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12 18 00 Minutes this Meeting CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, December 18, 2000 Council met in Regular Session 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 Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30, upon motion received and filed. Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, upon motion received and filed. Finance Director submitting the Financial Report for the month ending November 30, 2000, upon motion received and filed. Official Council Proceedings of October, 2000, upon motion approved as printed. Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15; the property damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25.00, upon motion received and filed and directed Finance Director to issue payment. Appointments to the Owner-Occupied Affordable Housing Committee: City Manager recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee, upon motion received and filed and concurred with recommendation. Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach, upon motion received and filed. Buol moved adoption of Resolution No. 590-00 Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach Declaration of Trust dated January 24, 1995. Seconded by Robbins. Motion carried 7-0. Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District, upon motion referred to the City Manager. Certified Local Government Report to State Historic Preservation Office: City Manager submitting the 2000 Certified Local Government Annual Report, upon motion received and filed. Jaeger Heights Subdivision NO.3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No.3, upon motion received and filed. Buol moved adoption of Resolution No. 591-00 Approving the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision No.3, in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails Grant application to IDOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park, upon motion received and filed. Buol moved adoption of Resolution No. 592- 00 Authorizing a grant application for Iowa Department of Transportation Recreational Trails Funds for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park. Seconded by Robbins. Motion carried 7-0. 2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, upon motion received and filed. Buol moved adoption of Resolution No. 593-00 Accepting improvement for project and Resolution No. 594-00 Approving final estimate in amount of $476,674.64. Seconded by Robbins. Motion carried 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65, upon motion received and filed. Buol moved adoption of Resolution No. 595-00 Accepting improvement for project and Resolution No. 596-00 Approving final estimate in amount of $79,448.65. Seconded by Robbins. Motion carried 7-0. North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, upon motion received and filed. Buol moved adoption of Resolution No. 597-00 Accepting improvement for project and Resolution No. 598-00 Approving final estimate in amount of $492,989.56. Seconded by Robbins. Motion carried 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08, upon motion received and filed. Buol moved adoption of Resolution No. 599-00 Accepting improvement for project and Resolution No. 600-00 Approving final estimate in amount of $640,476.08. Seconded by Robbins. Motion carried 7-0. Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of Klauer Manufacturing for removal of parking at several corners in the area of 26th and 27th Streets between Central and Elm Streets has been withdrawn, upon motion received and filed. Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated, upon motion received and filed. Buol moved adoption of Resolution No. 601-00 Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl, Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Seconded by Robbins. Motion carried 7-0. 2 Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry Lazore, new owner of the Redstone Inn, upon motion received and filed. Buol moved adoption of Resolution No. 602-00 Consenting to the assignment of the lease agreement between the City of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement Company to Jerry Lazore. Seconded by Robbins. Motion carried 7-0. Fiscal Year 2002 Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002 Policy Guidelines, upon motion received and filed and approved. Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, upon motion received and filed and approved letter of support. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, upon motion received and filed and approved letter. HOME Investment Partnership Program Contract: Communication from the Iowa Department of Economic Development revising the master contract and funding agreement for the HOME Program by changing the completion date and extending the performance period to June 30, 2001, upon motion received and filed. Business Licenses: Buol moved adoption of Resolution No. 603-00 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Tobacco Outlet Plus and Grandview Milk House; Resolution No. 604-00 Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class "C" Beer Permit to Big 10 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus; Resolution No. 605-00 Granting issuance of Class "B" Beer/Liquor License to Holiday Inn Five Flags and Julien Inn; and Class "C" (Commercial) Beer/Liquor License to Michael's Bar-X and The White House. Seconded by Robbins. 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 Code Appeals Board - Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke. Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Upon vote Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04. PUBLIC HEARINGS Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Westside 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 designation to allow for development of a new Menard's store, upon motion received and filed. Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke in favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor 3 of the project but requested the continuation of a trip lane traffic signal for exiting trucks. Ordinance No. 106-00 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 Westside 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., presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Hughes Court Investment Co./Schneider Land Surveying - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment Co./Schneider Land Surveying, to allow for construction of a warehouse building, upon motion received and filed. Robert Kirpes of 419 Winona spoke in favor of the rezoning. Ordinance No. 107 -00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agricultural District to LI Light Industrial District. Seconded by Cline. Motion carried 7-0. Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow for construction of a duplex, upon motion received and filed. Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two- Family Residential District, presented and read. Markham moved to concur with the denial. Seconded by Cline. Motion carried 7-0. Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Upon motion it was removed from the table. Steve Gorius, 2461 Spring Green, spoke requesting the rezoning. Ordinance No. 108-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Carried by the following vote: Yeas--Duggan, Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, upon motion received and filed. Markham moved adoption of Resolution No. 606-00 Adopting the final assessment schedule for the concrete repairs on Grandview at Delhi project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Nicholson. Motion carried 7-0. Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on 4 notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100, upon motion received and filed. Buol moved adoption of Resolution No. 607-00 Adopting plans and specifications for project and Resolution No. 608-00 Awarding contract to Peterson Contractors, Inc. Seconded by Nicholson. Motion carried 7-0. Upon motion the rule was reinstated limiting discussion to the Council. ACTION ITEMS Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance, upon motion received and filed. Thom Determan spoke requesting the changes. Ordinance No.1 09-00 Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read. 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. Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 589-00 of City of Dubuque support for the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0. Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently reconstructed Fifth Street, from Iowa Street to Locust Street, upon motion received and filed. Ordinance No. 110-00 Amending the City of Dubuque Code of Ordinances, Section 32-363(d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets and Ordinance No. 111-00 Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking, presented and read. Robbins 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 Ordinance. Seconded by Michalski. Motion carried 7-0. "No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the area, upon motion received and filed. Ordinance No. 112-00 Amending Section 32-262 ( d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street, 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 Cline. Motion carried 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site 5 be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public hearing, upon motion received and filed and concurred. Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City issU'e a Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth Street Peninsula, and to include'a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time, upon motion received and filed and approved recommendation. Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow rem-oval. ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, upon motion received and filed. Buol moved adoption of Resolution No. 609-00 of Intent to dispose of City interest and vacate water main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0. At 8:37 P.M. Upon motion it was resolved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1 )U)(c). At 8:49 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:50 P.M. /7;;j/74'//7;j;~~V~/ {. // Jeanne F. Schneider City Clerk 1 t 12/27 6 . . . CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, December 18, 2000 Council met in Regular Session 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 Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30, upon motion received and filed. Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, upon motion received and filed. Finance Director submitting the Financial Report for the month ending November 30, 2000, upon motion received and filed. Official Council Proceedings of October, 2000, upon motion approved as printed. Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15; the property damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25.00, upon motion received and filed and directed Finance Director to issue payment. Appointments to the Owner-Occupied Affordable Housing Committee: City Manager recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee, upon motion received and filed and concurred with recommendation. Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach, upon motion received and filed. Buol moved adoption of Resolution No. 590-00 Accepting the deed to certain real estate in Dubuque County, Iowa from Carl J. Burbach Declaration of Trust dated January 24, 1995. Seconded by Robbins. Motion carried 7-0. Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District, upon motion referred to the City Manager. Certified Local Government Report to State Historic Preservation Office: City Manager submitting the 2000 Certified Local Government Annual Report, upon motion received and filed. Jaeger Heights Subdivision No.3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No.3, upon motion received and filed. Buol moved adoption of Resolution No. 591-00 Approving the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, and a division of Lot 1 of Jaeger Heights Subdivision No.3, in the City of Dubuque, Iowa. Seconded by Robbins. Motion carried 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails Grant application to lOOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park, upon motion received and filed. Buol moved adoption of Resolution No. 592- 00 Authorizing a grant application for Iowa Department of Transportation Recreational Trails Funds for the Heritage Trail Extension Project: Heron Pond to Pyatigorsk Park. Seconded by Robbins. Motion carried 7-0. 2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, upon motion received and filed. Buol moved adoption of Resolution No. 593-00 Accepting improvement for project and Resolution No. 594-00 Approving final estimate in amount of $476,674.64. Seconded by Robbins. Motion. carried 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65, upon motion received and filed. Buol moved adoption of Resolution No. 595-00 Accepting improvement for project and Resolution No. 596-00 Approving final estimate in amount of $79,448.65. Seconded by Robbins. Motion carried 7-0. North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, upon motion received and filed. Buol moved adoption of Resolution No. 597-00 Accepting improvement for project and Resolution No. 598-00 Approving final estimate in amount of $492,989.56. Seconded by Robbins. Motion carried 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08, upon motion received and filed. Buol moved adoption of Resolution No. 599-00 Accepting improvement for project and Resolution No. 600-00 Approving final estimate in amount of $640,476.08. Seconded by Robbins. Motion carried 7-0. Klauer Manufacturing Parking Request - Withdrawal: City Manager advising that the request of Klauer Manufacturing for removal of parking at several corners in the area of 26th and 2]lh Streets between Central and Elm Streets has been withdrawn, upon motion received and filed. Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated, upon motion received and filed. Buol moved adoption of Resolution No. 601-00 Consenting to the assignment of leases between the City of Dubuque and Riverside Bowl, Inc. by Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Inc. Seconded by Robbins. Motion carried 7-0. 2 . Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry Lazore, new owner of the Redstone Inn, upon motion received and filed. Buol moved adoption of Resolution No. 602-00 Consenting to the assignment of the lease agreement between the City of Dubuque and Dubuque Historic Improvement Company by Dubuque Historic Improvement Company to Jerry Lazore. Seconded by Robbins. Motion carried 7-0. Fiscal Year 2002 Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002 Policy Guidelines, upon motion received and filed and approved. Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, upon motion received and filed and approved letter of support. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, upon motion received and filed and approved letter. HOME Investment Partnership Program Contract: Communication from the Iowa Department of Economic Development revising the master contract and funding agreement for the HOME Program by changing the completion date and extending the performance period to June 30, 2001, upon motion received and filed. . Business Licenses: Buol moved adoption of Resolution No. 603-00 Granting issuance of a permit to sell Cigarettes and Cigarette Papers to Tobacco Outlet Plus and Grandview Milk House; Resolution No. 604-00 Granting issuance of Class "B" Beer Permit to UAW Local 94; and Class "C" Beer Permit to Big 1 0 Mart; Casey's General Store; Kwik Stop (2); and Tobacco Outlet Plus; Resolution No. 605-00 Granting issuance of Class "B" Beer/Liquor License to Holiday Inn Five Flags and Julien Inn; and Class "C" (Commercial) Beer/Liquor License to Michael's Bar-X and The White House. Seconded by Robbins. 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 Code Appeals Board - Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke. Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Upon vote Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04. PUBLIC HEARINGS Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they so desire. . Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Westside 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 designation to allow for development of a new Menard's store, upon motion received and filed. Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke in favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor , of the project but requested the continuation of a trip lane traffic signal for exiting trucks. Ordinance No. 106-00 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 Westside 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., presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Hughes Court Investment Co.lSchneider Land Surveying - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment Co.lSchneider Land Surveying, to allow for construction of a warehouse building, upon motion received and filed. Robert Kirpes of 419 Winona spoke in favor of the rezoning. Ordinance No. 107 -00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the end of Hughes Court from AG Agricultural District to LI Light Industrial District. Seconded by Cline. Motion carried 7-0. Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow for construction of a duplex, upon motion received and filed. Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two- Family Residential District, presented and read. Markham moved to concur with the denial. Seconded by Cline. Motion carried 7-0. Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Upon motion it was removed from the table. Steve Gorius, 2461 Spring Green, spoke requesting the rezoning. Ordinance NO.1 08-00 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Carried by the following vote: Yeas--Duggan, Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, upon motion received and filed. Markham moved adoption of Resolution No. 606-00 Adopting the final assessment schedule for the concrete repairs on Grandview at Delhi project including certain information required by the Code of Iowa, specifically, the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the final schedule and to publish notice thereof. Seconded by Nicholson. Motion carried 7-0. Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on 4 . . . notice of hearing on plans and specifications and notice to bidders on the receipt of bids for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,1 DO, upon motion received and filed. Buol moved adoption of Resolution No. 607-00 Adopting plans and specifications for project and Resolution No. 608-00 Awarding contract to Peterson Contractors, Inc. Seconded by Nicholson. Motion carried 7-0. Upon motion the rule was reinstated limiting discussion to the Council. ACTION ITEMS Human Rights Ordinance: Thom Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance, upon motion received and filed. Thom Determan spoke requesting the changes. Ordinance No. 109-00 Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read. 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. Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, upon motion received and filed. Markham moved adoption of Resolution No. 589-00 of City of Dubuque support for the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque. Seconded by Nicholson. Motion carried 7-0. Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently reconstructed Fifth Street, from Iowa Street to Locust Street, upon motion received and filed. Ordinance No. 110-00 Amending the City of Dubuque Code of Ordinances, Section 32-363(d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets and Ordinance No. 111-00 Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking, presented and read. Robbins 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 Ordinance. Seconded by Michalski. Motion carried 7-0. "No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the area, upon motion received and filed. Ordinance No. 112-00 Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street, 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 Cline. Motion carried 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site :' be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public hearing, upon motion received and filed and concurred. - Request for Proposals - Fourth Street Peninsula: City Manager recommending that the Citv issue a Request for Proposals for Master Planning and Design Services for the ninety acres ( the Fourth Street Peninsula, and to include'a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time, upon motion received and filed and approved recommendation. Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow rem"oval. ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, upon motion received and filed, Buol moved adoption of Resolution No. 609-00 of Intent to dispose of City interest and vacate water main and utility easements over portions of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Markham. Motion carried 7-0. At 8:37 P.M. Upon motion it was resolved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1 )U)(c). At 8:49 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:50 P.M. ~d/~///~~/ ~eanne F. Schneider City Clerk 1t 12/27 6 TO: JEANNE F. SCHNEIDER CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, DECEMBER 18, 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 12/181/00 CITY COUNCIL OFFICIAL City Council, Regular Session, December 18, 2000 Council met in Regular Session 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 Lindahl. Mayor Duggan read the call and stated this is a regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Reverend Greg Bjornstad, Chaplain of Luther Manor. CONSENT ITEMS Minutes Submitted: Airport Commission of 11/20; Cable Community Teleprogramming Commission of 11/14; City Council Proceedings of 11/29 and 12/4; Civil Service Commission of 11/21; Environmental Stewardship Advisory Commission of 12/5; Library Board of 10/26; Zoning Board of Adjustment of 11/30, presented and read. Buol moved that the eom~icotion be received and filed. Seconded by Robbins. Motion carried 7-0. fiLLvr'U-l- ? J ) ~lLt""-cj iU Proof of publication of Council Proceedings of 10/29; 11/6; and 11/20; List of Claims and Summary of Revenues for month ending 10/31; Financial Report for Fiscal Year ending 6/30/00, presented and read. Buol moved that the pro01be j~~:!J,~9 ~a~.d filed. Seconded by Nicholson. Motion carried 7-0. Finance Director submitting the Financial Report for the month ending November 30, 2000, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Official Council Proceedings of October, 2000, presented and read. Buol moved that the proceedings be approved as printed. Seconded by Robbins. Motion carried 7-0. Notice of Claims/Suits: Dubuque Rescue Mission in estimated amount of $469.97 for property damage; Wade Pilcher in estimated amount of $58.30 for reimbursement of towing expense; Ellen's Floral Gallery in estimated amount of $442.00 for miscellaneous damages; CDI Excavating in estimated amount of $814.50 for labor reimbursement expense; Qwest in estimated amount of $1,690.52 for repair of fiber optic conduit; and Silver Dollar Cantina in estimated amount of $1,479.02 for loss of business, presented and read. Buol moved that the claims and suits be referred to the Legal Staff for investigation and report. Seconded by Robbins. Motion carried 7-0. Corporation Counsel recommending settlement of the property damage claim of Florence Hird in the amount of $59.15; the property damage claim of Key Apartments West in the amount of $335.61; and the property damage claim of Patti Schilling in the amount of $25.00, presented and read. Buol moved that the communications be received and filed and directed Finance Director to issue payments. Seconded by Robbins. Motion carried 7-0. Appointments to the Owner-Occupied Affordable Housing Committee: City Manager recommending the appointment of Linda Sangston and Nancy Zachar Fett to the Owner-Occupied Affordable Housing Committee, presented and read. Buol moved that the communication be received and filed and concurred with recommendation. Seconded by Robbins. Motion carried 7-0. Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach: City Manager recommending acceptance of the deed to property donated to the City by Carl and Mary Ann Burbach, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 590-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24,1995 Whereas, Carl J. Burbach Declaration of Trust dated January 24, 1995 desires to make a gift of the following described real property to the City of Dubuque: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa And Whereas, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. 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 Carl J. Burbach Declaration of Trust dated January 24, 1995, 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 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Citizen Petition for Residential Parking Permit District: Petition from residents of Amy Court requesting that the area be designated as a Residential Parking Permit District, presented and read. Buol moved that the petition be referred to the City Manager. Seconded by Robbins. Motion carried 7-0. Certified Local Government Report to State Historic Preservation Office: City Manager submitting the 2000 Certified Local Government Annual Report, presented and read. Buol moved that the cpmmunicatio!}J be received and filed. Seconded by Robbins. Motion carried 7-0. C4~ .ut::'5,e,'d.~ Jaeger Heights Subdivision No. 3 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 of 1 and Lot 2 of 1 of Jaeger Heights Subdivision No.3, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 591-00 RESOLUTION APPROVING THE PLAT OF SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1, A DIVISION OF LOT 1 OF JAEGER HEIGHTS SUBDIVISION NO.3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk the Plat of Survey of Lot 1 of 1 and Lot 2 of 1, a Division of Lot 1 of Jaeger Heights Subdivision, No.3, in the City of Dubuque, Iowa; and Whereas, said plat of survey provides 31.13 feet of frontage and 5,008 square feet of lot area for Lot 1 of 1 and 28.98 feet of frontage and 5,008 square feet of lot area for Lot 2 of 1, where 60 feet of frontage and 6,000 square feet of lot area are required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat of survey has been reviewed by the Zoning Advisory Commission its approval endorsed thereon subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1, and Whereas, said plat of survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 of 1 to have 31.13 feet of frontage and 5,008 square feet of lot area, and Lot 2 of 1 to have 28.98 feet of frontage and 5,008 square feet of lot area, where 60 feet of frontage and 6,000 square feet of lot area are required. Section 2. That approval of this plat of survey of Lot 1 of 1 and Lot 2 of 1, a division of Lot 1 of Jaeger Heights Subdivision NO.3 is subject to prohibiting the construction of a single-family home on either Lot 1 of 1 or Lot 2 of 1, and that said prohibition is noted on the plat of survey. Section 3. That the plat of survey of Lot 1 of 1 and 2 of 1, a division of Lot 1 of Jaeger Heights Subdivision No. 3 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said plat of survey. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF RESOLUTION NO. 591-00 We, William Frye and Mike Lightfoot, the undersigned, having read the terms and conditions of the Resolution No. 591-00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Terrance M. Duggan, Mayor 2 Dated in Dubuque, Iowa this 30th day of December, 2000. By /s/ Mike Lightfoot By /s/ William Frye Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Heron Pond Trail Extension: City Manager recommending the submission of a Recreational Trails Grant application to lOOT for funding of the extension of Heritage Trail from Heron Pond to Pyatigorsk Park, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 592-00 RESOLUTION AUTHORIZING A GRANT APPLICATION FOR IOWA DEPARTMENT OF TRANSPORTATION RECREATIONAL TRAILS FUNDS FOR THE HERITAGE TRAIL EXTENSION PROJECT: HERON POND TO PYATIGORSK PARK Whereas, the Iowa Department of Transportation has Recreational Trails funds available to develop City recreational trails; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail l,xtension. NOW THEREFORE, BE IT RESOLVED BY THE CITY .cOUNCIL OF THE CITY OF DUBUQUE, IOWA: . Section 1. That the Planning Services Manager is her60y authorized to sign and submit this application . for Recreational Trails funds to the lOOT for the Heritage Tr~ Extension Project: Heron Pond to Pyatigorsk Park on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor 2000 Asphalt Paving Project - Acceptance: City Manager recommending acceptance of the 2000 Asphalt Paving Project (Fiscal Year 2001) in the final contract amount of $476,674.64, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 593-00 ACCEPTING IMPROVEMENT Whereas, the contract for the 2001 Asphalt Paving Project - Fiscal Year 2001 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Road Use Tax Funds, the Sales Tax Fund, the General Fund, the ORA Distribution, and the Parking Construction Fund in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 594-00 FINAL ESTIMATE Whereas, the contract for the 2000 Asphalt Paving Project - Fiscal Year 2001 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: 3 Section 1. That the cost of said improvement is hereby determined to be $500,508.37 and the said amoun~shall be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the ORA Distribution, ctnd the Parking Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 595-00 ACCEPTING IMPROVEMENT Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant in amount equal to the amount of this contract. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 596-00 FINAL ESTIMATE Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 $79,448.65 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 597-00 ACCEPTING IMPROVEMENT Whereas, the contract for the North End Neighborhood Trail 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. \, \ J.. \ . /fj~ tide tL L' Iv A/ H ~(~/(X Ii )p[k.-C~ - ) \ 4 Section 1. That the cost of said improvement is hereby determined to be $500,508.37 and the said arnount shall be paid from Road Use Tax Funds, the Sales Tax Fund, the General Fund, the ORA Distribution, and the Parking Construction Fund of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. William M. Black, Phase I, Sprinkler System - Acceptance: City Manager recommending acceptance of the William M. Black, Phase I, Sprinkler System Project in the final contract amount of $79,448.65, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 495-00 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER COURT Whereas, there has, en presented to the City Council of the City of Dubuque, Iowa, a plat dated August 15, 2000, prepared by I Engineers & Surv yors, P.C., describing the proposed vacated portion of Kerper Court; and Whereas, said plat conform to the laws statutes pertaining thereto. NOW THEREFORE, BE IT R OL VED B HE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated A ust 1, 00, prepared by IIW Engineers & Surveyors, P.C. relative to the real estate hereinabove described e a tl e same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and dir d 0 execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City of DjUU /e serves unto itself a perpetual easement including the right of ingress and egress thereto, for the pu. 0 e 0 erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining we, sewe , drainage, gas, telephone, t. v. cable, and electric lines as may be authorized by the City of Dubu ~ , Iowa, as own on the Plat of Survey of Lot 2A and Lot E of Kerper Industrial Park. ./ Section 3. That the City c;!e r ! e and is hereb authorized and directed to file said plat and certified copy of this resolution in the office f the Recorder, in d for Dubuque County, Iowa. Passed, approved and ad . ed this 4th day of 0 ober, 2000. '_:/ Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 596-00 FINAL ESTIMATE Whereas, the contract for the William M. Black Steamboat Restoration Project - Phase I 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 $79,448.65 and the said amount shall be paid from the General Fund of the City of Dubuque, Iowa and reimbursed 100 percent (100%) from the ISTEA Transportation Enhancement Grant. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor North End Neighborhood Trail Project - Acceptance: City Manager recommending acceptance of the North End Neighborhood Trail Project in the final contract amount of $492,989.56, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 597-00 ACCEPTING IMPROVEMENT Whereas, the contract for the North End Neighborhood Trail 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. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the General Fund ($538,389.56) in amount equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 598-00 FINAL ESTIMATE Whereas, the contract for the North End Neighborhood Trail 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 $538,389.56 and the said amount shall be paid from the General Fund ~$538,389.96) of the City of Dubuque, Iowa. Passed, approved and adopted this 18 h day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Kerper Court Construction Project - Acceptance: City Manager recommending acceptance of the Kerper Court Construction Project in the final contract amount of $640,476.08, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 599-00 ACCEPTING IMPROVEMENT Whereas, the contract for the Kerper Court Paving and Utilities Project has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed to pay to the contractor from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) in amounts equal to the amount of this contract, less any retained percentage provided for therein. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 600-00 FINAL ESTIMATE Whereas, the contract for the Kerper Court Paving and Utilities 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 $702,618.83 and the said amount shall be paid from the Water Fund ($115,223), the Sewer Fund ($50,659), and the Road Use Tax Fund ($536,736) of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor 5 Klauer Manufacturing Parking Request - Withdrawal: City Manager advisin~ that the request of Klauer Manufacturing for removal of parking at several corners in the area of 26th and 27 Streets between Central and Elm Streets has been withdrawn, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Riverside Bowl Lease Assignment: City Manager recommending approval of the assignment of four leases between the City of Dubuque and Riverside Bowl, Inc., to Bowling and Beyond Dubuque, Incorporated, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 601-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING & BEYOND DUBUQUE, INC. WHEREAS, Riverside Bowl, Inc. (Riverside) operates a bowling facility in Dubuque, Iowa, and Riverside and the City of Dubuque (City) entered into Leases of property owned by City on May 2, 1958, as amended June 19,1973, April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are attached hereto; and WHEREAS, Riverside desires to sell its assets and assign its interest in the Leases to Bowling & Beyond Dubuque, Inc., an Illinois corporation (Bowling), pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, the Leases are assignable by Riverside with the consent of City; and WHEREAS, Bowling desires to assign its interests in the Leases to American Trust & Savings Bank (ATSB) as security for a loan by ATSB to Bowling, pursuant to the Assignment of Interests in Leases attached hereto; and WHEREAS, the City Council has determined that it is in the best interests of the City to consent to the Assignments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Riverside Bowl, Inc. to Bowling & Beyond Dubuque, Inc. 2. That the City Council hereby consents on behalf of the City of Dubuque to the attached Assignment of Interests in Leases by Bowling to American Trust & Savings Bank. Passed, adopted and approved this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor Redstone Inn - Parking Rental Agreement: City Manager recommending assignment of the parking rental agreement between the City and Dubuque Historic Improvement Company to Jerry Lazore, new owner of the Redstone Inn, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. RESOLUTION NO. 602-00 RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE HISTORIC IMPROVEMENT COMPANY BY DUBUQUE HISTORIC IMPROVEMENT COMPANY TO JERRY LAZORE Whereas, the Dubuque Historic Improvement Company (DHIC) and the City of Dubuque (City) entered into a Lease Agreement on April 1, 1995, a copy of which Lease Agreement is attached hereto; and Whereas, the Lease Agreement provides for parking for DHIC's Redstone Inn located at City's parking lot at Fifth and Bluff Streets; and Whereas, on October 13, 2000 the Redstone Inn was sold by DHIC to Jerry Lazore; and Whereas, the Lease Agreement is assignable by DHIC with the consent of City; and Whereas, the City Council has determined that it is in the best interests of the City to consent to such assignment. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Council hereby consents on behalf of the City of Dubuque to the assignment of the Lease Agreement by Dubuque Historic Improvement Company to Jerry Lazore, provided that Jerry Lazore shall agree to be bound by the terms and conditions thereof. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor 6 Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Fiscal Year 2002 Budget Policy Guidelines: City Manager recommending approval of the Fiscal Year 2002 Budget Policy Guidelines, presented and read. Buol moved that the communication be received and filed and approved the 2002 Budget Policy Guidelines. Seconded by Robbins. Motion carried 7-0. Hospital Signage - US 20/Dodge Street: City Manager recommending that a letter be sent to the Chairperson of the Iowa Department of Transportation Commission requesting modification to the hospital signage on Highway 20, presented and read. Buol moved that the communication be received and filed and approved letter of support. Seconded by Robbins. Motion carried 7-0. Dubuque Signage on 1-80 in Scott County: City Manager recommending that a letter be sent to the Iowa Department of Transportation requesting that the word "Dubuque" be added to the signs on Interstate 80 east and west at the U.S. Highway 61 interchange in Scott County, presented and read. Buol moved that the communication be received and filed and approved letter of support. Seconded by Robbins. Motion carried 7-0. HOME Investment Partnership Program Contract: Communication from the Iowa Department of Economic Development revising the master contract and funding agreement for the HOME Program by changing the completion date and extending the performance period to June 30,2001, presented and read. Buol moved that the communication be received and filed. Seconded by Robbins. Motion carried 7-0. Business Licenses: RESOLUTION NO. 603-00 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 Tobacco Outlet Plus # 56 Kwik Trip, Inc 66 W. 32nd St Grandview Milk House James T. Jacobsen 620 S Grandview Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 604-00 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 UAW Local # 94+(Sunday Sale) CLASS "C" BEER PERMIT Molo Oil Co. Big 10 Mart+(Sunday Sale) Angel Investment Casey's General Store+(Sunday Sale) Rainbo Oil Co Kwik Stop+(Sunday Sale) Rainbo Oil Co Kwik Stop+(Sunday Sale) Kwik Trip, Inc Tobacco Outlet Plus +(Sunday Sale) Passed, approved and adopted this 18th day December, 2000. United Auto Workers # 94 3450 Central Ave 9th & Central 2699 Rockdale Rd 4039 Pennsylvania 2320 Hwy 61 66 W. 32n St Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 605-00 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the 7 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 liB" BEER/LIQUOR LICENSE Holiday Inn 5-Flags+(Sunday Sale) Julien Inn+(Sunday Sale) CLASS "C" (COMMERCIAL) BEER/LIQUOR LICENSE L & M Wharf Corp Michael's Bar-X+(Sunday Sale) David H. Hoffman The White House Passed, approved and adopted this 18th day of December, 2000. Kinseth Hotel Corp Design Center, Inc 450 Main St 200 Main St 2616 Windsor 450 W. Locust Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the resolution. Seconded by Robbins. Motion carried 7-0. ! 