library Auditorium. Present Mayor Duggan, Council Members Buol, Cline, Markham, Michaiski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is a special session of the City Council called for the purpose of considering an amendment to the RuscillilMcGraw Hill Development Agreement and discussing unit based pricing. . First Amendment to Rusciili/McGraw-Hill Development Agreement City Manager recommending approval of the first amendment to the Ruscilli/McGraw-Hill Development Agreement, presented and read. Markham moved that the communication be received and filed and recommendation approved. Seconded by Suoi. Motion carried 7-0. There was a discussion of Unit Based Pricing for Refuse Collection and consensus was to proceed with the staff recommendation to implement the State-mandated prograrn. There being no further business, Michalski moved to adjourn. Seconded by Cline. Malian carried 7-0. The meeting adjourned at 6:23 P.M. Is/ Jeanne F. Schneider City Clerk 1\ 11/21 . APprUU"d-1<'-1' ;;?7' Mop . M~"':c,j4<,/ ~ (// / 2002 2002 Councii Members Attest '4) 372 Regular Session, November 19, 2001 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Council, Regular Session, Monday, November 19,2001 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. Council Member Buol by electronic means. Mayor Dug9an read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Father Dwayne Thoman, Spiritual Director of Wahlert High School. CONSENT ITEMS Minutes Submitted: City Council of 11/5; Civil Service Commission of 10/2 and 10/16; Electrical Code Board of 9125; Historic Preservation Commission of 10/9; Human Rights Commission of 10/8; Park and Recreation Commission of 10/9; Transit Board of 10/11; Zoning Advisory Commission of 11/7; Zoning Board of Adjustment of 10/25, presented and read. Nicholson moved that the minutes be received and filed. Seconded by Robbins. Motion carried 7-0 Proof of publication of City Council Proceedings of 10/15; Proof of publication of List of Claims and Summary of Revenues for month ending September 30, 2001, presented and read. Nicholson moved that the proofs be received and filed. Seconded by Robbins. Motion carried 7-0. Finance Director submitting the Financial Reports for the month ending October 31,2001, presented and read. Nicholson moved that the communication and reports be received and filed. Seconded by Robbins. Motion carried 7-0 Notice of Ciaims/Suits: Virginia A. Bird in estimated amount of $107.43 for vehicle damage; Dale J. Ehlers in estimated amount of $1,513.16 plus rental reimbursement for vehicle damage; Hank's Specialties in estimated amount of $2,724.68 for vehicle damage; Timothy Klinkhammer in undetermined amount for vehicle damage; Theressa Northouse in estimated amount of $84.80 for properly damage; Susan and Ronald Tigges in estimated amount of $1,288 plus car rental for vehicle damage, presented and read. Nicholson moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Appeal of William Kelly v. the City of Dubuque, Iowa and Civil Service Commission of the City of Dubuque, Iowa, presented and read. Nicholson moved that the appeal be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. 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: Dale J. Ehlers for vehicle damage; Candace and Elizabeth Fuerst for vehicle damage and personal injury; Timothy Klinkhammer for vehicle damage; State Farm Insurance for vehicle damage; and Ronald and Susan Tigges for vehicle damage, presented and read. Nicholson moved that the communications be received and filed and concurred with the dispositions. Seconded by Robbins. Motion carried 7 -0. Corporation Counsel recommending denial of the claim of Mat! Bay for vehicle damage, presented and read. Nicholson moved that the communication be received and filed and concurred with recommendation. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending that the claims of Corey Lorenz for vehicle damage and Gene Chapman for property damage be settled and that the Finance Director be directed to issue payment, presented and read. Nicholson moved that the communication be received and filed and concurred with the recommendation and Finance Director to issue proper cheCK. Seconded by Robbins. Motion carried 7-0. Substance Abuse Services Center: Communication from Diane K. Thomas, Substance Abuse Services Center, requesting financial support for Fiscal Year 2002, presented and read. Nicholson moved that the communication be received and filed and referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Parking Lot Project at Third and Main: City Manager recommending that Resolution No. 469-01 Accepting Improvement and Resolution No. 470-01 - Final Estimate for the Parking Lot Project at Third and Main be rescinded as the project had previously been Regular Session, November 19, 2001 373 . accepted on May 21,2001, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 481-01 RESCINDING RESOLUTIONS 469-01 AND 470-01 Whereas, Resolution No. 206-01 and Resolution No. 207-01 adopted on May 21,2001 established the finai cost for and accepted the Parking Lot at Third and Main Streets; and Whereas, on November 5, 2001 the City Council inadvertently adopted Resolution no. 469-01 and No. 470-01 which also established the final cost for and accepted the Parking Lot at Third and Main Streets; and Whereas, Resolution No. 469-01 and Resolution No. 470-01 should be rescinded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Resolution No. 469-01 and Resolution No. 470-01 are hereby rescinded. Passed, approved and adopted this 19th day of November 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Five Flags Theater Renovation Project - Acceptance: City Manager recommending acceptance of the Five Flags Theater Renovation Project in the final contract amount of $750,283.36, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 482-01 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Five Flags Theater Renovation Project has been compieted 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, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 483-01 FINAL ESTIMATE WHEREAS, the contract for the Five Flags Theater Renovation Project has been completed and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $750,283.36, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Bunker Hill Building Renovation Project - Acceptance: City Manager recommending acceptance of the Bunker Hill Building Renovation Project in the final contract amount of $378,787.00, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 484-01 ACCEPTING IMPROVEMENT WHEREAS, the contract for the Bunker Hill Building Renovation Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and speCifications and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund in amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 485-01 FINAL ESTIMATE WHEREAS, the contract for the Bunker Hill Building Renovation Project has been completed 374 Regular Session, November 19, 2001 and the Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dubuque, Iowa: Section 1. That the cost of said improvement is hereby determined to be $378,787, and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Amendment of Legal Description for Previously Annexed City Property: City Manager recommending approval of a revised legal description for property annexed to the City of Dubuque, Iowa, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 486-01 RESOLUTION AMENDING RESOLUTION NO. 481A-98 BY APPROVING A REVISED LEGAL DESCRIPTION FOR CERTAIN PROPERTY ANNEXED TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque, Iowa voluntarily petitioned for annexation of approximately 1.15 acres of property owned by the City of Dubuque pursuant to Seclion 368.7 of the Code of Iowa by adoption of Resolution No. 481A-98; and Whereas, the City Development Board of the State of Iowa approved the voluntary annexation petition; and Whereas, the adopted Resolution No. 481A-98 contained a typographical error in the legal description of the annexed property; and Whereas, the City of Dubuque requests that the Findings of Fact, Conclusions of Law and The Final Order filed by the City Deveiopment Board approving the voluntary annexation petition be amended with the correct iegai description. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 2 of Resoiution No. 481 A-98 is hereby amended as follows: That the territorial limits of the City of Dubuque, Iowa be, and they hereby are extended to include the property legally described as Lot 2 of NE Y. of SE Y. of Section 25, T89N, R1E, 5th P.M., in Dubuque County, Iowa, as shown in Exhibit A. Section 2. That the City Cierk shall file this amendment request with the City Development Board of the State of iowa. Passed, approved and adopted this 19th day of November, 2001 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Cierk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Megan-Nicole Valley Subdivision - Final Plat: Zoning Advisory Commission recommending approval of the final plat of Megan-Nicole Valley Subdivision at the end of Miller Road In the City of Dubuque and Dubuque County as requested by Richard and Tom Henschel, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 487.01 RESOLUTION APPROVING THE FINAL PLAT OF MEGAN-NICOLE VALLEY SUBDIVISION Whereas, there has been filed with the City Clerk a final plat of Megan-Nicole Valley Subdivision; and Whereas, said plat provides Lot 1 and Lot 2 with 0 feet of lot frontage, 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 Regulations is waived to allow Lot 1 and Lot 2 to have 0 feet of frontage, where 60 feet is required. Section 2. That the final plat of Megan-Nicole Valley 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. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Plat of Survey of Westview Shopping Center Place No.2: Zoning Advisory Commission recommending approval of the Plat of Survey of Westview Shopping Center Place NO.2 located at John F. Kennedy Road and Congress Circie as requested by Nick Yianpias, presented and read. Nicholson moved that the communication Regular Session, November 19, 2001 375 . be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 488-01 RESOLUTION APPROVING THE PLAT OF SURVEY OF WESTVIEW SHOPPING CENTER PLACE NO.2 Whereas, there has been filed with the City Clerk a plat of survey of Westview Shopping Center Place No.2; and Whereas, said plat provides Lot 1 with 50.10 feet of lot frontage, where 60 feet is required, by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat of survey 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 1 to have 50.10 feet of lot frontage where 60 feet is required. Section 2. That the plat of survey of Westview Shopping Center Place No. 2 is hereby approved, and the Mayor and City Cierk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Fiscal Year 2002 Annual Action Plan: City Manager recommending approval of a second amendment to the City's Fiscal Year 2002 Community Development Block Grant (CDBG) Annual Plan, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 489-01 RESOLUTION APPROVING AMENDMENT 2 TO THE FISCAL YEAR 2002 (PROGRAM YEAR 2001) ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Year 2002; and Whereas, the City of Dubuque now desires to amend said Annual Plan as per the attached Exhibit A; and Whereas, said amendment for the Youth Empowerment Services program is a substantial amendment as provided In the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after a public hearing by the Community Deveiopment Advisory Commission; and Whereas, the City advertised a public comment periOd beginning October 3, 2001; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on November 8, 2001, and has voted to approve said amendment and to recommend approval by the City Council; and Whereas, said amendment for Housing Rehab software and Homeowner Rehab are non- substantial amendments as provided in the City's Citizen Participation Plan and must therefore be approved by resolution of the City Council after review by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed these proposed amendments on October 11 and November 8, 2001, and has voted to approve said amendments and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Amendment 2 to the Fiscal Year 2002 (Program Year 2001) Annual Action Plan for the Community Deveiopment Block Grant Program hereto attached as Exhibit A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution to the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Federal Aid Surface Transportation Project - University Avenue from Spruce to Delhi: City Manager recommending approval of a Project Agreement with the Iowa Department of Transportation for Federal-Aid Surface Transportation Program funds relating to the construction of University Avenue from Delhi to Spruce, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 490-01 RESOLUTION APPROVING THE PROJECT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR 376 Regular Session, November 19, 2001 FEDERAL-AID SURFACE TRANSPORTATION PROGRAM (STP) PROJECT 6-01-STPU-13 WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE CONSTRUCTION OF UNIVERSITY AVENUE FROM DELHI TO SPRUCE Whereas, the Iowa Department of Transportation (IDOT) is proposing to fund eighty percent (80%) of the cost for the reconstruction of University Avenue from Delhi to Spruce Street. Whereas, iDOT has prepared an agreement outlining the terms under which Federal-Aid STP funds may be made available to the City for the reconstruction of University Avenue from Delhi to Spruce Street; and Whereas, the City Council of the City of DUbuque approves the terms and conditions of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Agreement 6-01-STPU-13 consisting of the agreement providing for IDOT's reimbursement to the City for a portion of the cost of the reconstruction of University Avenue from Delhi to Spruce Street be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Retaining Wall Adjacent to Third Street Overpass: City Manager recommending approval of an amendment to the contract between the City and Allen and Urbain Associates for construction of a proposed retaining wall and sidewalk adjacent to the Third Street Overpass, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7- O. RESOLUTION NO. 491-01 APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DUBUQUE AND ALLEN & URBAIN ASSOCIATES FOR THE CITY OWNED IMPROVEMENTS FOR THE BUILDING ON THIRD & MAIN STREETS. Whereas, on August 14, 2000, the City Council approved a contract between the City of Dubuque and Allen & Urbain for the management of the public improvement portions of the building located at Third & Main Streets., and Whereas, these improvements included the south sidewaik plaza, retaining walls and sidewalk on the east elevation, historic light fixtures, a brick fagade over the Main Street entrance into the new parking ramp and pedestrian connections to the new parking ramp on the east side of the building; and Whereas, it is necessary to amend the contract to include the construction of a retaining wall and sidewalk adjacent to the Third Street overpass. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the contract amendment attached hereto is hereby approved. Passed, approved and adopted this 19th day of November 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Michalski requested an update on this project in consideration of the recent water main break. City Manager Van Milligen provided an update on the matter. Water Plant Security: City Manager recommending approvai for the installation of a closed circuit monitoring system at the Water Plant for improved security at the facility, presented and read. Nicholson moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. Project Concern Paratransit Contract for Fiscal Year 2002: City Manager recommending approval of the Project Concern Paratransit Contract for Fiscal Year 2002, presented and read. Nicholson moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. U.S. Department of Housing and Urban Development: Communication from the U.S. Department of Housing and Urban Deveiopment (HUD) regarding the City's Consolidated End-of- Year Review for Program Year 2000, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Michalski requested further clarification of this communication. David Harris, Housing and Community Development Director, spoke clarifying the report. Appeal of FCC's Pasadena Franchise Fee Decision: City Manager recommending that the City participate with a coalition of cities, the Regular Session, November 19, 2001 377 . National League of Cities and NATOA in a court appeal of the FCC's Pasadena franchise fee decision, presented and read. Nicholson moved that the communication be received and filed and approved recommendation. Seconded by Robbins. Motion carried 7-0. Business License Refund: Ronald J. Meloy, Oky Doky #15, requesting a refund of his cigarette license in the amount of $50.00, presented and read. Nichoison moved that the communication be received and filed and approved refund. Seconded by Robbins. Motion carried 7-0. Business Licenses: . RESOLUTION NO. 492-01 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 compiy with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named appiicants a Beer Permit. CLASS "C" BEER PERMIT Kwik Trip, Inc. Tobacco Outlet Plus #564 + (Sunday Sale) 66 W 32"' St Rainbo Oil Company Kwik Stop Food Mart + (Sunday Sale) 1685 JFK Rd Rainbo Oil Company Kwik Stop Food Mart + (Sunday Sale) 2297 University Av Rainbo Oil Company Kwik Stop Food Mart + (Sunday Sale) 4039 Pennsylvania Iowa Oil Company lOCO Speede Shoppe #93 + (Sunday Sale) 3270 Dodge St Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 493-01 Liquor Whereas, appiications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS "C" (COMMERICAL) BEER/LIQUOR LICENSE Jorja Moore Jorja's Restaurant & Lounge + (Sunday Sale) 890 Iowa St Ground Round, Inc Ground Round + (Sunday Sale) 50 JFK Rd Pamela Arensdorf Instant Replay +(Sunday Sale) 1602 Central Ave Aragon Tap Inc Aragon Tap + (Sunday Sale) 1103 Iowa St T & M Inc. Mario's Italian Restr.