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07 17 00 Minutes this Meeting CITY COUNCil OFFICIAL L~'~ 1/21 -------- Board of Health met July, 17, 2000 at 6:23 P.M., Public Library Auditorium Present: Chairperson Duggan, Board Members Buol, Cline, Markham, Michalski, Nicholson, Robbins. Chairperson Duggan read the call and stated this is the Regular Session of the Board of Health called for the purpose of acting upon such business which may properly come before the Board of Health. Communication of Public Health Specialist Mary Rose Corrigan regarding update on City Board of Health Dissolution Transition Process, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Mary Rose Corrigan spoke of the transition process of the City Health Board. There being no further business, Robbins moved to adjourn. Seconded by Nicholson. Motion carried 7-0. The meeting adjourned at 6:30 P.M. /s/ Jeanne F. Schneider Secretary, Board of Health Approved Adopted ,2000 ,2000 Chairperson Board Members Attest: Secretary, Board of Health 1 CITY COUNCil OFFICIAL City Council, Regular Session, July 17, 2000 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Markham, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry A. 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 Rev. Ed Brady, Pastor of Faith United Methodist Church. Minutes: Airport Commission of 6/26; Historic Preservation Commission of 6/15; Housing Commission of 6/28; Park and Recreation Commission of 6/13; Public Library Board of 5/25, presented and read. Buol moved that the minutes be received and filed. Seconded by Nicholson. Motion carried 7-0. Kenneth J. TeKippe submitting the Financial Report for the month ending June 30, 2000, presented and read. Buol moved that the report be received and filed. Seconded by Nicholson. Motion carried 7-0. Proof of publication of Council Proceedings for 5/18, presented and read. Buol moved that the proof be received and filed. Seconded by Nicholson. Motion carried 7-0. Printed Council Proceedings for April, 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Nicholson. Motion carried 7-0. Claims/Suits: Lois and Joseph Stelken in estimated amount of $396.73 for vehicle damage; Farm Bureau Mutual Ins. Subrogation Claim for Robert Gruel in estimated amount of $810.00 for property damage; Robert E. Welu in an undetermined amount for personal injury, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Nicholson. Motion carried 7-0. Communication and petition from David W. Leifker to preserve the Town Clock Plaza and Communication of Casey J. Arensdorf expressing his opinion on the opening of the Town Clock Plaza, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Petition of residents of Douglas, Parkway, Langworthy, and College Streets regarding the upcoming reconstruction of their streets and the installation of water shut-off boxes and communication of City Manager advising that requested stop boxes are being used, presented and read. Buol moved that the petition and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Communication of Chris Austin requesting that 1961 and 1975 North Grandview be added to the Residential Parking Permit District C (Senior High School area), presented and read. Buol moved that the communication be referred to the City Manager. Seconded by Nicholson. Motion carried 7-0. 2 . City Manager recommending acceptance of the Guarantee Agreement for the purchase of the Klauer property in Riprow Valley, presented and read. Buol moved that the communication be received and filed 'and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. City Manager recommending assignment of the grant agreement to Prodigy Child Development, Inc. under the new ownership of Alan Arzu, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 316-00 A RESOLUTION CONSENTING TO AN ASSIGNMENT AGREEMENT FOR KINDERLAND LEARNING CENTER (PRODIGY, INC.) CHILDCARE INITIATIVE GRANT TO PRODIGY CHILD DEVELOPMENT, INC. Whereas, the City of Dubuque, Iowa, provided a Child Care Initiative Grant to Kinderland Learning Center, now known as Prodigy, Inc. on March 13, 1997 for the expansion of the day care facility at 715 Locust; and Whereas, owner Pat Mohr, now known as Patricia Scott, is proposing to sell the business assets to Alan Arzu under the new corporation of Prodigy Child Development, Inc.; and Whereas, Patricia Scott has asked the City to consent to the assignment of Child Care Initiative Grant Agreement to Prodigy Child Development, Inc.; and Whereas, the Assignment Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Assignment Agreement 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 consent of the City of Dubuque to the attached Assignment Agreement. Passed, approved and adopted this 17th 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 The Iowa Department of Natural Resources submitting the Wastewater Compliance Evaluation Inspection report for the Water Pollution Control Plant, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Cable Franchise Administrator Merrill Crawford advising of the vacancy on the Cable Community Teleprogramming Commission, presented and read. Michalski moved that the communication be received and filed and expressed gratitude to Russell Nash for the his long term of service in this capacity. Seconded by Robbins. Motion carried 7-0. City Manager recommending City's support and participation for the Grand Excursion 2004 Event, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 317-00 SUPPORTING THE PLANNING FOR THE GRAND EXCURSION 2004 EVENT WHEREAS, the City of St. Paul, Minnesota, has initiated planning for a "Grand Excursion 2004" event to be held in 2004 to commemorate the 150th anniversary of the 1854 Excursion; and WHEREAS, the historical 1854 Grand Excursion made a stop in Dubuque; and 3 . WHEREAS, the Grand excursion 2004 event is planned to include communities along the Upper fVIississippi River to showcase Upper Mississippi communities riverfront revitalization efforts; and WHEREAS, Dubuque has made continuous progress in improving its riverfront, developing downtown historic commercial districts, and expects to have additional river-related improvements, such as the America's River project, including the River Discovery Center and Riverwalk, hotel/water park, and a new National Education and Conference Center by 2004; and WHEREAS, Dubuque has been asked to participate in the Grand Excursion 2004 event. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Hereby expresses the City's support for the Grand Excursion 2004 event concept and its expectation that it will participate in the planning for said event. BE IT FURTHER RESOLVED: That the Dubuque Convention and Visitors Bureau is asked to play the lead role in planning the Dubuque portion of the Grand Excursion 2004 with support from the Dubuque Area Chamber of Commerce, Dubuque County Historical Society, and assistance from appropriate City of Dubuque staf Passed, approved and adopted this 17th 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 City Manager recommending to assess $500 Civil Penalty against the Walnut Tap for selling alcohol to an underage person, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 318-00 WHEREAS, on June 2, 2000, Craig Weiner was convicted in Dubuque County District Court, Docket No. SMCR042161, of violating Iowa Code Section 123.49(2)h (a copy of said conviction is attached hereto and incorporated herein by reference) and WHEREAS, at the time of the above violation Craig Weiner was the licensee of the Walnut Tap, and WHEREAS, said violation is the first violation