't- " BOARDS/COMMISSIONS ~ ~'t{ttlt{ I, ,&-cd Applicants are invited to address the Council to express their desire to serve on the following Boards/Commissions: Housing Code Appeals Board - Applicants: William J. Kinsella; Robert Schaub; Edward A. Swift. No one spoke. Appointment to the following Commission: Human Rights Commission (Three terms expiring 1/1/04) Applicants: Raydora Drummer; Judith Haley Giesen; Joseph A. Hopkins; Evelyn E. Jackson. Vote on the appointments was as follows: Duggan voted for Drummer, Giesen and Jackson. Markham voted for Drummer, Giesen and Jackson. Michalski voted for Drummer, Giesen and Jackson. Nicholsol1Qvot~d for Drummer, Giesen and Jackson. Robbins voted for Drummer, Giesen and Jackson. Robbins voted for) Drummer, Giesen and Jackson. Buol voted for Drummer, Giesen and Jackson. Cline voted for Drummer,' Giesen and Jackson. I Therefore, Raydora Drummer, Judith Haley Giesen and Evelyn E. Jackson reappointed to three year terms which will expire 1/1/04 on the Human Rights Commission. dc/({tid PUBLIC HEARINGS p. I.-~';f Terrance M. Duggan, Mayor Michalski moved to suspend the rules to allow anyone present to address the Council if they so desire. Seconded by Nicholson. Motion carried 7-0. Menard, Inc. - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on U.S. Highway 20, southwest of Westside 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 designation to allow for development of a new Menard's store, presented and read. Michalski t moved that the proofJ and communication be received and filed. Seconded by Nicholson. Carried by the {\ I following vote:: V;eas--Jv1arkham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. \\ h "(~C LlUJ<5 v Tom O'Neill of Menard, Inc., Dan Coyle of WHKS, Jim Bradley of Bradley Realty, Bill Maiers of Reynolds and Kenline Law Firm, all spoke in favor of the proposed rezoning. Ed Tschiggfrie, as owner of a nearby quarry, spoke in favor of the project but requested the continuation of a trip lane traffic signal for exiting trucks. 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 Westside 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., presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO.1 06-00 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 WESTSIDE COURT FROM C-3 GENERAL COMMERCIAL DISTRICT AND CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO PUD PLANNED UNIT 8 DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR MENARD, INC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from C-3 General Commercial District and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions for Menard, Inc., as stated below, to wit: Lot 2 of Siegert's Place, Third 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(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions. 1. Building-related Features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: a) The primary building b) All accessory or secondary buildings c) All exterior storage areas d) Exterior refuse collection areas e) Exterior mechanical equipment f) Containerized or tank storage of liquids, fuels, gases and other materials 2) Vehicle-related Features: Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building d) Maneuvering space and driveways to and from loading spaces e) Parking spaces for company-owned commercial vehicles f) Fire lanes 3) Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include: a) Landscaped space containing lawn areas and plantings b) Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards c) Surface storm water detention areas not otherwise used for building-related or vehicle-related purposes d) Open recreation areas and recreational trail e) Other non-building and non-vehicular-related space B) Use Regulations 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) Retail sales/service [17] b) Indoor restaurant [20] c) Drive-in/carry-out restaurant [28] d) General offices [14] [ ] Parking group-see Section 4.2 of the Zoning Ordinance. 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. C) Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. 2) All building-related features shall be in accordance with the following lot and bulk regulations: a) Maximum lot coverage shall be limited to 75%. All building and vehicle-related features shall be 9 considered when calculating total land area coverage. b) Maximum building height shall be 40 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 40 feet limitation subject to the provision of adequate screening. c) Setbacks for the out-lot shall be as established for the C-3 General Commercial District, set forth in Section 3-3.3 of the Zoning Ordinance. D) Parking Regulations 1) All vehicle-related features shall be surfaced with either asphalt or concrete. 2) Curbing and proper surface drainage of storm water shall be provided. 3) All parking and loading spaces shall be delineated on the surfacing material by painting stripes or other permanent means. 4) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5) The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 6) The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to each lot: a) Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: ~ For everyone (1) acre of lot size, four (4) trees shall be required to a maximum of forty (40) trees. Each required tree shall be at least two (2) inches in diameter at planting. ~ Shrubs shall be used to screen parking areas and provide accent around buildings. ~ Parking areas located adjacent to a right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three (3) feet in height within three years of planting. 2) All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. 3) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD ordinance. F. Sign Regulations. 1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2) Wall-Mounted Signs: a) Menard's: 1 ) Total allowed square footage: 600 square foot 2) Number of signs: unlimited 3) Below eave or parapet b) Out-lot: 1) Total allowed square footage: 250 square feet 2) Number of signs: unlimited 3) Below eave or parapet 3) Freestanding signs: a) Menard's: 1) Total allowed square footage: 400 square feet 2) Maximum number: 1 3) Maximum height: 40 feet b) Out-lot: 1) Total allowed square footage: 200 square feet 2) Maximum number: 1 3) Maximum height: 40 feet 4) Directional Signs: a) Menard's/Out-lot: 10 1) Maximum size: 6 square feet 2) Maximum number: Unlimited 3) Maximum height: 10 feet 5) Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. 6) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G) 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) Off-site Improvements: Menard, Inc. shall be responsible for the design, construction and costs associated with the following off-site improvements: a) Construction of new signalized liT" intersection on U.S. Highway 20 to serve new Menard's store. b) Design and approval of all off-site improvements are subject to applicable City of Dubuque and Iowa Department of Transportation regulations and review procedures. 