+ (Sunday Sale) 1298 Main St Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. BOARDS/COMMISSIONS interview for the following Commission: Community Development Advisory Commission (One unexpired term through 2/15/04 - Census Tract 3 - Currently vacant). Applicant: Richard J. Sullivan. No one spoke. Appointment to the following Commission: Civic Center Commission: (One unexpired term ending 6/29/04 - Term of Sesterhenn). Applicants: Mark M. Nauman, Bryce Parks, Katie Peterson. Vote on the appointment was as follows: Buol voted for Nauman. Cline voted for Nauman. Duggan voted for Parks. Markham voted for Nauman. Michalski voted for Parks. Nicholson voted for Parks. Robbins voted for Nauman. Therefore, Mark M. Nauman appointed to the unexpired three year term which will expire 6/29/04. PUBLIC HEARINGS Nicholson moved that the rules be suspended to allow anyone present to speak. Seconded by Robbins. Motion carried 7-0. Cline moved that the following item be removed from the table. Seconded by Nicholson. Motion carried 7-0. Mayor Duggan turned control of the meeting over to Mayor Pro- Tem Robbins. Plastic Center, Inc. - Conceptual Development Plan (Tabled on October 1, 2001): Proof of publication on notice of hearing and Zoning Advisory Commission reaffirming their approval 378 Regular Session, November 19, 2001 of a rezoning request from Plastic Center, Inc., to rezone property located at the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural District to PUD Planned Unit Development with a PC Planned Commercial, PO Planned Office and PR Planned Residential designation, presented and read. Markham moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. Lynn Pfohl Quigley of New York, as owner of the property, spoke in favor of the requested rezoning and stated that relevant engineers and attorneys for this project were present to answer questions. Ken Buesing of Buesing and Associates, as Engineer for this program, spoke giving specifics of the proposed rezoning and requested ingress and egress for this project, also the proposed plans for stormwater management. Jeff Roda, Traffic Engineer for Yaggy Colby, spoke specifically about the placement of the requested traffic signal on the NW Arterial - Entrance No.1, and Entrance No. 3 and 5 on Asbury Road being signalized and Entrance No. 6 which would not be signaiized and answered other specific traffic related questions. Attorney Brian Kane spoke to this requested rezoning, adding that it was a good project for the City, that they met with the neighbors over a year ago and answered Council questions on storm water and traffic. He also stated that a letter from Super Target required two accesses of which one must be signalized before their commitment to this project. Eugene Bird Jr. as Chair of Zoning Advisory Commission responded to questions of necessary trees and stated that the City and the developer would work together. Ken Bichell spoke in opposition to the project, stating that he has not seen any Master Plan for expansion in Dubuque and questioned the park ratio to the large project. Lou Oswald, 1015 Nowata, questioned the amount of green space for this project. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural District to PUD Planned Unit Development District with PC Planned Commercial District, PO Pianned Office and PR Planned Residential District Designations, and adopting a Conceptual Development Plan, with conditions, for Plastic Center, Inc., presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 73-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PC PLANNED COMMERICAL DISTRICT, PO PLANNED OFFICE AND PR PLANNED RESIDENTIAL DISTRICT DESIGNATIONS, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR PLASTIC CENTER, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with PC Planned Commercial, PO Planned Office and PR Planned Residential District designations and adopting a conceptual deveiopment plan, a copy of which is attached to and made a part hereof, with conditions for Plastic Center, Inc., as stated beiow, to wit: Lot 1 and Lot 2 of the Pfohl Farm, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclasslflcation: A. Definitions 1) Building-related Features: Building-related features are defined as all constructed items, which rise above the grade surface of the iot. These include: a) The primary building b) All accessory or secondary buildings c) All exterior storage areas d) Exterior refuse collection areas e) Exterior mechanical equipment f) Containerized or tank storage of liquids, fuels, gases and other materials 2) Vehicle-related Features: Vehicle-related features are defined as al\ areas used for the movement and parking of all vehicles within the lot. These include: a) Employer and visitor parking spaces b) Driveways from the street right-of-way line to and from parking spaces c) Loading spaces outside of the building Regular Session, November 19, 2001 379 . d) Maneuvering space and driveways to and from loading spaces e) Parking spaces for company-owned commercial vehicles f) Fire lanes 3) Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include; a) Landscaped space containing lawn areas and plantings b) Paved, hard-surtaced pedestrian areas such as walkways, plazas, entryways and courtyards c) Surface storm water detention areas not othenwise used for building-related or vehicle- related purposes d) Open recreation areas and recreational trail e) Other non-building and non-vehicular- related space B. Use Reoulations. The following regulations shall apply to all uses made of land in the above described PUD District: 1) Principal permitted uses in the Planned Commercial District shall be limited to: a) Regional shopping center [43J b) Retail sales/service [17J c) Indoor restaurant [17] d) Drive-in/carry-out restaurant [28J e) General Offices [14J f) Indoor recreation [37J g) Outdoor recreation [37J h) Auto sales and service [38J i) Auto service centers [34J j) Group day care center [8J 2) Principal permitted uses in the Planned Office District shall be limited to: a) General offices [14J b) Medical office/clinic [36J c) Dental/medical laboratory [8J d) Artist studio [5) e) Barber/beauty shop [16J f) Private club [20J g) Group day care center [8J 3) Principal permitted uses in the Planned Residential District shall be limited to: a) Multi-Family Zone; All principal permitted, accessory, conditional and temporary uses allowed in the R-3 Moderate Density Multi- Family Residential District as established in Section 3-1.4 of the Zoning Ordinance. b) Single-Family Zone: All principal permitted, accessory, conditional and temporary uses allowed in the R-1 Single-Family Residential District as established in Section 3.1.1 of the Zoning Ordinance. [ J Parking group-see Section 4-2 of the Zoning Ordinance. 4) Conditional uses res8lVed for future use. B. Lot and Bulk Reoulations. . . Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all frnal site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3- 5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the following lot and bulk regulations: a) All buildings and structures within the Planned Commercial District shall be regulated by the bulk standards of the C-3 General Commercial District as established in Section 3- 3.3 of the Zoning Ordinance. b) The Planned Office District shall be regulated by the bulk standards of the OS Office Service District as established in Section 3-2.2 of the Zoning Ordinance. c) All buildings and structures within the Multi- Family Zone of the Planned Residential District shall be regulated by the bulk standards of Section 3-1.4 of the Zoning Ordinance. All buildings and structures within the Single- Family Zone of the Planned Residential District shall be regulated by the bulk regulations of Section 3-1.1 of the Zoning Ordinance. C. Parkino Reoulations 1) All vehicle-related features shall be surfaced with either asphalt or concrete. 2) Curbing and proper surface drainage of storm water shall be provided. 3) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5) The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. B) The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. D. Landsc8Dina Reaulations 1) Plant Materials; The open space area of each commercial and office lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each commercial and office lot: a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the 380 Regular Session, November 19, 2001 submitted landscape pian should include the following: . For every one (1) acre of lot size, four (4) trees shall be required to a required maximum of forty (40) trees. . Each required tree shall be at least two (2) inches in diameter at planting. . Shrubs shall be used to screen parking areas and provide accent around buildings, . Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three (3) feet in height. 2) All exposed soii areas remaining after the construction of building-related and vehicle- related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. 3) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD ordinance. 4) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 5) Pedestrian Access: Permanent hard- surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. E. Sian Reoulations 1) The provisions of Section 4-3 Sign Regulations of the Zoning Ordinance shall apply unless further regulated by this section. 2) Planned Commercial District; Regional Shopping Center: a) Center identification Sign: One (1) center identification sign located along the Northwest Arterial (Highway 32) frontage. This sign shall be a ground-mounted sign a maximum of twelve (12) feet high and twenty-five (25) feet wide. b) Tenant Identification Signs: . Two (2) tenant identifications signs. Each sign shall be a ground-mounted sign a maximum of thirty-five (35) feet high and twelve (12) feet wide. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. .. Wall-mounted signage for tenants occupying greater than 30,000 square feet of leased area shall be limited to one (1) sign per street trontage. The total square footage of said wall- mounted signs will be based on 20% of the front building wall area. . Wall-mounted signage for tenants occupying less than 30,000 square feet of leased area shall be limited to one (1) sign per street frontage. The total square footage of wall-mounted signs will be based on 10% of the front building wall area. 3) Planned Commercial District; Outlot Signage: . Each outlot parcel shall be allowed wall- mounted signage as per the C-3 General Commercial District sign regulations in Section 4-3.11 of the Zoning Ordinance. The maximum number of signs per business is two (2) signs. . Each outlot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. 4) Directional signs will be allowed in the Pianned Commercial District as permitted by the C-3 General Commercial District sign regulations in Section 4-3.11 of the Zoning Ordinance. 5) Planned Office District: Signage will be regulated as per the OS Office Service District sign regulations in Section 4-3.11 of the Zoning Ordinance. 6) Planned Residential District: Signage will be regulated as per the R-1 Singie-Family Residential District sign regulations in Section 4- 3.11 of the Zoning Ordinance. F. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Site Lighting (Commercial and Office lots only) a) Exterior illumination of commercial and office lots shall be limited to the iilumination of the following: ... Parking areas, driveways and loading facilities pedestrian walkway surfaces and entrances to building ... Screened storage area ... Building exterior b) Location and Design: . All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. . All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72 degrees from vertical. . A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building-related and parking-related features on commercial and office lots. ... Fixtures mounted on a bullding shall not be positioned higher than the roof line of the build'lng. Regular Session, November 19, 2001 381 . . Wooden utility-type poies are acceptable only for temporary uses during construction. .. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 2) Utility Locations a) Service lines: all electrical, telephone, cable and other similar utility lines serving buildings and other site features shall be located underground. b) Mechanical equipment for commercial and office buildings: all electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical ~quipment, including roof-mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. 3) Detention basins required as part of this development shall be enclosed with fencing. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of 88Ch building and vehicle-related feature unless othelWise exempted by Section 4-4. 5) The developer shall provide a two-acre park for dedication to the City of Dubuque. 6) Exterior Trash Collection Areas (commercial and office lots only): a) The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverage. c) Exterior trash collection areas shall be located in rear or side yards only. d) All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wallar other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all of site visibility within five (5) years. . . Access to the Northwest Arterial shall be limited to one signalized intersection to the east (approximately 2,000 feet south of Asbury Road) at Street 'B' and one (1) right in/right out only access to the east (approximately 1,000 feet south of Asbury Road) at Street 'A', as shown on the conceptual development plan. All traffic signals required for access to this property shall include equipment and features compatible with signal coordination equipment or an Intelligent Transportation System (ITS), and with an emergency vehicle response pre- emption system in accordance with plans and specifications approved by the City Engineer. All traffic signals and specialized equipment described above shall be installed at the expense of the property owner. In addition to compliance with the City's typical requirements for storm water management, the property owner, and all heirs, successors, assigns, purchasers and lessees shall provide additional storm water storage as established for this property in the HDR storm water management study prepared for the City of Dubuque. Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation,. and management of property within the City of Dubuque. Ooen Soace and Recreational Areas Those areas not designated on the conceptual development plan for development shall be maintained by the property owner and/or association as open space, as defined by Section 8 of the Zoning Ordinance. Transfer of Ownershio Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee aCknowledges awareness of the conditions authorizing the estabiishment of the District. Modifications Any modifications of this ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. Recordina A copy of this ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as party of this reclassification approval after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning 382 Regular Session, November 19, 2001 Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 19th day of November. 2001. Joseph Robbins, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 73-01 I, James M. Pfohl, President of Piastic Center, Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 73-01 and being familiar with the condition thereof, hereby accept the same and agree to the conditions required therein. Dated this 20th day of December, 2001. By Isl James M. Pfohl, President Plastic Center, Inc. Published officially in the Telegraph Herald newspaper this 2nd day of January, 2002. Jeanne F. Schneider, City Clerk 1t 112 The motion on the table was: Markham moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote taken at this meeting and motion carried 6-0. Mayor Duggan returned and took control of the meeting. 430 Garfield Avenue - Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 430 Garfield Avenue from Li Light industrial District to CS Commercial Service and Wholesale District as requested by Robert Klauer and Robert Walser and Zoning Advisory Commission recommending approval of the request, presented and read. Markham moved that the proof be received and filed. Seconded by Robbins. Motion carried 7-0. Rob Klauer, of Dubuque Wholesale Carpet, spoke clarifying specifics of the request for rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 430 Garfield Avenue from Li Light Industrial District to CS Commercial Service and Wholesale District, with conditions, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 74-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREtNAFTER DESCRI- BED PROPERTY LOCATED AT 430 GARFIELD AVENUE FROM LI LIGHT INDUSTRIAL DISTRICTD TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS 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 LI Light Industrial District to CS Commercial Service and Wholesale District with conditions described in the attached Memorandum of Agreement, to wit: Lot 1 of Lot 2 of Lot 2 of Lot 2, Lot 3 of Lot 2 of Lot 2 of Lot 2, and Lot 2 of Lot 2 of Lot 2 of Lot 2, all of Mineral Lot 106, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 281h day of November, 2001. Jeanne F. Schneider, City Clerk 1t 11/28 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 consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. 