of this section within a period of two (2) years, and WHEREAS, Iowa code section 123.50(3), as amended, provides that a licensee who violates said section shall be assessed a civil penalty in the amount of $500.00, WHEREAS, Iowa code section 123.39, as amended, provides that local authorities shall retain such civil penalties if the proceeding to impose the penalty is conducted by the local authority, NOW, THEREFORE BE IT RESOLVED, that the City Council, City of Dubuque pursuant to the authority of the above cited sections hereby imposes a civil penalty in the amount of $500 against Craig J. Weiner, D/B/A Walnut Tap, 709 University, Dubuque, Permit No. LC0023025. FURTHER, BE IT RESOLVED that said license holder has thirty (30) days from the date of notice of the Resolution to pay such penalty in full to the City of Dubuque. Failure to pay this penalty shall result in a fourteen (14) day suspension of the liquor license and or beer permit held by the licensee. BE IT FURTHER RESOLVED that the City Council, City of Dubuque is hereby directed to notify the license holder of this action by providing to said license holder a certified copy of this Resolution. Such notice shall be by certified mail, return receipt requested. FURTHER, that such license holder is hereby notified that license holder has the right to appeal the imposition of this civil penalty to the Alcoholic Beverages Division of the Department of Commerce by filing written notice of appeal with said Division and with the City Council, City of Dubuque within twenty-one (21) days from the date of service of this Resolution. 4 FURTHER, that the City Council, City of Dubuque shall mail a copy of this Resolution to: Licensing Bureau, Alcoholic Beverages Division, Department of Commerce, 1918 S.E. Hulsizer Avenue, Ankeny, 'Iowa 50021. This Resolution is passed this 17th 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 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 Account Clerk I was given on June 20, 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. Jeannette C. Raby Laurie J. Moe Annette M. Jones Jean M. Delaney Deb A. Gross Karen S. Ohnesorge Peggy S. Gruber Jane M. McCarthy Sue A. Welter Jean A. Walshire Lola A. Twaites Sherri L. Wolf Jacqueline A. Lambe Beverly K. Mueller Tara A. Flannery Joan A. Casey Rosemary T. Lehr Respectfully submitted, /s/ Loras J. Kluesner, Chairperson /s/ Merle Duehr /s/ Richard Wertzberger Civil Service Commission July 11, 2000 Curran J. Smothers Dan L. Hansen Chris G. Feldman Sandra M. Stohlmeyer Colleen M. Horsfield Gregory L. Williams Richard R. Hanselmann Daniel W. Murphy Sharon A. Geers Melissa A. McGinnis Patricia A. Ostrander Marcia C. Underwood Mary L. Koehler Kathleen E. Rogers Kris A. Terwilleger Cheryl L. Steckel Nancy L. Berry 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 Public Safety Dispatcher was given on June 28, 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 Public Safety Dispatcher James P. Abitz John F. Callahan Beth A. Saylor Joseph M. Young July 11, 2000 5 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 received and filed and made a matter of record. Seconded by Nicholson. Motion carried 7-0. City Manager recommending a grant Agreement with the Iowa Department of Transportation for statewide TEA-21 transportation enhancement funds for the Railroad Freight House Restoration Project in the amount of $629,121, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 319-00 RESOLUTION APPROVING A TEA-21 GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (lOOT) FOR THE RAILROAD FREIGHT HOUSE RESTORATION PROJECT Whereas, the Dubuque County Historical Society (DCHS) has been awarded a $629,100 grant by the lOOT for the Railroad Freight House Restoration Project; and Whereas, the DCHS has the necessary 30% matching funds of $269,600 available for this project; and Whereas, the lOOT requires approval of a TEA-21 grant agreement for this project with the City 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 submit this grant agreement to the lOOT. Section 2. That the DCHS stipulates that the Society has the required 30% matching funds available for this grant. Section 3. That the DCHS stipulates that it will assume responsibility for adequate maintenance of any new or improved facilities as a result of this application for a minimum of 20 years following project completion. Section 4. That the City of Dubuque and the DCHS hereby agree to abide by the terms of this agreement with lOOT. Passed, approved and adopted this 17th 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 City Manager recommending approval of a grant agreement with the Iowa Department of Transportation for local TEA-21 transportation enhancement funds awarded by DMATS for the Railroad Depot Restoration Project in the amount of $444,100, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 320-00 RESOLUTION APPROVING A TEA-21 GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION (lOOT) FOR THE RAILROAD FREIGHT HOUSE RESTORATION PROJECT Whereas, the Dubuque County Historical Society (DCHS) has been awarded a $629,100 grant by the lOOT for the Railroad Freight House Restoration Project; and Whereas, the DCHS has the necessary 30% matching funds of $269,600 available for this project; and 6 Whereas, the IDOT requires approval of a TEA-21 grant agreement for this project with the City . 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 submit this grant agreement to the IDOT. Section 2. That the DCHS stipulates that the Society has the required 30% matching funds available for this grant. Section 3. That the DCHS stipulates that it will assume responsibility for adequate maintenance of any new or improved facilities as a result of this application for a minimum of 20 years following project completion. Section 4. That the City of Dubuque and the DCHS hereby agree to abide by the terms of this agreement with IDOT. Passed, approved and adopted this 17th 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 Historic Preservation Commission requesting to keep the brick pavement on 15th Street between Locust St. and Main St. when it is reconstructed in FY 2004, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of a Purchase of Services Agreement between the Dubuque Humane Society and the City of Dubuque for provision of animal shelter services from July 1, 2000 through June 30, 2001, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. City Manager recommending approval of Hillcrest Usage Agreement for use of Murphy Park from November 1 st, 2000 through January 12, 2001 for holiday light display, presented and read. Buol moved that the communication be received and filed and concurred with the recommendation. Seconded by Nicholson. Motion carried 7-0. City Manager requesting approval of an agreement with IA Dept. of Transportation relating to early right-of-way acquisition for future highway improvements in the U.S. Corridor from the City west corporation line to Devon Dr., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 321-00 RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO EARLY RIGHT-Of-WAY ACQUISITIONS fOR FUTURE HIGHWAY IMPROVEMENTS IN THE U.S. 20 CORRIDOR Whereas, the Department of Transportation has prepared and submitted to the City Council for approval, an agreement relating to the relative responsibilities of the Iowa Department of Transportation to allow the early acquisition of right-of-way for corridor preservation and property ownership economic hardship cases; 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 the Right-of-Way Agreement for City Street Relocations and/or Reconstruction, No. 2000-1-182, consisting of an agreement for the reconstruction of U.S. 20 from the west corporation line easterly to Devon Drive, be approved. 