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07 05 00 Minutes this Meeting COUNCIL PROCEEDINGS OFFICIAL 1"111 NjIYV', ~~ q\1 City Council, Regular Session, Wednesday, July 5, 2000 Council met in Regular Session at 6:30 P.M., in the Library Auditorium 1 Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. The invocation was given by Sr. Inez Turnmeyer, Director of St. Mark Community Center. PROCLAMATIONS: John Mauss Day (July 7, 2000) received by Police Chief John Mauss; Recreation and Parks Month (July) received by Recreation Division Manager; and Apples for Students (July 8 - 23, 2000) received by Sr. Inez Turnmeyer, of St. Mark Community C~. d _. I/A/PO ?~ //1-~/-" Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, gave a verbal progress report. Minutes Submitted: Cable TV Regulatory Commission of 6/7; Cable Community Teleprogramming Commission of 6/13; Civil Service Commission of 5/31 and 6/28; Five Flags Commission of 5/15; Housing Commission Trust Fund of 6/13; Human Rights Commission of 5/8, presented and read. Buol moved that ~ the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. ,,-""" Printed Council Proceedings for March, 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Nicholson. Motion carried 7-0. Proofs of Publication of Council Proceedings for 5/15/00 and 6/5/00; and List of Claims and Summary of Revenues for month ending April 30, 2000, presented and read. Buol moved that the proofs be received and filed. Seconded by Nicholson. Motion carried 7-0. Claims/Suits: Patrick Butler in the estimated amount of $11.50 for cleaning of his vehicle; Barbara Freund in undetermined amount for property damage; Tim Patterson in the estimated amount of $1,000 for vehicle damage, presented and read. Buol moved that the claims be referred to the Legal Dept. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel advising the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Joseph L. Hickson for vehicle damage; R.D. McDonald for property damage; and Aimee Wagner for vehicle damage, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. 1 Corporation Counsel recommending that the claims of Thomas Buelow for property damage, and Craig and Deb Wurdinger for vehicle damage be denied, presented and read. Buol moved that th communication be received and filed and concurred with the recommendations. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending that the claim of Patrick Butler in the amount of $11.50 for reimbursement of car-cleaning costs be approved and that a check be issued by the Finance Director, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. Corporation Counsel recommending that the claim of Barbara Freund for a sewer backup be received and filed and forwarded to proper personnel, presented and read. Buol moved that the communication be received and filed and concurred with the recommendations. Seconded by Nicholson. Motion carried 7-0. Communication from Tara Winger regarding various issues and communication of Cletus J. Winter regarding the Clarke Drive repaving project, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. Request of Greg Orwoll, Executive Director of the Colts, to suspend enforcement of the residential parking regulations in the area surrounding Senior High School from 3:00 to 11 :00 p.m., on Thursday, July 6, 2000, in order to hold the annual Music on the March Program on Dalzell Field, presented and read. Buol moved that the communication be received and filed and concurred with the request. Seconded by Nicholson. Motion carried 7-0. Petition from business owners requesting two hour parking on the east side of Jackson Street from the corner of Milwaukee Street to the corner of Ruby Street, presented and read. Buol moved that the communication be received and filed and referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. Communication from the State Historical Society of Iowa advising that Four Mounds has 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 Nicholson. Motion carried 7-0. Communication from the Iowa Utilities Board expressing gratitude for the comments received on the proposed 319 area code changes, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. City Manager recommending appointment of Dr. Douglas Butzier as EMS Medical Director and Dr. Timothy Bowers as Associate Medical Director for the Dubuque Fire Department, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 288-00 APPOINTING PHYSICIAN MEDICAL DIRECTORS FOR THE CITY OF DUBUQUE FIRE DEPARTMENT'S ADVANCED EMERGENCY MEDICAL CARE AMBULANCE 2 Whereas, the rules of the Iowa Department of Public Health required that an advanced emergency medical care ambulance service authorized by that Department be under the direction, advice or orders of a Physician Medical Director who supplies professional expertise for advanced emergency medical care; and Whereas, Doctor Douglas Butzier, MD, and Doctor Timothy Bowers, MD are Board-Certified Emergency Department Physicians interested in serving in this capacity, and such service is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Dr. Douglas Butzier, MD be hereby appointed as Physician Medical Director of the City of Dubuque Fire Department's Advanced Emergency Medical Care Ambulance Service as authorized by the Iowa Department of Public Health. Section 2. That Dr. Timothy Bowers, MD be hereby appointed as Associate Physician Medical Director of the City of Dubuque Fire Department's Advanced Emergency Medical Care Ambulance Service as authorized by the Iowa Department of Public Health. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending the publication of combined notice of no significant impact on the environment and notice of intent to request release of funds for the Fourth Street Peninsula Acquisition and Clearance, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 289-00 A RESOLUTION AUTHORIZING PUBLICATION OF A COMBINED NOTICE OF FINDING OF NO SIGNIFICANT IMPACT ON THE ENVIRONMENT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS FOR 4TH STREET PENINSULA ACQUISITION AND CLEARANCE. Whereas, the City of Dubuque will enter into a Grant Agreement for the Fiscal Year commencing July 1, 2000, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of Housing and Urban Development, an environmental review has been processed for the 4TH Street Peninsula Acquisition and Clearance project; and Whereas, based on said environmental review, the Department of Community and Economic Development has determined that sail1d'ect will have no significant impact on the environment; and Whereas, a combined notice 0 "Fi ding of No Significant Impact on the Environment" and of "Intent to Request Release of Funds" fo said project will be sent by regular mail to various federal, state and local public agencies; to the appropriate Regional Office of the Environmental Protection Agency, to the HUD Area Office and to the local news media, individuals and groups known to be interested and believed to be appropriate to receive such a notice; and Whereas, any and all comments received as a result of such notice will be duly considered before proceeding with a Request for Release of Funds and Certification. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 3 Section 1. That the City Clerk be and is hereby authorized and directed to publish a combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the 4th Street Peninsula Acquisition and Clearance project and to make the Environmental Review Record for said project available for public inspection and comment until 5:00 p.m. on July 26, 2000. Such notice shall be in the form of Exhibit "A" attached hereto and made a part hereof. Section 2. That the environmental review record for the project shall be placed on file in the Office of the City Clerk where said record may be examined and copied by any interested party. Section 3. That the Mayor of the City of Dubuque is hereby authorized and directed to submit to the U.S. Department of Housing and Urban Development fifteen (15) days after publication of appropriate notice a Request for Release of Funds to undertake the said project. Section 4. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 5. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review, decision making and action. Section 6. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute a certification pertaining to the environmental review procedures. Passed, approved and adopted this 5th day of July, 2000. Terrance M. .Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending submittal of the update for the Fiscal Year 2001 REAP Plan for Dubuque County, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. City Manager recommending submission of a REAP grant application to the Iowa Department of Natural Resources for construction of the Granger Creek Nature Trail, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 290-00 APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR A REAP GRANT FOR THE GRANGER CREEK NATURE TRAIL AT THE DUBUQUE TECHNOLOGY PARK Whereas, the Iowa Department of Natural Resources has allocated grant funds for the development of multi-purpose trails; and Whereas, the City has an adopted Comprehensive Plan which includes goals and objectives for the development of bike/hike trails. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized to sign and the Planning Services Manager is hereby authorized to submit the resolution and the application to the Iowa Department of Natural Resources for REAP Funds for the Granger Creek Nature Trail at the Dubuque Technology Park. 4 Section 2. That in the event said application is approved, the City Council hereby provides its written assurance the completed project will be adequately maintained for its intended use for a minimum of twenty (20) years following project completion. Section 3. That the City of Dubuque agrees to abide by all local, state, and federal requirements applicable to the proposed project. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Historic Preservation Commission submitting the Revised Survey Report on Architectural/Historical Resources for Council review/comment, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. tJ); Communication of Barry A. Lindahl advi~ill9'o of the purchase of property on behalf of t e Catfish Creek Coalition from the Klauer's, presented and read. Buol moved that the communication e received and filed. Seconded by Nicholson. Motion carried 7-0. ~ RESOLUTION NO. 291-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ROBERT D. KLAUER AND L1VIJA KLAUER Whereas, the City of Dubuque entered into an Agreement with Robert D. Klauer and Livija Klauer for the purchase of the following described real property in Dubuque County, Iowa: Lot One (1) of the Subdivision of Lot One (1) of the Northwest Fractional Quarter of the Northeast Quarter and Lot One (1) of the Subdivision of Lot One (1) of Fractional Government Lot One (1), all in Section Six (6), Township Eighty-eight (88) North, Range Three (3) East of the Fifth Principal Meridian, all as shown by recorded plat thereof, containing an area of nineteen and ninety-seven hundredths (19.97) acres, more or less; And Lot "A" of Government Lot One (1) in Section Six (6), Township Eighty-Eight (88) North, Range Three (3) East of Fifth Principal Meridian, Dubuque County, of Dubuque, Iowa, and Lot One (1) of Rock Cut Subdivision in the City of Dubuque, Iowa, all shown by recorded plats thereof, containing an area of one and thirty-two hundredths (1.32) acres, more or less. And Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Robert D. Klauer and Livija Klauer, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. 5 Communication from Tom Stovall, Executive Director, Operation: New View, requesting a letter of support for their HAWK-I Outreach Pilot Grant application, presented and read. oved that the communication be received and filed and approved a letter of support. Seconded by Nichol n. Motion carried 7-0. .-:zj~ City Manager recommending execution of a Preconstruction Agreement with the Iowa Department of Transportation relating to construction and future maintenance of Phase IV of Iowa 32 (Northwest Arterial), from John F. Kennedy Road to U.S. 52, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 292-00 RESOLUTION APPROVING PRE-CONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE IOWA 32 (NORTHWEST ARTERIAL) EXTENSION PROJECT FROM EXISTING IOWA 32/JOHN F. KENNEDY ROAD INTERSECTION TO THE CITY'S NORTH CORPORATION LINE Whereas, the Iowa Department of Transportation has developed plans for the extension of Highway 32 (Northwest Arterial) from the Iowa 32/John F. Kennedy Road intersection to the City's north corporation line; and Whereas, the Iowa Department of Transportation has prepared and submitted to the City Council for approval, a Pre-Construction Agreement relating to the construction cost, participation, and respective maintenance responsibilities of the construction project; and Whereas, 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 Pre-Construction Agreement No. 99-4-095 consisting of an agreement providing for the extension of Highway 32 (Northwest Arterial) from the existing Iowa 32/John F. Kennedy Road intersection to the City's north corporation line be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this Pre- Construction Agreement and forward the executed copies to the Iowa Department of Transportation for their approval. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a Community Development Block Grant Agreement with the U. S. Department of Housing and Urban Renewal (HUD) in the amount of $1,441,000 for Program Year beginning July 1, 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 293-00 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Whereas, under provisions of Title I of Housing and Community Development Act of 1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan for a Community Development Block Grant; and 6 Whereas, the submission has been approved by the U.S. Department of Housing and Urban Development in the amount of $1,441,000 for a twelve month program year commencing July 1, 2000 and ending June 30, 2001; and Whereas, a grant agreement covering the activities proposed to be carried out with the Community Development Block Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Developmenffl NOW, THEREFORE, BE IT R~OLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development on July 1, 2000 for a Community Development Block Grant to the City of Dubuque in the amount of $1,441,000 and identified as Grant Number B-00-MC-19-0004 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreement on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor June 21, 2000 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Lead Sanitation Driver was given on May 31, 2000. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. LEAD SANITATION DRIVER Craig Soltow Jim Powers Mike Clancy Respectfully submitted, /s/ Loras J. Kluesner, Chairperson /s/ Merle Duehr /s/ Richard Wertzberger Civil Service Commission Randall Ludowitz David Sitzmann Paul Herman Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the 1999 Code of Iowa, an examination for the position of Police Chief was given on June 7, 2000. We hereby certify that the following individuals have passed this written examination and the vacancy for this position should be made from this list and that this list is good for one (1) year from above date. June 28, 2000 POLICE CHIEF Michael T. Schnell William S. Sullivan Michael J. Sullivan Melvin L. Williams Harold M. Algyer Timothy P. McDonald John C. Kelley Michael D. King 7 Kim Bruce Wadding Kevin D. Lindsey Respectfully submitted, /s/ Loras J. Kluesner, Chairperson /s/ Merle Duehr /s/ Richard Wertzberger Civil Service Commission Buol moved that the above Civil Service certifications be made a matter of record. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 294 -00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the following having complied with the provisions of law relating to the sale of Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and Cigarette Papers within said City. 1 0 RENEWALS Billy Buck's East St Tap William & Lynn Meyer lOCO Speede Shoppe # 93 Iowa Oil Company lOCO Speede Shoppe # 3 Iowa Oil Company lOCO Speede Shoppe # 33 Iowa Oil Company lOCO Speede Shoppe # 17 Iowa Oil Company lOCO Speede Shoppe # 2 Iowa Oil Company Oky Doky #14 Kristina Chapman Admiral's Hi-Hat Donald B. Meyer Kalmes Breaktime Bar & Grill Michael/Theresa Kalmes Windsor Tap G & J's Inc Passed, approved and adopted this 5th day of July, 2000. 521 E. 22nd 3250 Dodge St 1998 Jackson 3200 Central 2150 Twin Valley 2335 University 1050 University 253 Main 1097 Jackson 2401 Windsor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 295-00 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 L B Metcalf, Inc. Cedar Cross AMOCO + (Sunday Sale) K Chap Foods Inc. Oky Doky Foods # 14 + (Sunday Sale) Rainbo Oil Com Kwik Stop + (Sunday Sale) Jena Inc. Oky Doky # 15 + (Sunday Sale) Passed, approved and adopted this 5th day July, 2000. 1200 Cedar Cross 1050 University 1401 Central Ave 1101 Rhomberg Ave Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 8 Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 296-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS //C"(COMMERCIAL) BEER/LIQUOR LICENSE Madhatters Inc. Madhatters + (Sunday Sale) Jeff A. Demmer Bodine's + (Sunday Sale) Ethel K Schwartz Airport Inn + (Sunday Sale) Plastic Center, Inc. Fischer Lanes + (Sunday Sale) City of Dubuque Dubuque Five Flags + (Sunday Sale) Craig J. Weiner Walnut Tap + (Sunday Sale) Richard W. Hirsch II Fat Tuesdays (1 Day Outdoor Sale) Passed, approved and adopted this 5th day of July, 2000. 1091 Main St 1445 Central Ave 574 E. 16th St 880 Locust St 405 Main St 709 University Ave 1121 University Ave Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. BOARDS/COMMISSIONS: Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: HISTORIC PRESERVATION COMMISSION: Christopher J. Wand (Architect/At Large). Mr. Wand spoke requesting consideration for appointment. INVESTMENT OVERSIGHT COMMISSION: Paul Lassance, Hiram Melendez. No one spoke. PLUMBING BOARD: Stanley G. Gonner (Master Plumber). No one spoke. APPOINTMENTS to the following Boards/Commissions: CIVIC CENTER COMMISSION: Gary Dolphin, Cynthia A. Fuller. Michalski moved that Gary Dolphin and Cynthia Fuller be reappointed to the Civic Center Commission for three year terms which will expire 6-29-03. Seconded by Robbins. Motion carried 7-0. HOUSING COMMISSION: David J. Kapler, Dan Teply. Vote on the appointment was as follows: Michalski voted for Teply; Nicholson voted for Teply; Robbins voted for Kapler; Buol voted for Kapler; Cline voted for Teply; Duggan voted for Kapler; Markham voted for Kapler. Therefore, David J. Kapler appointed to an unexpired three year term which will expire 8-17-01. TRANSIT BOARD OF TRUSTEES: Harry J. Bemis. Michalski moved that Harry Bemis be reappointed to a three year term which will expire 7-30-03. Seconded by Nicholson. Motion carried 7-0. TV CABLE REGULATORY COMMISSION: Charlie Ellis. Markham moved that Charlie Ellis be reappointed to a three year term which will expire 6-30-03. Seconded by Buo!' Motion carried 7-0. 9 Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Robbins. Motion carried 7-0. Proofs of publication on notice of hearing to consider rezoning property located at 26th and Pinard Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District to allow construction of an employee parking lot, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Robbins. Motion carried 7-0. Tom Prohaska of Klauer Manufacturing spoke in support of the rezoning. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the northwest corner of 26th and Pinard Streets from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District, with first and second readings given on 6/19/00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 54-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT NORTHWEST CORNER OF 26TH AND PINARD STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-2 Two-Family Residential District to R-2A Alternate Two-Family Residential District, to wit: Lot 283 and Lot 284 Glendale Addition No.3, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 5th day of July, 2000. Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of July, 2000. Jeanne F. Schneider, City Clerk 1t 7/10 Buol moved final consideration and passage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor Proof of publication on notice of hearing to consider amending the ID Institutional District to add classrooms as a permitted use and allow the installation of a portable classroom, presented and read. Buol moved that the proof be received and filed. Seconded by Markham. Motion carried 7-0. Jim Unsen of Hillcrest Family Services spoke in support of the amendment. 10 An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinance 41-92 which adopted regulations for the Hillcrest Family Services Institutional District, with first and second readings given on 6/19/00, now presented for final action. (OFFICIAL PUBLICATION) ORDINANCE NO. 55-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 41-92 WHICH ADOPTED REGULATIONS FOR THE HILLCREST FAMILY SERVICES INSTITUTIONAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances and Ordinance 41-92 be amended by adding classrooms as a permitted use for the following property, to wit: All of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision except the southeasterly 38 feet thereof, Lot 2 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261; Lot 1 of the Subdivision of Lot 1 of Lot 2 of Mineral Lot 261, Mettel Link Place; Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; Lot 1 and Lot 2 of Peterson's subdivision; all of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision except for the southeasterly 38 feet thereof, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional District and of the Zoning Ordinance, the above described property is subject to the following conditions and restrictions A. Use Regulations The following regulations shall apply to all uses made of land in the above described ID Institutional District: 1) Principal permitted uses shall be limited to the following: a) Residential care facilities [18] b) Classrooms [45] c) Offices for administrative personnel or other institutional employees or affiliates [14] d) Off-street parking and loading [N/A] e) Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates [45] f) Existing private uses of structures situated within an ID District for which the R-3 District standards shall apply [N/ A] 2) Accessory uses shall be limited to all uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include institutional use outside a principal building. B. Lot and Bulk Regulations. Development of land in the ID Institutional District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached amended conceptual development plan. 2) A minimum front yard setback of 25 feet is required for all structures. 3) All final site development plans shall be approved in accordance with the ID Institutional District regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa. C. Performance Standards 11 The development and maintenance of uses in this ID Institutional District shall be established in conformance with the regulations of Section 3-5.2 of the ID Institutional District. D. Site Development Standards The site development standards for this ID Institutional District shall be established as follows: 1) Landscaping and screening requirements shall be established in accordance with the requirements of Section 4-5 of the Zoning Ordinance of City of Dubuque, Iowa. All other site development standards of Section 4-4 shall apply. 2) All portable classrooms located in this ID District shall be removed by Hillcrest Family Services no later than June 30, 2003. E. Sign Regulations The sign regulations shall be the same as that which are allowed for ID Districts in Section 4-3.11 of the Zoning Ordinance of the City of Dubuque, Iowa. F. Parking Standards The off-street parking requirement for the principal permitted uses for the herein described ID Institutional District which are designated by a bracket enclosed number next to the use shall be as described in Section 4-2.7 of the Zoning Ordinance of the City of Dubuque, Iowa, but in no case less than shown on the conceptual plan adopted by the City Council on June 1, 1992. G. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement, the provision that the purchaser or leasee acknowledges awareness of the conditionals authorizing the establishment of the district. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 55-00 I, Paul D. Porter, Hillcrest Family Services, having read the terms and conditions of the foregoing Ordinance No. 55-00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 5th day of July, 2000. By /s/ Paul D. Porter Hillcrest Family Services Published officially in the Telegraph Herald newspaper this 10th day of July, 2000. 1t 7/10 Jeanne F. Schneider, City Clerk Buol moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. Proof of publication on notice of hearing to consider rezoning property on U.S. Highway 20 from C-3 General Commercial and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of a new Menard's store, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Vote on the motion was as follows: Yeas--Nicholson. Nays--Michalski, Robbins, Buol, Cline, Duggan, Markham. Motion failed. T~m{ O'.N.. eill lor Menard SPo. ke i~~ort 0..1 this request. .