800 Rhomberg Avenue - Rezoning Request: Proof of publication on notice of hearing to consider rezoning property located at 800 Rhomberg Avenue from C-1 Neighborhood Commercial and R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District at the request of Charles and Joyce Arthofer and Zoning Advisory Commission recommending denial of the request and an Ordinance Amending AppendiX A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 800 Rhomberg Avenue from C-1 Neighborhood Commercial and R-2A Alternate Two-Family Residential District to CS Commercial Service and Wholesale District, presented and read. Michalski moved that the proof and Regular Session, November 19, 2001 383 . communication be received and filed. Seconded by Nicholson. Motion carried 7-0. John McCann spoke in support of the recommended denial. Michalski moved to concur with the recommended denial. Seconded by Nicholson. Motion carried 7-0. Development Moratorium for Proposed Southwest Arterial Corridor: Proof of publication on notice of hearing to consider amending the Zoning Ordinance and the Subdivision Regulations regarding a development moratorium in the proposed Southwest Arterial Corridor as requested by the Iowa Department of Transportation and the City of Dubuque and the Zoning Advisory Commission recommending approval of the amendment, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Dick Kautz of I DOT spoke to the requested development moratorium. Karen Rokusek, of 12101 Cousins Road, speaking for neighbors also, spoke in opposition to the requested moratorium, stressing their anxiety in not knowing the future for their properties and being in a holding pattern for marketing their homes and home improvements. . An Ordinance Amending Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances by amending Section 42- 16, to establish a moratorium for subdivision plats in the Southwest Arterial Corridor, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 71-01 AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO ESTABLISH A MORATORIUM FOR SUBDIVISION PLATS IN THE SOUTHWEST ARTERIAL CORRIDOR Whereas, the Iowa Department of Transportation (I DOT) is engaged in a study of the Southwest Arterial Corridor, which will include the determination of a preferred alignment; and Whereas, the IDOT has requested that the City of DUbuque extend and enlarge the development moratorium for the Southwest Arterial Corridor for an additional 3 months; and Whereas, the City of Dubuque desires to minimize potential development conflicts during this study by enacting an additional 3-month development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 42-16 as follows: Section 42-16. Southwest Arterial Corridor Review: No plat for any subdivision or resubdivision of property in the Southwest Arterial Corridor, as delineated on the attached drawing, shall be approved by the City Council, Zoning Advisory Commission or City Planner during the three- month period from the effective date of this Section, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 23'd day of November, 2001. Jeanne F. Schneider, City Clerk 1t 11/23 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, as amended to three months, rather than twelve. Seconded by Markham. Motion carried 7-0. An Ordinance Amending Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 4-4-.2 regarding site plans, and by amending Section 6-1-5.5 regarding rezonings, to establish a moratorium for site plan and rezoning applications in the Southwest Arterial Corridor, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 72-01 AN ORDINANCE AMENDING APPENDIX A (ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING SITE PLANS, AND BY AMENDING SECTION 6-1-5.5 REGARDING REZONINGS, TO ESTABLISH A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE SOUTHWEST ARTERIAL CORRIDOR. Whereas, the Iowa Department of Transportation (I DOT) is engaged in a study of the Southwest Arterial Corridor, which will include the determination of a preferred alignment; and Whereas, the IDOT has requested that the City of Dubuque extend and enlarge the 384 Regular Session, November 19, 2001 development moratorium for the Southwest Arterial Corridor for an additional 3 months; and Whereas, the City of Dubuque desires to minimize potential development conflicts during this study by enacting an additional three-month development moratorium for the Southwest Arterial Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, iOWA: Section 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 4-4.2 as follows: Section 4-4.2. Application and Scope. Moratorium B for site plans in the Southwest Arterial Corridor. The City Pianner shall not issue conditional or final approval for any site plan filed for property in the Southwest Arterial Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawing, during the three-month period from the effective date of this Section, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Application and Scope of Site Plan Review and Aooroval. No building pemnit or occupancy permit shall be issued, and no construction, grading or other iand development activity listed below may be commenced on property unless a site plan has been submitted and approved for such activity as setforth in this Section. Development activities subject to the requirements of this Section may hereafter be carried out only in substantial conformance with the approved site pian and any conditions or restrictions attached thereto. Any substantial deviation from the approved site plan, unless approved in advance by the City Planner, shall be deemed a violation of this Ordinance. Development activities subject to site plan review: Construction Of expansion of any building, structure or freestanding sign except single- family detached dwellings, duplexes and townhouses of not more than two (2) units and permitted accessory structures to a single-family dwelling or duplex, however, driveways to said single-family and duplex dwellings shall be paved with a hard surface. Any change, alteration or modification in a structure or use which would require the provision of additional off-street parking spaces, additional lot area, or other substantial change in zoning requirements applicable to such structure or use. The construction or creation of any parking lot or the expansion of any existing parking Jot. Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5.5 as follows: Section 6-1.5.5 Moratorium B for rezonings in the Southwest Arterial Corridor In addition to the requirements of subsection 6-1.5 of this Section, the City Council shail not give final approval to any reclassification (rezoning) request for property in the Southwest Arterial Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawing, during the three-month period from the effective date of this Section, except where a vested right to the issuance of such approval accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officiaily in the Telegraph Herald newspaper this 23" day of November, 2001, Jeanne F. Schneider, City Clerk 1\ 11123 Buol moved that the requirement that the proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it Is to be finaily passed be suspended and further moved final consideration and passage of the Ordinance, as amended (to three month development moratorium). Seconded by Markham. Motion carried 7-0. Zoning Ordinance T ex! Amendment: Proof of publication on notice of hearing to consider amending the Zoning Ordinance to allow mini- warehouses as a conditional use in the C-3 General Commerciai District as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. An Ordinance No. 75-01 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 3- 3.3(D) for Off-Premise Signs and C-3 General Commercial District Conditional Uses by adding mini-warehousing as a conditional use, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 75-01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OFORDINANCES BY AMENDING SECTION 3-3,3(D) FOR OFF- PREMISE SIGNS AND C-3 GENERAL Regular Session, November 19, 2001 385 . COMMERCIAL DISTRICT CONDITIONAL USES BY ADDING MINI-WAREHOUSING AS A CONDITIONAL USE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adding to Section 3-3.3(D) General Commercial District Conditional Uses, mini-warehouse facilities as shown below: Mini-warehouse facilities provided that:. The entire perimeter be enclosed by a security fence. All outdoor lighting for the facility utilize cut-off luminaries. All vehicle access and staging areas be paved. Screening of at least six (6) foot in height shall be placed along the property line between the mini-warehouse facility and all adjacent residential property. The parking group requirements can be met [47]. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 28~ day of November, 2001. Jeanne F. Schneider, City Clerk 1t 11/28 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 7-0. . The Finley Hospital - Request to Vacate: Proof of publication on notice of hearing to consider a request from The Finley Hospital to vacate an alley west of College Street and City Manager recommending approval, presented and read. Michalski moved that the proof and communication be received and filed. Seconded by Cline. Motion carried 7-0. . RESOLUTION NO. 494-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and piace of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9'h day of November, 2001, the City Council of the City of Dubuque, Iowa met on the 19th day of November, 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 4A of Finley Home Addition in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 4A of Finley Home Addition in the City of Dubuque, Iowa to The Finley Hospital be and the same is hereby approved for the sum of $500.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to The Finley Hospital upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Alliant Energy Expansion at the DUbuque Industrial Center West: Proof of publication on notice of hearing to consider disposing of 16.67 acres of real property by installment contract to Interstate Power Company and City Manager recommending approval of a Development Agreement with Interstate Power Company (Alliant Energy), presented and read. Cline moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. Walter Hargraves of Alliant spoke in favor of the project. Bud Isenhart, 8908 Quail Ridge Rd., spoke stating he was not opposed to this project but concerned about remainder of TI F district in the area. City Manager Van Milligen stated detailed answers will be provided at the next City Council meeting. 386 Regular Session, November 19, 2001 RESOLUTION NO. 495-01 RESOLUTION APPROVING A DEVELOP- MENT AGREEMENT PROVIDING FOR THE SALE AND PRIVATE DEVELOPMENT OF PROPOSED LOT 2, LOT 3 and LOT 5 OF THE DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION IN THE CITY OF DUBUQUE, IOWA, TO INTERSTATE POWER COMPANY. Whereas, this Council, by Resolution NO.4 74- 01 dated November 5, 2001, declared its intent to enter into a Development Agreement with Interstate Power Company for the sale and development of proposed Lot 2, Lot 3 and Lot 5 of the Dubuque Industrial Center West 20d Addition in the City of Dubuque, Iowa, as shown on the attached proposed plat (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on November 19, 2001, at 6:30 p.m. at the Carnegie-Stout Public Library Auditorium, 360 W. 11th Street, Dubuque, Iowa.; and Whereas, it is the determination of this Council that approval of the Development Agreement for the sale to and development of the property by Interstate Power Company according to the terms and conditions set out in the attached Development Agreement is in the public interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Interstate Power Company and the sale of the Property to Interstate Power Company is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver an Installment Contract and Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Agreement as herein approved. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Disposal of City Property on Oneida Street: Proof of publication on notice of hearing to consider disposing of City property on Vinton Street to Robert J. VanderMuelen and City Manager recommending approval, presented and read. Robbins moved that the proof and communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 496-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2-2-1-1-1-3 N 'I, SE 'i. NW 'I. OF SECTION 12, T89N, R2E, 5TH P.M" DUBUQUE COUNTY, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on 9'" day of November, 2001, the Cit~ Council of the City of Dubuque, Iowa met on 19 day of November, 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2-2-1-1-1-3 N Y, SE y.; NW y.; OF Section 12, T89N, R2E, 5TH P.M., Dubuque County, Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to seil such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2-2-1-1-1-3 N Y, SE y.; NW y.; OF Section 12, T89N, R2E, 5TH P.M., Dubuque County, Dubuque, Iowa, in the City of Dubuque, Iowa to Robert J. VanderMeulen be and the same is hereby approved for the sum of $300.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and Is hereby authorized and directed to deliver said deed of conveyance to Robert J. VanderMeulen upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 19'h day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Robbins moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Robbins moved that the rules be reinstated limiting discussion to the Council. Seconded by Nicholson, Motion carried 7-0. Regular Session, November 19, 2001 387 . ACTION ITEMS Penalties for Tobacco Permit Holders: Consideration of assessing civil penalties to five businesses for underage tobacco sales and one conviction of selling cigarettes when the tobacco license had expired, presented and read. Cline moved that the communications be received and filed and assessed the penalties. Seconded by Michalski. Motion carried 7-0. Ward and Precinct Ordinance Modifications: City Manager recommending approval of minor modifications to the City's ward and precinct plan ordinance and map as suggested by Sandy Steinbach, Secretary of State - Elections Division, after review of the City's reprecincting plans and an Ordinance Amending the City of Dubuque, Iowa Code of Ordinances by repealing Chapter 17, Elections and adopting in lieu thereof a new Chapter 17, Elections, establishing boundaries for four (4) wards and twenty-one (21) precincts, presented and read. This matter was removed from the Agenda at this time at the request of the City Manager. . ARTCO Barge Fleeting Request: City Manager requesting authorization from the City Council to negotiate a short-term lease with Arten Fleeting for frontage space at the former Sinclair dock at the southerly end of Terminal Street for storage of up to six barges, presented and read. Markham moved that the communication be received and filed and approved request. Seconded by Michalski. Motion carried 7-0. Severance (De-Annexation) Request of Frank Fincel: City Manager recommending approval of the request of Frank Fincel to have his property severed (de-annexed) from the City limits, presented and read. Nicholson moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. . RESOLUTION NO. 497-01 RESOLUTION APPROVING SEVERANCE OF CERTAIN TERRtTORY FROM THE CITY OF DUBUQUE Whereas, Frank J. Fincel, representing Fincel Declaration of Trust, has voluntarily petitioned for severance of approximately 11.9 acres of property within the corporate limits of the City of Dubuque; and Whereas, Chapter 368 of the Code of Iowa authorizes the adjustment of City limits in situations of this character by adoption of a resolution as required by State Regulations. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the territorial limits of Dubuque, Iowa, be, and they hereby are adjusted to sever the property legally described as: Lot 2-1-1-2 and Lot 2-2-2 of T.M. Sullivan's Subdivision and Lot 2-1 of NW y.; of NW y.; of Section 1, T89N, R2E. Section 2. The territory hereby severed shall remain a part of the 131h Precinct of the 3rd Ward of the City of Dubuque, iowa. Section 3. That the City Cierk shall file this resolution, all exhibits and the petition for voluntary severance with the State of Iowa in accordance with State Regulations. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Nicholson moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Meter Ordinance - 7'h Street: City Manager recommending approval of a change to the Code of Ordinances to create a no parking area on the south side of Seventh Street between Locust and Bluff Streets and establishes the portion along the east side of the 700 block of Bluff Street as part of the meter district., presented and read. Markham moved that the proof and communication be received and filed. Seconded by Michalski. Motion carried 7-0. An Ordinance Amending Section 32-262(d) of the City of Dubuque Code of Ordinances, prohibiting parking on designated streets or portions thereof by adding portions of Seventh Street, presented and read. OFFICIAL PUBLICATION ORDINANCE NO. 76-01 AN ORDINANCE AMENDING SECTION 32- 262(d) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY ADDING PORTIONS OF SEVENTH 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, is amended by deieting from Subsection (d) of Section 32-262 the following: Seventh Street, north side, from Locust Street to Bluff Street. Section 2. That the Code of Ordinances of the City of Dubuque, iowa, is amended by adding to Subsection (d) of Section 32-262 the following: Seventh Street, both sides, from Locust Street to Bluff Street. Passed, approved and adopted this 19th day of November, 2001. 