7 Section 2. That the City Manager be authorized and directed to execute two (2) copies of the right.of-way agreement, and forward the executed copies to the Iowa Department of Transportation for . their approval. Passed, adopted and approved this 17th 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 City Manager recommending acceptance of a Quit Claim Deed for a right-of-way purchase on Pennsylvania Ave. near the Northwest Arterial from the Assemblies of God Ministers Benefit Assn., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 322-00 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON PENNSYLVANIA AVENUE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with Assemblies of God Ministers Benefit Association, pursuant to which Assemblies of God Ministers Benefit Association agreed to convey all that part of the following described property lying north of the centerline of Pennsylvania Avenue: Lot 1 of Lot 1 of Lot 2 of Bryne's Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on the Exhibit A thereof; and Whereas, Assemblies of God Ministers Benefit Association has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from Assemblies of God Ministers Benefit Association, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 17th 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 City Manager recommending acceptance of the Bee Branch Storm Sewer Cleaning Project and the final contract be established at $307,175.90, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 323-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Bee Branch Storm Sewer Cleaning Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. 8 .BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the FEMA Public Assistance Funds and the Storm Sewer Construction Fund in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 17th 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 RESOLUTION NO. 324-00 FINAL ESTIMATE Whereas, the contract for the Bee Branch Storm Sewer Cleaning Project has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices and inspection and all miscellaneous costs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the cost of said improvement is hereby determined to be $307,175.90 and the said amount shall be paid from the FEMA Public Assistance Funds and the Storm Sewer Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 17th 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 City Manager recommending that the Administrative Services Manager, the Finance Director and the Assistant Finance Director be authorized to execute electronic investment transactions with Treasury Direct on behalf of the City, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 325-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO EXECUTE ELECTRONIC INVESTMENT TRANSACTIONS WITH TREASURY DIRECT ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has established a book-entry account with Treasury Direct; and Whereas, the City of Dubuque invests short-term funds in the U.S. Treasury securities through Treasury Direct; and Whereas, the City of Dubuque can improve cash management through electronic processing provided by Treasury Direct; and Whereas, the City Council has determined that the fiscal officers who may execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque are Administrative Services Manager, Finance Director, and Assistant Finance Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Administrative Services Manager, Finance Director, and Assistant Finance Director are hereby authorized to execute electronic investment transactions with Treasury Direct on behalf of the City of Dubuque. Passed, approved and adopted this 17th 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 9 City Manager recommending that the Administrative Services Manager, Finance Director, and Assistant Finance Director to sign checks and drafts on behalf of the City, presented and read. Buol "moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 326-00 RESOLUTION AUTHORIZING CERTAIN DESIGNATED FISCAL OFFICERS OF THE CITY OF DUBUQUE TO EXECUTE CHECKS ON BEHALF OF THE CITY OF DUBUQUE Whereas, the City of Dubuque deposits certain funds in local commercial banking institutions; and Whereas, these commercial banking institutions require authorization by the City Council for certain fiscal officers to sign such checks and drafts; and Whereas, the City Council has determined that the fiscal officers who may sign checks and drafts on behalf of the City of Dubuque are Administrative Services Manager, Finance Director and Assistant Finance Director. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Administrative Services Manager, Finance Director, and Assistant Finance Director are hereby authorized to sign checks and drafts on behalf of the City of Dubuque. Section 2. That the foregoing fiscal officers are also hereby authorized to sign the authorization cards from the commercial banking institutions. Passed, approved and adopted this 17th 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 City Manager recommending that Finance Director Kenneth J. TeKippe be appointed as City Treasurer, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 327-00 RESOLUTION NAMING FINANCE DIRECTOR KENNETH J. TEKIPPE AS CITY TREASURER FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Code ~372.8 and ~2-106 of the City of Dubuque Code of Ordinances state that the City Manager shall appoint a Treasurer subject to the approval of the City Council; and Whereas, the City Manager has determined that the Finance Director, Kenneth J. TeKippe, should perform these duties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Finance Director, Kenneth J. TeKippe is hereby appointed as the City Treasurer for the City of Dubuque, Iowa. Passed, approved and adopted this 17th 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 City Manager recommending authorization for the City to enter into a three year extension of membership in the Iowa Communities Assurance Pool (ICAP) for insurance coverages (General Liability, Auto Liability, Wrongful Acts Officials Liability, Law Enforcement Liability), which covers the period of 7/1/02 through 7/1/05, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Seconded by Nicholson. Motion carried 7-0. 10 City Manager recommending authorization to sign the U.S. Army Corps of Engineers 404 Construction Permit Application for construction of the Mississippi River Discovery Center Wetland Project, .the construction of the Harbor Walk and the installation of Boat Docks, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 328-00 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE CORPS OF ENGINEERS CONSTRUCTION PERMIT APPLICATION FOR THE MISSISSIPPI RIVER DISCOVERY CENTER WETLAND CONSTRUCTION IN THE ICE HARBOR, THE CONSTRUCTION OF THE HARBOR WALK AROUND THE EDGE OF THE ICE HARBOR, AND THE INSTALLATION OF BOAT DOCKS Whereas, the Dubuque Historical Society is proposing to construct the Mississippi River Discovery Center in the Ice Harbor, and a portion of the development includes the construction of a proposed wetland area along the northwest corner of the Ice Harbor; and Whereas, a permit application is required by the U.S. Army Corps of Engineers; and Whereas, the City of Dubuque is the owner of the property and the Dubuque County Historical Society is leasing the property, the permit application must be executed by both parties; and Whereas, the City Council of the City of Dubuque approves the terms and conditions of said permit application. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the U.S. Army Corps of Engineers permit application for the construction of a wetland along the northwest corner of the Ice Harbor, in conjunction with the Mississippi River Discovery Center Project and Harbor Walk around the westerly edge of the Ice Harbor, and the installation of modular transient boat docks, along the westerly edge of the Ice Harbor, be and hereby is approved. Section 2. That the City Manager be authorized and directed to execute four (4) copies of the permit application and forward them along with the signature of the Dubuque County Historical Society to the U.S. Corps of Engineers for further review and comment by various Federal, State, and Local agencies. Passed, adopted and approved this 17th 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 City Manager recommending approval of a financial assistance package to assist the expansion of Precision Tool & Engineering, Inc., presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 329-00 A RESOLUTION AUTHORIZING A COMMITMENT LETTER AND THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN OF ONE HUNDRED THOUSAND DOLLARS ($100,000) TO PRECISION TOOL & ENGINEERING, INC. Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque has received Community Development Block Grant Funds for the purpose of stimulating economic development activities within the community; and Whereas, the City of Dubuque, Iowa desires to assist the further expansion of Precision Tool & Engineering, Inc. and to create new permanent employment opportunities for low and moderate income citizens; and 1 1 Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof, sets forth the te'rms and conditions of Precision Tool & Engineering Inc. 's participation in the City's CDBG Economic Development Loan Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 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 Precision Tool & Engineering, Inc. Section 2. That the City Manager be and he is hereby directed to prepare, upon receipt and acknowledgment of the attached Commitment Letter by the Company, the necessary loan documents in accordance with the terms and conditions set forth in said Commitment Letter. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the CDBG Economic Development Loan Program, in accordance with the terms and conditions of the executed agreement. Passed, approved and adopted this 17th 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 RESOLUTION NO. 330-00 A RESOLUTION AUTHORIZING ECIA BUSINESS GROWTH, INC. TO PROCEED WITH A LOAN FROM THE CITY OF DUBUQUE'S PORTION OF THE EDA REVOLVING LOAN FUND OF TWO HUNDRED FOUR THOUSAND DOLLARS ($204,000) TO PRECISION TOOL & ENGINEERING, INC. Whereas, the City of Dubuque has funded a portion of the Economic Development Administration's (EDA) Revolving Loan Fund (RLF) which is administered by ECIA Business Growth, Inc.; and Whereas, Precision Tool & Engineering, Inc. has requested financial assistance from ECIA Business Growth, Inc. of $204,000 for the further expansion of their business in the Dubuque Industrial Center; and Whereas, ECIA Business Growth, Inc. has reviewed the request and asked that the City Council authorize the use of loan funds from the City of Dubuque's portion of the EDA Revolving Loan Fund; and Whereas, the City of Dubuque, Iowa desires to assist Precision Tool & Engineering, Inc. in this expansion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That ECIA Business Growth, Inc. is hereby authorized to proceed with a loan to Precision Tool & Engineering, Inc. from the City of Dubuque's portion of the EDA Revolving Loan Fund. Section 2. That the City Clerk is hereby directed to notify ECIA Business Growth, Inc. of said authorization by transmitting a certified copy of this Resolution. Passed, approved and adopted this 17th 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 Dubuque Jaycees, KDTH, KATF, and KGRR Radio requesting permission to conduct a fireworks display on Tuesday, July 3, 2001 on Volunteer Road with a rain date of July 4th, presented and read. Buol moved that the communication be received and filed and request approved, subject to implementation by City Manager. Seconded by Nicholson. Motion carried 7-0. 12 pty Manager adding support to the application for tax credits to the Iowa Inn project, presented and r~ad. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 331-00 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 RENEWAL Sid's Beverage Store Inc. Beverly Miller Passed, approved and adopted this 17th day of July, 2000. 2727 Dodge St Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 332-00 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 "B" BEER PERMIT (5-DA Y SPECIAL EVENT) Four Mounds Foundation + (Outdoor Sale) Summerfest + (Outdoor Sale-Tent A,B,C) CLASS "c" BEER PERMIT Mulgrew Oil Company JFK AMOCO Foodshop + (Sunday Sale) Jean A. Althaus Family Beverage Center + (Sunday Sale) Passed, approved and adopted this 17th day July, 2000. Four Mounds Foundation Inc. Dubuque Area Labor Mngtm 500 E 4th ST Town Clock Plaza 1701 JFK Rd 3400 Central Ave Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 333-00 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. Apple Corps, L.P. House of China Curtis L. Gerhard CLASS "C"(COMMERCIAL) BEER/LIQUOR LICENSE Applebee's Neighborhd. Grill & Bar + (Sunday Sale)1395 Associates Dr House of China + (Sunday Sale) 170 JFK Rd Knickers Saloon + (Sunday Sale) 2186 Central Ave 13 L.Tott's & C.Meyers Tott's Tap + (Sunday/Outdoor Sale) Aramark Educational Service Loras College + (Outdoor Sale) CLASS "B" WINE (WB) Mildred M. Dolter Basket Expressions Jean A. Althaus Family Beverage Center Passed, approved and adopted this 17th day of July, 2000. 3457 Jackson St 1450 Alta Vista Dr 474 Bluff St 3400 Central Ave Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 334-00 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. NEW Madhatters Inc. Dave R Lorenz/Steve Schirm Passed, approved and adopted this 17th day of July, 2000. 1091 Main St Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Request from Dubuque Jaycees to transfer Class B Beer Permit to 555 West Eight for date of 8/11/2000, presented and read. Buol moved that the request be received and filed and approved transfer. 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: HOUSING ADVISORY TRUST FUND COMMITTEE: Doris Hingtgen. Appointments to the following Boards/Commissions: HISTORIC PRESERVATION COMMISSION: Christopher J. Wand (Architect/At Large). Michalski moved that Christopher J. Wand be appointed to the unexpired three year term which will expire 7-1-02. Seconded by Nicholson. Motion carried 7-0. INVESTMENT OVERSIGHT COMMISSION: Paul Lassance, Hiram Melendez. Michalski moved that Paul Lassance and Hiram Melendez be reappointed to three year terms which will expire 7-1-03. Seconded by Nicholson. Motion carried 7-0. PLUMBING BOARD: Stanley G. Gonner (Master Plumber). Markham moved that Stanley G. Gonner be appointed to the Master Plumber position which will expire 11-02-02. Seconded by Robbins. Motion carried 7-0. 