--;;; /~?' ~ ~~J--e;:z~_O~J ~-AI'~/' / /-~-/ , ) V~/ .-'.~-~/ ~~~ d~~~>A//A/ r~-/A~/~,f~~ ?f~~ 12.~ if ~ ~~. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along U.S. Highway 20 west of Wests ide Court from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., with first and second readings given on 6/19/00, now presented for final action. Buol moved final consideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas--Nicholson. Nays--Buol, Cline, Duggan, Markham, Michalski, Robbins. MOTION FAILED. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the Five Flags Center Arena Seat Replacement Project and City Manager recommending to award contract for project, and communication from Country Roads, Inc., regarding the Dubuque Five Flags Arena Seat Replacement Project and response from Corporation Counsel Barry Lindahl, presented and read. Buol moved that the proof and communicati~. received and filed. Seconded by Nicholson. Motion carried 7-0. (~ RESOLUTION 297-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS WHEREAS, on the 5th day of June, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the FIVE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT. WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 298-00 AWARDING CONTRACT WHEREAS, sealed proposals have been submitted by contractors for the FIVE FLAGS CENTER ARENA SEAT REPLACEMENT PROJECT pursuant to Resolution No. 252-00, and notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the 23rd day of June, 2000. WHEREAS, said sealed pro re 0 d and read on the 22nd day of June, 2000, and it has been determined that the bid ~M6'L o/'jtJ in the amount of $166,155 was the lowest bid for the furnishings of all labor a . performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY UBUQUE, IOWA: That the contract for the above improvement be awarded 0 S 'spft'{)!(, and the Manager be and is hereby directed to execute a contract on behalf of ubuque for the complete performance of the work. BE IT FURTHER RESOLVED: 13 That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the City Hall Remodeling (Interior Work) Project and City Manager recommending to award contract for project, presented and read. Markham moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 299-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31st day of May, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall Remodeling - Interior Work. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 300-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the City Hall Remodeling - Interior Work Project pursuant to Resolution No. 257-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of June, 2000. Whereas, said sealed proposals were opened and read on the 27th day of June, 2000, and it has been determined that the bid of Kluck Construction of Dubuque, Iowa, in the amount of $68,000.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Kluck Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 14 Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for the City Hall Remodeling (Exterior Work) Project and City Manager recommending to award contract for project, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 301-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 31st day of May, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the City Hall Remodeling - Exterior Work. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 302-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the City Hall Remodeling - Exterior Work Project pursuant to Resolution No. 260-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 9th day of June, 2000. Whereas, said sealed proposals were opened and read on the 27th day of June, 2000, and it has been determined that the bid of Kluck Construction of Dubuque, Iowa, in the amount of $262,600.00 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Kluck Construction and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the Parking Lot at Third and Main Streets and City Manager recommending that the bid 15 received be rejected, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 303-00 RESOLUTION RESCINDING RESOLUTION NO. 261-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF THE PARKING LOT AT THIRD & MAIN STREETS Whereas, an advertisement for bids for the construction of the Third Street Ramp was published on June 9, 2000; and Whereas, the City Council deemed it advisable to reject all bids received and re-bid the project at a later date with modifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That Resolution No. 261-00, Preliminary Approval of Plans and Specifications for the construction of the Third Street Ramp be rescinded and that the said project be re-bid at a later date. Passed, approved, and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Proofs of publication on notice of hearing on plans and specs and notice to bidders on the receipt of bids for construction of the 2000 PC Concrete Paving Project No.2 (Burden Avenue and North Burden) and City Manager recommending to award contract for project, presented and