388 Regular Session, November 19, 2001 Terrance M, Duggan, Mayor Attest: Jeanne F, Schneider, City Clerk Published officiaily in the Teiegraph Herald newspaper this 28th day of November, 2001. Terrance M. Duggan, Mayor 11 11/28 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 finaily passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0, Rivers Edge Plaza - Iowa Ready Mixed Concrete Association Award: Press release from the Iowa Ready Mixed Concrete Association awarding the Rivers Edge Plaza, Port of Dubuque, Iowa with the 2001 Excellence in Concrete Award, presented and read. Nicholson moved that the communication be received and liled and concurred with the recommendalion. Seconded by Cline. Motion carried 6-0. Rivers Edge Piaza - APA Award: City Manager advising that the Iowa Chapter of the American Planning Association (APA) named the City of Dubuque as the recipient of the annual "Exceilence in Planning Project Award" for the America's River project, presented and read. Nicholson moved that the communication be received and filed and concurred with the recommendation. Seconded by Cline. Motion carried 7-0, Commercial/lndustrial Rehabilitation Loan: City Manager recommending approval of a Commercial/Industrial Rehabilitation Loan to Cooper Development in an amount not to exceed $100,000 for work to be done at the Cooper Wagon Works project, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson, Motion carried 7-0, RESOLUTION NO. 498-01 A RESOLUTION APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT COMMER- CIAL I INDUSTRIAL BUILDING REHAB- ILITATION LOAN OF UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000) FOR PROPERTY LOCATED AT 299 MAIN STREET AND AUTHORIZING A LETTER OF COMMITMENT. Whereas, the City of Dubuque, Iowa, has created a Commercial/industrial Building Rehabilitation Loan Program for the purpose of stimulating reinvestment in the City's low and moderate income areas; and Whereas, the City of Dubuque, iowa, encourages the use of this loan program to finance exterior rehabilitation and code compliance activities; and Whereas, Cooper Development Company, LLC, owners 01 property at 299 Main Street, have presented a loan application lor the exterior rehabilitation of said property which meets the requirements of this program; and Whereas, a Commitment Letter, hereto attached and by this relerence made a part hereof, sets forth the terms and conditions of the owners' participation in the Commercial /Industrial Building Rehabilitation Loan Program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of Cooper Development Company, LLC for participation in the Commercial/Industrial Building Rehabilitation Loan Program is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Commitment Letter and to forward said letter to the owners. Section 3. That the City Manager is hereby directed to prepare, upon receipt of an executed Commitment Letter from the owners, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter, Section 4. That the City Manager is hereby authorized to execute, on behaif of the City Council of the City of Dubuque, Iowa, ail necessary loan documents and is further authorized to disburse loan funds from the Commercial/Industrial Building Rehabilitation Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Bond Sale to Support America's River Project Components: City Manager recommending the advertisement lor sale of $12,360,000 General Obligation Bonds and setting the date 01 sale lor December 3, 2001, presented and read. Cline moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO, 499-01 RESOLUTION DIRECTING THE ADVERTISE- MENT FOR SALE OF $9,500,000 GENERAL OBLIGATION BONDS, SERIES 2001 WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of the aiding in the planning, undertaking and carrying out of urban Regular Session, November 19, 2001 389 . renewal project activities under the authority of 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 of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of riv8lWalk, streetscape and lighting improvements, rehabilitation and conservation of historic structures, and construction of boat docking, harbor, parking and related pubiic infrastructure improvements in support of the America's River project, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $9,500,000 as authorized by Section 384.25 of the City Code of Iowa; and WHEREAS, pursuant to notice published as required by Section 384.24 this Council has held a public meeting and hearing on May 7, 2001, upon the proposal to institute proceedings for the issuance of not to exceed $12,500,000 Generai Obligation Bonds; and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of said Code; and it is the decision of the Council that additional action be taken for the issuance of $9,500,000 General Obligation Bonds, Series 2001, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of sale of said Bonds at least once, the last one of which shall be not less than four nor more than twenty days before the date of the sale. Publication shall be made in the Teiegraph Herald, a iegal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shail state that this Council, on the 3rd day oj December, 2001, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the Finance . . Director, in the City of Dubuque, iowa (the "Issuer") at 11 :00 o'ciock A.M" on the 3rd day of December, 2001. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the Bonds will be held at the Auditorium, Camegie- Stout Public Library at a meeting of the City Council on the above date at 6:30 o'clock P.M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2001, in the amount of $9,500,000, to be dated December 15, 2001 (the "Bonds"). Official Statement: The Issuer has issued an Officiai Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Officiai Bid Form, which is incorporated by reference as a part of this notice. The Officiai Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, iowa 52001 (telephone: 563/589-4100) or the financial advisor to the City, Evensen-Dodge, Inc., 100 Court Avenue, Suite 203, Des Moines, Iowa 50309 (telephone: 5151282-6138). Terms of Offerinq: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Leqal Opinion: Said Bonds will be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds. RiGhts Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. /s/ Jeanne F. Schneider City Clerk of the City of Dubuque, Iowa (End of Notice) Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nichoison. Motion carried 7-0. 390 Regular Session, November 19, 2001 RESOLUTION NO. 500-01 RESOLUTION DIRECTING THE ADVERTISE- ENT FOR SALE OF $2,860,000 GENERAL OBLIGATION BONDS, SERIES 2002 WHEREAS, the City of Dubuque, Iowa, is in need of funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of 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 of parking improvements and site development for the Mississippi River National Education and Conference Center, and the construction, development, improvement and beautification of the banks and other areas adjacent to flood control improvements in said District, including construction of riV8nNalk, streetscape and lighting improvements, rehabilitation and conservation of historic structures, and construction of boat docking, harbor, parking and related public infrastructure improvements in support of the America's River project, essential corporate purpose projects, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of $2,860,000 as authorized by Section 384.25 of the City Code of Iowa; and HEREAS, pursuant to notice published as required by Section 384.24 this Council has heid a public meeting and hearing on May 7, 2001, upon the proposai to institute proceedings for the issuance of not to exceed $12,500,000 Gen~ral Obligation Bonds; and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26 of said Code; and it is the decision of the Council that additional action be taken for the issuance of $2,860,000 General Obligation Bonds, Series 2002, and that such action is considered to be in the best interests of said City and the residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Bonds hereinafter described be offered at public sale, pursuant to advertisement as required by law. Section 2. That the Clerk is hereby directed to publish notice of saie of said Bonds at least once, the last one of which shall be not less than four nor more than twenty days before the date of the sale. Publication shall be made in the Telegraph Herald, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an adjacent county, Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 3rd day of December, 2001, at 6:30 o'clock P.M., will hold a meeting to receive and act upon bids for said Bonds; said notice to be in substantially the following form: NOTICE OF BOND SALE Time and Piace of Seaied Bids: Sealed bids for the sale of Bonds of the City of Dubuque, Iowa, will be received at the office of the Finance Director, in the City of Dubuque, Iowa (the "Issuer") at 11 :00 o'clock A.M., on the 3rd day of December, 2001. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the Bonds will be heid at the Auditorium, Carnegie- Stout Public Library at a meeting of the City Council on the above date at 6:30 o'clock P.M. The Bonds: The Bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2002, in the amount of $2,860,000, to be dated December 15, 2001 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 50 W. 13th Street, Dubuque, Iowa 52001 (\eiephone: 5631589-4100) or the financial advisor to the City, Evensen-Dodge, Inc., 100 Court Avenue, Suite 203, Des Moines, Iowa 50309 (telephone: 515/282-6138). Terms of OfferinQ: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Leoai Ooinion: Said Bonds wiii be sold subject to the opinion of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attorneys of Des Moines, Iowa, as to the iegality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legaiity of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the Bonds. Riahts Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Dubuque, Iowa. 1st Jeanne F. Schneider City Clerk of the City of Dubuque, Iowa (End of Notice) Passed, approved and adopted this 19'" day of November,2001. Regular Session, November 19, 2001 391 . Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. ITEMS TO BE SET FOR PUBLIC HEARING Main Street Reconstruction, 5th to 9th Streets - Initiate: City Manager recommending initiation of the bidding process for the Main Street Reconstruction from 5th to 9th Project and setting a public hearing for December 17, 2001. presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. . RESOLUTION NO. 501-01 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 Main Street Reconstruction Project - 5th to 9lh Streets, in the estimated amount of $2,901,216.46, are hereby approved and ordered flied in the office of the City Clerk for public inspection. Passed, approved and adopted this 19th day of November, 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, 502-01 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 Main Street Reconstruction Project - 5th to 9th Streets. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of December, 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 againsl 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 19th day of November, 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, 503-01 RESOLUTION OF NECESSITY Whereas, proposed plans have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of City Clerk showing among other things the plans, specifications, form of contract, estimated cost and preliminary plat and schedule showing the amount proposed to be assessed against each lot and the valuation of each lot as filed by the City Council, for the Main Street Reconstruction Project - 5th to 9th Streets. 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 lime of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall pe 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 Street Construction Fund and Local Option Sales Tax Fund, and special assessment bonds may be issued in anticipation of deferred payments of assessments when a contract has been performed and accepted, and the proceeds thereof used to pay the contractor. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 19th day of November, 2001. Approved and placed on file for final action. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0, 392 Regular Session, November 19, 2001 RESOLUTION NO. 504-01 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 Main Street Reconstruction Project - 5th to 9th Streets, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 17th day of December, 2001, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having generai circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file. with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, approved and adopted this 19th day of November, 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. 505-01 RESOLUTION APPROVING PRELIMINARY SCHEDULE OF ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached sheets, 1 to 1 inclusive, are hereby determined to be the schedule of proposed assessments for the Main Street Reconstruction - 5lt\ to 9th Streets and the valuations set out herein are hereby approved. Passed, approved and adopted this 19th day of November, 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. 506-01 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Main Street Reconstruction Project- 5'" to 9th Streets 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 December, 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 17th day of December, 2001. Passed, approved and adopted this 19th day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michaiski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Congress Circle - Request to Vacate: City Manager recommending that a public hearing be set for December 3, 2001 to consider a request to vacate Congress Circle, presented and read. Michalski moved that the communication be received and filed. Seconded by Nicholson. Motion ca rried 7-0. RESOLUTION NO. 507-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED CONGRESS CIRCLE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated November 13, 2001. prepared by IIW Engineers & Surveyors, P.C., describing Congress Circle; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated November 13, 2001, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove Regular Session, November 19, 2001 393 . described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access easement to the west end of Congress Circie, Lot 1 of Westview Shopping Center Place NO.2. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque Count~, Iowa. Passed, approved and adopted this 19 day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. An Ordinance vacating Congress Circle, presented and read. . OFFICIAL PUBLICATION ORDINANCE NO. 77-01 ORDINANCE VACATING CONGRESS CIRCLE Whereas, Key City Investment Co. has requested the vacating of Congress Circle; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated street of Congress Circle and assigned lot number thereto, which hereinafter shall be known and described as Lot 2A of Westview Shopping Center Place No.2, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Congress Circle is no longer required for public use, except for a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of WestviewShopping Center No.2 as noted, and vacating of said Congress Circle known as Lot 2A of Westview Shopping Center Place NO.2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place NO.2. Passed, approved and adopted this 19'h day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this J'h day of January, 2002. . Jeanne F. Schneider, City Clerk 11 1/7 Michalski 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. RESOLUTION NO. 50S-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO.2, DUBUQUE, IOWA Whereas, Key City Investment Co. has requested the vacating of Congress Circle. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing vacated Congress Circle and assigned lot number thereto, which hereinafter shall be known and described as Lot 2A of Westview Shopping Center Piace No.2, in the City of Dubuque, Iowa; and Whereas, the City Council of the City at Dubuque, Iowa has reserved unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westvlew Shopping Center Place No.2. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Westview Shopping Center Place No.2 in the City of Dubuque, Iowa to Key City Investment Co. be contingent upon the payment of $35,750.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No.2. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 19'h day of November, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this matter for Public Hearing on 12/3/01 at 6:30 P.M. in the public library auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. 394 Regular Session, November 19, 2001 Rick Dickinson of GDDC spoKe stating that Dubuque ranked second in the nation on business retention. There being no further business, Cline moved to adjourn. Seconded by Nicholson. Motion carried 7-D. The meeting adjourned at 9:02 P.M. Is! Jeanne F. Schneider City Clerk 1t 11128 A APProve~//.M;/ /-:r/ AdOPted:-;j'.I~~~ /:7-/ V 2002 2002 ~ ' ~A/~e~-Ca~ Ity Clerk