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. Request of Buesing & Associates/Plastic Center, Inc., to rezone the southeast corner of the Northwest Arterial and Asbury Road from AG Agricultural District to PUD Planned Unit Development with PC Planned Commercial, PO Planned Office and PR Planned Residential designations, Petition from the residents of the St. Celia Street area neighborhood regarding the proposed development by Plastic Center, 14 Inc., and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordirrances 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 Planned Office and PR Planned Residential District Designations, and adopting a Conceptual Development Plan, with conditions, for Plastic Center, Inc. , with first and second readings given on 6/19/00, now presented for further action. Nicholson moved that this matter be tabled at the request of Plastic Center, Inc. Seconded by Buo!' Motion carried 7-0. Request of R. J. Schiltz to rezone property of Larry & Sharon McDermott at 3556 Crescent Ridge from PUD Planned Unit Development with a PR Planned Residential District designation and AG Agricultural District to R-1 Single Family Residential; communication of Zoning Advisory Commission recommending approval of the request; proof of publication on Notice of Public Hearing to rezone property at 3556 Crescent Ridge, presented and read. Markham moved that the communications and proof be received and filed. Seconded by Cline. Motion carried 7-0. R. J. Schiltz spoke requesting this rezoning. An Ordinance amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances by reclassifying property at 3556 Crescent Ridge from Planned Unit Development with a PR Planned Residential Designation and AG Agricultural District to R-1 Single Family Residential, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 57-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3556 CRESCENT RIDGE FROM PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND AG AGRICULTURAL DISTRICT TO R-1 SINGLE-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 Planned Unit Development with a PR Planned Residential Designation and AG Agricultural to R-1 Single-Family Residential District, to wit: Lot 1 of Mineral Lot 290, Lot 1 of Lot 2 of Mineral Lot 290, and Lot 2 of Mineral Lot 285, 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 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21st day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 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 Cline. Motion carried 7-0. Terrance M. Duggan, Mayor Request of Hartig Realty IV, Richard J. Hartig, to rezone existing Hartig Drug Store the NW Corner of Central Ave. & Kaufman location from C-4 Downtown Commercial to C-3 General Commercial District, 15 comm~nication of Zoning Advisory Commission recommending approval of the request and proof of p.ublication on Notice of Public Hearing to amend the Zoning Ordinance, presented and read. Robbins moved that the communications and proof be received and filed. Seconded by Nicholson. Carried by the following vote: Yeas--Nicholson, Robbins, Buol, Cline, Duggan, Markham. Nays--Michalski. An Ordinance Amending Appendix a (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclassifying Hereinafter Described Property Located at 2225, 2235, 2239-2241 Central Avenue from C-4 Downtown Commercial District to C-3 General Commercial District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 58-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2225, 2235, 2239-2241 CENTRAL AVENUE FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-4 Downtown Commercial District to C-3 General Commercial District, to wit: Lot 5 N 40' of Lot 4, S 10' of Lot 4, Lot 3 N 10' of N 32' of Lot 2, S 22' - N 32' of Lot 2, S 18' of Lot 2, N 4' 8" - N 25' 4" of Lot 1, S 20' 8" - N 25' 4" of Lot 1 and S 24' 8" of Lot 1, all of Tivoli Addition, 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. Passed, approved and adopted this 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21 st day of July, 2000. Jeanne F. Schneider, City Clerk 1t 7/21 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. Carried by the following vote: Yeas--Nicholson, Robbins, Buol, Cline, Duggan, Markham. Nays--Michalski. Terrance M. Duggan, Mayor Request of The Finley Hospital, 350 N. Grandview, to expand The Finley Hospital 10 Institutional District to allow construction of a new medical office building and off-street parking; communication of Zoning Advisory Comm. recommending approval of the request; proof of publication on Notice of Public Hearing to amend the Finley Hospital's 10 Institutional District, presented and read. Buol moved that the communications and proof be received and filed. Seconded by Markham. Motion carried 7-0. Kevin Rogols, Pres. & CEO of The Finley Hospital, spoke in request of the zoning. Dave Schaller and Rick Peterson of The Finley Hospital were in attendance. An Ordinance amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances providing for the amendment of Ordinance 1-93 by approving an Amended Conceptual development Plan for the Finley Hospital 10 Institutional District and reclassifying hereinafter described property located in the 1400 16 block ~f University and including Allison Place from R-2 Two Family Residential District to ID Institutional District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 59-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 1-93 BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE FINLEY HOSPITAL ID INSTITUTIONAL DISTRICT AND RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 1400 BLOCK OF UNIVERSITY AND INCLUDING ALLISON PLACE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO ID 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 Dubuque Code of Ordinances be amended by providing the amendment of Ordinance 35-93 by approving an amended Conceptual Development plan for The Finley Hospital ID Institutional District and by reclassifying hereinafter described property from R-2 Two-Family Residential District to ID Institutional District, to wit: Lot 1, Lot 2 and Lot 3 of Milligan's Subdivision; Lot 1 of Lot 1 of Motor subdivision; Lot 2, Lot 3, Lot 4, Lot 12, NW 2/3 of Lot 13, SE 1/3 of Lot 13, NW 1/3 of Lot 14, SE 2/3 of Lot 14, Lot 15, Lot 1 of Lot 16, Lot 2 of Lot 17, Lot 19, Lot 1 of Lot 20, Lot 2 of Lot 2 of Lot 20 and Lot 1 of Lot 2 of Lot 20, all of Finley Home Addition; Lot 2 of Minard's Subdivision and to the center line of the adjoining public right-of- ways, all in the City of Dubuque. Section 2. That in order to accomplish the purposes of the ID Institutional District and of the Zoning Ordinance, the property herein above described 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) Hospitals. (46) b) Out-patient care facilities. (36) c) Offices for administrative personnel or other institutional employees or affiliates. (14) d) Classroom, laboratories, lecture halls, auditoriums and similar places of institutional assembly. (45) e) Off-street parking and loading. (NA) f) Existing private uses or structures situated within an ID Institutional District for which the R-3 District standards shall apply. (NA) g) Facilities and operations for the diagnosis, care and treatment of human health disorders, including examinations in operating rooms, physical therapy or x-ray facilities, psychiatric treatment, convalescent care and similar hospital-related uses, but not to include commercial uses or uses listed as conditional or accessory uses for this district. this provision shall include separate doctors clinics and other medical facilities not owned or operated by the principal institution and included in the conceptual development plan. (36) h) Group day care center (8). 2) Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a) Restaurants or cafeterias, flower shops, gift shops, and candy, cigar or magazine stands but only when operated or located entirely within a principal building. b) Facilities with a compounding, dispensing or sales of drugs or medicines, prosthetic devices, lotions or preparations, bandages or dressings and similar medical or health-related supplies. 17 c} All uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside the principal building. B. Lot and Bulk Regulations Development of land in the 10 Institutional District shall be regulated as follows: 1} All buildings, structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans to be approved in accordance with the provisions of the 10 Institutional District regulations as provided in the Zoning Ordinance of the City of Dubuque, Iowa. C. Site Development Standards 1} Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. 2} The landscaping and screening requirements shall be established in accordance with the requirements of Section 4-5 of the Zoning Ordinance. D. Additional Standards 1} The off-street parking requirement for the principal permitted uses for the herein described 10 Institutional District shall be shown on the attached amended conceptual development plan. 2} Signage permitted in this 10 Institutional District shall be as follows: a} Nine free-standing signs with a maximum of 50 square feet per sign; b) One free-standing sign with a maximum of 100 square feet per sign; c} 22 wall-mounted signs with a maximum of 50 square feet per sign; d} Four wall-mounted signs with a maximum of 100 square feet per sign; e) One wall-mounted sign with a maximum of 200 square feet; f} Directional signs, as needed" with a maximum sign area of 10 square feet and 10 feet in height. g) That all other sign regulations not herein identified shall conform to Section 4-3.11 Schedule for Sign Regulations for the 10 Institutional District. 3) That all previously approved conceptual development plans are hereby amended to allow for the attached conceptual development plan. E. Time Limitation The conceptual development plan shall be valid for a period of five years provided final site development plans are submitted within the five (5) year time frame. Extensions may be granted by the Zoning Advisory Commission at the request of The Finley Hospital. F. Transfer of Ownership Transfer of ownership or lease of property in this 10 Institutional District shall include the transfer of lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. Passed, approved and adopted this 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 59-00 I, Kevin Rogols, representing The Finley Hospital, having read the terms and conditions of the foregoing Ordinance No. 59-00, and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day of July, 2000. By: Isl Kevin Rogols, President, The Finley Hospital Published officially in the Telegraph Herald newspaper this 21 st day of July, 2000. Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor 1t 7/21 18 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. Request of Jim Stock to amend PR Planned Residential District for Oak Meadow II to allow construction of a new private street and 14 additional condominium units in 7 buildings on the south side of Brunskill Road and Deerwood Circle; communication of Zoning Advisory Commission recommending approval with one condition, that the proposed street be constructed with 25' wide paving and 30' right of way with no parking allowed on either side; proof of publication on Notice of Public Hearing to amend the PR Planned Residential District, presented and read. Buol moved that the communications and proof be received and filed. Seconded by Robbins. Motion carried 7-0. Jim Stock spoke in favor of the rezoning. An Ordinance amending Appendix A (the Zoning Ordinance) of the City Code of Ordinances by reclassifying property at 2702 Brunskill Rd. from R1 Single Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting an amended Conceptual Development Plan, with conditions, for Oak Meadows Condominiums, presented and read (OFFICIAL PUBLICATION) ORDINANCE NO. 60-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY lOCATED AT 2702 BRUNSKill ROAD FROM R-1 SINGLE-FAMilY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR OAK MEADOWS CONDOMINIUMS. 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 R-1 Single-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential designation and adopting an amended conceptual development plan, a copy of which is attached to and made a part hereof, for Oak Meadows Condominiums as stated below, to wit: Lot 2 of M.L. 222, Lot 2 of M.L. 223, Lot 2 of Block 1, Lot 1 thru 4 and Lot A Block 2 of Oak Meadow 2nd Addition, 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 owners further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Reglllations. The following regulations shall apply to all uses made of land in the above described PUD District: 1. Principal permitted uses shall be limited to: a) 56 condominium units 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it . '. . ii' ' \ serves. · /, . B. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 19 1. All multi-family residential structures in the Planned Residential development shall be constructed in substantial compliance with the attached conceptual plan. 2. All buildings and structures shall provide a front yard setback from Brunskill Road of twenty (20) feet. C. 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. The proposed private street (cul-de-sac) shall be constructed to 25 feet wide with curb and gutter and a 30-foot right-of-way. 2. A "hold harmless" agreement between the City and the property owners association shall be provided for damages resulting from solid waste collection and routine or emergency maintenance of City utility systems. 3. That a minimum of 150 feet separation be provided between Deerwood Circle's south access with Brunskill Road and the Mulgrew property driveway access. 4. Recreational facilities as shown and noted on the attached Conceptual Development Plan shall be completed by the end of the 2000 construction season. 5. Sidewalks as shown and noted on the attached Conceptual Development Plan shall be completed by the end of 2000 construction season from Brunskill Road to the last constructed unit. Thereafter, sidewalks shall be installed upon completion of each building. 6. Street lighting as shown and noted on the attached Conceptual Development Plan shall be completed as each phase of the street is constructed. 7. Landscaping as noted on the attached Conceptual Development Plan shall be installed around each two- unit complex when that complex is completed. 8. Two parking spaces per dwelling unit shall be provided. Additional open lot spaces shall be provided as shown on the attached Conceptual Development Plan in lieu of curbside parking. No on-street parking allowed. 9. Storm water detention shall be provided as per City Engineering requirements. 10. All utilities, including telephone and cable television, shall be installed underground. 11. A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa. 12. A Property Owners Association shall be established. D. Open Space and Recreational Areas Open space and landscaping in the PUD District shall be regulated as follows: 1. Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owner and/or association. E. Sign Regulations. Signs in the PUD District shall be regulated as follows: 1. Signs shall be allowed in the Planned Residential Development in accordance with the R-4 Multi-Family Residential District sign regulations of the Zoning Ordinance. F. Transfer of Ownership 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 establishment of the District. G. Reclassification of Suhject Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-1 Single-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owners fail to complete or maintain any of the conditions of this ordinance. H. Modifications. 