read. Markham moved that the proofs and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 304-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the 2000 PC Concrete Paving Project - No.2 pursuant to Resolution No. 280-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of June, 2000. Whereas, said sealed proposals were opened and read on the 22nd day of June, 2000, and it has been determined that the bid of Tschiggfrie Excavating of Dubuque, Iowa, in the amount of $823,841.49 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the plans and specifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the contract for the above improvement be awarded to Tschiggfrie Excavating and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Buol moved that the rules be reinstated limiting discussion to Council. Motion carried 7-0. Motion carried 7-0. Seconded by Nicholson. 16 Communication of City Manager recommending approval of a projecting sign in the public right-of-way at 543 West 8th Street (Michael J. Koch), presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. An Ordinance authorizing Michael J. Koch to construct a projecting sign at 543 West 8th Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 56-00 AN ORDINANCE AUTHORIZING MICHAEL J. KOCH TO CONSTRUCT A PROJECTING SIGN AT 543 W. 8TH STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Michael J. Koch as the owner of the premises known as 543 W. 8th Street, Dubuque, Iowa, legally described as Lot 2 of Lot 12 of City Lot 703, Lot 1 and west 1/2 of Lot 11 of City Lot 688 and part of City Lot 654, and Lot 1 of east 1/2 of Lot 11 of City Lot 688 and part of City Lot 654 be and they are hereby granted the revocable permit and authority to construct and maintain a sign under the trms and conditions set forth in this Ordinance. Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' agreement t a. Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said sign; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, construction or maintenance of said sign, sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, installation, existence, construction or maintenance of sign and to pay reasonable attorney fees therefor; and d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, loss, liability and expense for death and/or injuries to third persons or damages to property of third persons, or for damage to any property of the City of Dubuque which may occur as a result of or in connection with the location, installation, existence, construction, maintenance and repair of the facility, work or improvement permitted herein. Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice from the City Manager, so to do, at their own expense, remove said sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said sign at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said sign. 17 Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree not to assert such claim or defense against the City of Dubuque in the event of claim asserted for death, personal injuries and/or property damage against the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Michael J. Koch when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 56-00 I, Michael J. Koch, the undersigned, having read and being familiar with the terms and conditions of Ordinance No. 56-00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. By: /s/ Michael J. Koch Title: Owner Dated: June 13, 2000 Published officially in the Telegraph Herald newspaper this 10th day of July, 2000. Jeanne F. Schneider, City Clerk 1 t 7/10 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0. City Manager submitting documents providing for construction of the redesigned Third Street Parking Ramp and recommending that a public hearing be set for August 7, 2000 and communication of Brian J. Kane, Counsel for The Fischer Companies, regarding the design of the Third Street Parking Ramp, and communication of P.S. Vedi, Architect for the project, responding to concerns expressed by the Fischer Companies, presented and read. Buol moved that the communications be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 305-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF D~IQ~A: ~pr"poslld.p@ns, specifications, form of contract and estimated cost for t cMS(.I'It1 ~ ~ T%ftb ~J(t)0" R~in the estimated amount of $5,000,000.00 are hereby approved and ordered filed in the office of the City Clerk, for public inspection. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor 18 Attest: Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 306-00 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 f ract and laced same on file in the office of the City Clerk for the public inspection of th TRUCTION OF THE THIRD STREET R 5Cb//'J'ud4 pC?C6" NOW, THEREFORE, BE IT RESOLVED, BY THE COUN CITY OF DUBUQUE, IOWA, that on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which 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 contract, or estimated cost of the improvement. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. A ?:P' '3 t?:? ~cf#1J ,t4 ;:/ RESOLUTION NO. 307-00 ORDERING BIDS NOW, THER IT RESOLVED BY THE CITY COUN OF THE CITY OF DUBUQUE, IOWA: That th NSTRUCTION OF THE THIRD STREET RA 's hereby ordered to be advertised for bids. BE IT FURTHER mount 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 purchase of materials herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall not be less than four days nor more than twenty days prior to the receipt of said bids at 2:00 p.m. on the 25th day of July, 2000. 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 7th day of August, 2000. Passed, approved and adopted this 5th day of July, 2000 Terrance M. Duggan, Mayor Attest: Jeanne Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. City Manager submitting documents providing for construction of the Chicago Street Sanitary Sewer Extension Project and recommending that a public hearing be set for August 7, 2000, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 308-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 19 That the proposed plans, specifications, form of contract and estimated cost for the Chicago Street Sanitary Sewer Extension Project, in the estimated amount of $162,880.62, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 309-00 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 Chicago Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 310-00 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 Chicago Street Sanitary Sewer Extension Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the capital improvement project for the City Share of Special Assessments, and special assessment bonds may be issued in 20 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 5th day of July, 2000. Approved and placed on file for final action. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 311-00 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 Chicago Street Sanitary Sewer Extension Project, and, Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of August, 2000, a public hearing will be held at 6:30 o'clock p.m. in the Public Library Auditorium in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity and the City Clerk be and is hereby authorized and directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the Resolution of Necessity they shall be deemed to have waived all objections thereto. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 312-00 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 Chicago Street Sanitary Sewer Extension Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. ~~~~ 21 City Manager submitting documents providing for construction of the Walker and Oneida Street Storm Sewer Replacement Project and recommending that a public hearing be set for August 7, 2000, presented and read. Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 313-00 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 Walker and Oneida Street Storm Sewer Replacement Project, in the estimated amount of $160,043.46, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 314-00 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 Walker and Oneida Street Storm Sewer Replacement Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That on the 7th day of August, 2000, a public hearing will be held at 6:30 p.m. in the Public Library Auditorium at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a notice of time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be not less than four days nor more than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 315-00 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Walker and Oneida Street Storm Sewer Replacement Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the notice to bidders hereby approved as a part of the plans and specifications heretofore adopted. That the City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall not be less than four days nor more than forty-five days prior to the receipt of said bids 22 at 2:00 p.m. on the 27th day of July, 2000. 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 7th day of August, 2000. Passed, adopted and approved this 5th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of th~,--r,esolution. Seconded by Nicholson. Motion carried 7-0. /J ~~--ue-eUL~A2e~ ~ W ./Z/?LJJc2'~V -t!f) Dan Walsh, Director of Gove~rn nt and.Business Affairs for the Chamber of Commerce, Sp-oke sta!iA'9 he is looking forward to worki g t City. C\>uncil. ?V/~V At 8: 14 P.M. Michalski moved to go into Closed Session re: Purchase of Real Estate (Iowa Code ~21.5(1 )(j) and Pending Litigation (Iowa Code ~21.5(1 }(c). Seconded by Nicholson. Motion carried 7-0. At 8:51 P.M. Council reconvened Regular Session stating that Staff had been given proper directio There being no further business, Buol moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 8:52 P.M. /s/ Jeanne F. Schneider City Clerk Approved Adopted ,2000 ,2000 Mayor Council Members Attest: City Clerk 23 ~ TO: JEANNE F. SCHNEIDER CITY CLERK YOU ARE HEREBY DIRECTED TO CAll THE REGULAR SESSION OF THE CITY COUNCil TO BE HELD ON WEDNESDAY, JULY 5, 2000, AT 6:30 P.M., IN THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL Terrance M. Duggan, Mayor 7/5/00