20 ORDINANCE NO. 61-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION 32-267.1 PROVIDING FOR THE ESTABLISHMENT OF PARKING RESTRICTIONS FOR SEMITRAilERS ON DESIGNATED STREETS OR PORTIONS THEREOF AND ADDING CERTAIN PORTIONS OF HARRISON STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by adding the following new Section 32-267.1 thereof as follows: IISec. 32-267.1 IIParking Restrictions for Semitrailers on Designated Streets or Portions Thereof". Where spaces have been designated by signs or markings for IINo Parking Semitrailers", it shall be unlawful for the operator of any such vehicle to stop, stand or park in the following areas: Harrison Street, east side, from Railroad to its northerly terminus. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk /l 6? Published officially in the Telegraph Herald newspaper thi& day of ~uly 000. G' . Jea e F. Schneider, City Clerk t 7/21 uol moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Robbins. Motion carried 7-0. An Ordinance amending Section 32-262(D) of the City Code Prohibiting Parking on Designated Streets or portions thereof by deleting certain portions of Harrison Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 62-00 AN ORDINANCE AMENDING SECTION 32-262 (D) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PROHIBITING PARKING ON DESIGNATED STREETS OR PORTIONS THEREOF BY DELETING CERTAIN PORTIONS OF HARRISON STREET NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Code of Ordinances is amended by deleting from Subsection (d) of Section 32-262 the following: Harrison Street, both sides, from Railroad Avenue to its northerly terminus. Section 2. The City of Dubuque Code of Ordinances is amended by adding to Subsection (d) of Section 32-262 the following: Harrison Street, west side, from Railroad Avenue to its northerly terminus. Passed, approved and adopted this 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk U e Published officially in the Telegraph Herald newspaper thi~t day f July 2000. e Je e F. Schneider, City Clerk t 7/21 01 moved that the requirement that the proposed Ordinances be considered and voted on for passage at two Council Meetings prior to the meeting at which they are to be finally passed be suspended and further moved final consideration and passage of the Ordinances. Seconded by Robbins. Motion carried 7-0. 22 City Manager recommending the filing of the application for Enterprise Zone Certification for the expansion of Enterprise Zone 1 to include the 4th Street Peninsula/Ice Harbor area, presented and read. Markham moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. RESOLUTION NO. 335-00 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT REQUESTING ENTERPRISE ZONE CERTIFICATION OF AN EXPANSION OF THE EXISTING ENTERPRISE ZONE - 1 IN THE CITY OF DUBUQUE. Whereas, the State of Iowa Department of Economic Development (lDED) is taking applications for the Enterprise Zone program to provide benefits and incentives for redevelopment and reinvestment in areas of a community that meet certain eligibility criteria; and Whereas, the City of Dubuque, Iowa has identified an area which meets the eligibility requirements; and Whereas, the City Council of Dubuque, Iowa has determined that said designation and certification of an expansion of the City's existing Enterprise Zone - 1 will benefit the local economy through the creation of new investment and new jobs for area residents; and Whereas, the City of Dubuque, Iowa is eligible to submit an application for the Enterprise Zone program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for Enterprise Zone Certification to expand the City's existing Enterprise Zone - 1 is approved. Section 2. That the schedule of value-added property tax exemption for this Enterprise Zone shall be rne Dollar ($1.00) per year for ten years. ~ Section 3. That the Mayor is hereby authorized and directed to execute, on behalf of the City Council of the City of Dubuque, Iowa, the appropriate Enterprise Zone application. Section 4. That the City Manager is directed to submit the application to the Iowa Department of Economic Development together with such documents as may be required. Section 5. That, once the expanded Enterprise Zone is certified, a copy of this resolution and all supporting documents be forwarded to the City Assessor. Passed, approved and adopted this 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Terrance M. Duggan, Mayor City Manager advising of IA Dept. of Transportation's denial of City's request to lower the maximum allowable train speed through the City and requesting direction. Discussion ensued as to possible actions. Zoning Advisory Commission Chair Eugene Bird requesting reconsideration of a request to maintain a liaison with the Long Range Planning Commission, and consideration of a compromise solution of the Commissions conducting joint work sessions when needed, presented and read. Buol moved to deny the request for reconsideration. Seconded by Michalski. Vote on the motion was as follows: YeasuBuol, Michalski, Markham. Nays--Nicholson, Robbins, Cline, Duggan. MOTION FAILED. Nicholson then moved to approve a suspension of the liaison position for one year and review the situation then. Seconded by Cline. Carried by the following vote: YeasuCline, Duggan,-Mic;lldbki, Nicholson, Robbins. Nays--Buol, M~rkhom;.;:A . !f~~ --.?-'~~' / //044 /? Eugene Bird, Chair of the Zoning Comm. spoke in support of the deletion of the liaison. ~J c1 23 City Manager recommending the City Council dissolve the City Board of Health and allocate $15,000 to the County Board of Health Dept. for the next three years to assist in funding the public health priorities, presented and read. Robbins moved that the communication be received and filed. Seconded by Nicholson. Carried by the following vote: Yeas--Nicholson, Robbins, Buol, Duggan, Markham. Nays-- Michalski, Cline. An Ordinance amending the City of Dubuque Code of Ordinances by Repealing Sec. 23-1 Providing for a Board of Health; By Repealing Sec. 23-3 Providing for the Conduct of Appeal by the Board of Health; By amending Sec. 7-75 and 7-81 relating to Dangerous Animals, presented and read. 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. Vote on the motion was as follows: Yeas--Nicholson, Robbins, Buol, Duggan, Markham. NaysnMichalski, Cline. Motion failed due to lack of 3/4 vote. City Manager requesting an additional staff person for the Section 8 Housing activity, presented and read. Buol moved that the communication be received and filed and approved request. Seconded by Michalski. Motion carried 7-0. City Manager recommending to authorize the City Manager to execute the contract for services for Phase I of the Fourth Street Peninsula Master Plan to The Durrant Group, Inc., presented and read. Markham moved that the communication be received and filed and concurred with the recommendation. Seconded by Buo!' Motion carried 7-0. City Council Goal Setting date, and upon consensus it was decided that this time be scheduled for 8/28/00 and 8/29/00. City Manager recommending public hearing be held on 8/7/00 to vacate portion of an alley between 61 and 65 South Algona, presented and read. Buol moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 336-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN 61 AND 65 SOUTH ALGONA STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 20, 2000, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated alley between 61 and 65 South Algona Street; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 20, 2000, 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 County, Iowa. Passed, approved and adopted this 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor 24 Buol moved adoption of the resolution. Seconded by Nicholson. Motion carried 7-0. An Ordinance vacating the alley between 61 and 65 South Algona Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 63-00 ORDINANCE VACATING THE ALLEY BETWEEN 61 AND 65 SOUTH ALGONA STREET Whereas, Mark Laird and Wayne Reicher have requested the vacating of an alley between 61 and 65 South Algona Street; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of an alley between 61 and 65 South Algona Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 7 A and SA in O'Neill's Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley between 61 and 65 South Algona Street is no longer required for public use, and vacating of said portions of an alley between 61 and 65 South Algona Street known as Lots 7 A and SA in O'Neill's Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 7 A and SA in O'Neill's Subdivision No.3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 21 st day of July, 2000. Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor 1t 7/21 Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 337-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 7A AND SA IN O'NEILL'S SUBDIVISION NO.3 IN THE CITY OF DUBUQUE, IOWA Whereas, Mark Laird and Wayne Reicher have requested the vacating of an alley between 61 and 65 South Algona Street. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of an alley between 61 and 65 South Algona Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 7 A and SA in O'Neill's Subdivision No. 3 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley between 61 and 65 South Algona Street is no longer required for public use, and vacating and sale of said portions of alleys and streets known as Lots 7A and SA in O'Neill's Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lots 7 A and SA in O'Neill's Subdivision No.3 in the City of Dubuque, Iowa. 25 Section 2. That the conveyance of Lots 7A in O'Neill's Subdivision No.3 in the City of Dubuque, Iowa to Wayne E. and Rita M. Reicher be contingent upon the payment of $1.224.25, plus platting, publication and filing fees. Section 3. That the conveyance of Lots 8A in O'Neill's Subdivision No.3 in the City of Dubuque, Iowa to Mark Laird and Shelley Cue be contingent upon the payment of $1.224.25, plus platting, publication and filing fees. 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 17th day of July, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution and set Public Hearing for this on 8/7/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. City Manager submitting documents providing for reconstruction of street and sidewalk improvements for a portion of Fifth Street from Iowa to Main Street, presented and read. Michalski moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 338-00 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 Fifth Street Reconstruction - Iowa to Main Street Project, in the estimated amount of $234,062.18, are hereby approved and ordered filed in the office of the City Clerk for public inspection. Passed, adopted and approved this 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 339-00 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 Fifth Street Reconstruction - Iowa to Main Street 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 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor 26 RESOLUTION NO. 340-00 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 Fifth Street Reconstruction - Iowa to Main Street Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the resolution of necessity, they shall be deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment procedure. Said improvements shall be constructed and done in accordance with the plans and specifications which have been approved by the City Council and now on file with the City Clerk. That the cost and expense of making such improvement will be assessed partially or totally against privately owned property lying with the assessment limits, and in an amount not to exceed that provided by law, and in proportion to the special benefits conferred. The portion of the cost which shall be borne by the City will be paid from the Street Construction Fund, and special assessment bonds may be issued in anticipation of deferred payments of 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 17th 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. 341-00 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 Fifth Street Reconstruction - Iowa to Main Street 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 17th day of July, 2000. 27 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 342-00 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 Fifth Street Reconstruction - Iowa to Main Street Project and the valuations set out herein are hereby approved. Passed, approved and adopted this 17th 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. City Manager submitting documents providing for initiation of the bidding process for the construction of a parking lot at Third and Main Streets, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 343-00 PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS N Y THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of con stimated cost for the eU<J$'A0~ ~ ;rJ4E P#~ LQf % T~ & MJW<J S , I' the estimated amount of are ere y approvea ana-ord e City Clerk, for public inspection Passed, approved and adopted this 17th 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. 344-00 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 19 ct and plac e on file in the office of the City Clerk for the public inspection 0 UCTION OF TH ~RKIN I lJrREETS. 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 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 hereb 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 mo 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 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor 28 RESOLUTION NO. 345-00 ORDERING BIDS NOW, l]:iEREFOR~cBE IT RESOL\lEDBY THE -CJIYc~QUNCILQEIJjEJ~JTY OF DUBUQUE, IOWA: That the (3 STRUCTION OF THE PARKING LOT AT THIRD & MAIN STREET s hereby ordered t be advertised for bids. c:-:>~ 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 th 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 1 st day of August, 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 17th day of July, 2000. Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor At 8:00 P.M. Buol 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 carrie 7-0. At 8:36 P.M. Council reconvened Regular Session with statement 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 8:37 P.M. Is/Jeanne F. Schneider City Clerk Approved Adopted 2000 2000 Mayor Council Members Attest: City Clerk 29 TO: JEANNE F. SCHNEIDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, JULY 17,2000, 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 6/19/00 TO: JEANNE F. SCHNEIDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE BOARD OF HEALTH TO BE HELD ON MONDAY, JULY 17, 2000, AT 6:20 P.M., IN THE LIBRARY AUDITORIUM TO ACT UPON SUCH BUSINESS WHICH MAY PROPERLY COME BEFORE THE COUNCIL. Terrance M. Duggan MAYOR 6/19/00