2) Site Lighting a) Exterior illumination of site features shall be limited to the illumination of the following: ~ Parking areas, driveways and loading facilities. ~ Pedestrian walkway surfaces and entrances to the building. ~ Screened storage areas. ~ Building exterior. b) Location and Design: ~ All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. ~ All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. ~ A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking-related features. ~ Fixtures mounted on a building shall not be positioned higher than the roof line of the building. ~ Wooden utility-type poles are acceptable only for temporary use during construction. ~ All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 3) Utility Locations a) Service lines: all electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical equipment: all electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, including roof-mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. c) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 4) Exterior Trash Collection Areas: a) The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c) Exterior trash collection areas shall be located in rear or side yards only. d) All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five 11 (5) years. e) Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation, and management of property within the City of Dubuque. H. 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. I. Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and hislher heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 18th day of December, 2000. ATTEST: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 106-00 I, Thomas O'Neil, representing Menard, Inc. purchaser, having read the terms and conditions of the foregoing Ordinance NO.1 06-00 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. NOT SIGNED AS OF JANUARY 12,2001 By Terrance M. Duggan, Mayor Thomas O'Neil Menard, Inc. Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk 1t 12/27 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Carried by the following vote: Yeas--Markham, Michalski, Nicholson, Robbins, Buol, Cline. Nays--Duggan. Hughes Court Investment Co.lSchneider Land Surveying - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located at 3195 Hughes Court from AG Agricultural District to LI Light Industrial District at the request of Hughes Court Investment Co.lSchneider Land Surveying, to allow for construction of a warehouse building, presented and read. Buol moved that the proof be received and filed. Seconded by Cline. Motion carried 7-0. Robert Kirpes of 419 Winona spoke in favor 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 end of Hughes Court from AG Agricultural District to LI Light Industrial District, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO.1 07 -00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF HUGHES COURT FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL 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 AG Agricultural District, to LI Light 12 Industrial District, as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk 1t 12/27 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 Cline. Motion carried 7-0. Kelly Lane - Request for Rezoning: Proof of publication on notice of hearing to consider rezoning property located on Kelly Lane (one lot north of 1171 Miller Road) from R-1 Single Family Residential District to R-2 Two-Family Residential District at the request of Leonard Witt, to allow for construction of a duplex, presented and read. Mike Kelly, 1400 Kelly Lane, spoke in opposition to the request. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located along Kelly Lane south of Pego Court from R-1 Single Family Residential District to R-2 Two-Family Residential District, presented and read. Markham moved to concur with the denial. Seconded by Cline. Motion carried 7-0. Molo Big 10 Mart - Request for Rezoning: Tabled at meeting of November 20, 2000. Buol moved to remove this matter from the table. Seconded by Nicholson. Motion carried 7-0. Steve Gorius, 2461 Spring Green, spoke requesting 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 2120 John F. Kennedy Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, presented and read. Terrance M. Duggan, Mayor (OFFICIAL PUBLICATION) ORDINANCE NO.1 08-00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2120 JOHN F. KENNEDY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER 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-2 Neighborhood Shopping Center District to C-3 General Commercial District, to wit: Lot 1 of Lot 2 Asbury Springs Subdivision No. 5 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 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor 1t 12/27 Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Cline. Carried by the following vote: Yeas--Duggan, Markham, Michalski, Robbins, Buol, Cline. Nays--Nicholson. Final Assessment Schedule - North Grandview at Delhi Project: City Manager recommending approval 13 of the final assessment schedule for the concrete repairs on Grandview at Delhi Project, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 606-00 A RESOLUTION ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE CONCRETE REPAIRS ON GRANDVIEW AT DELHI PROJECT INCLUDING CERTAIN INFORMATION REQUIRED BY THE CODE OF IOWA, SPECIFICALLY, THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE FINAL SCHEDULE AND TO PUBLISH NOTICE THEREOF. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the final schedule of assessments and accompanying plat showing the assessments proposed to be made for the construction of the Concrete Repairs on North Grandview at Delhi Project under contract with Portzen Construction of Dubuque, Iowa, which final plat and schedule were filed in the office of the City Clerk on the 16th day of November, 2000, the said schedule of assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. Provided, further, that the amounts shown in said final schedule of assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefitted by the improvements as shown in the schedule, subject to the provisions of Section 384.63 of the Code of Iowa. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Section 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Section 384.60 of the Code of Iowa. That assessments may be paid in full or in part without interest at the office of the County Treasurer, at any time within 30 days after the date of the first publication of this notice of the filing of the final schedule of assessments with the County Treasurer. After 30 days unpaid assessments of $50.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to the December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk SCHEDULE OF VALUATION AND FINAL ASSESSMENTS - N. GRANDVIEW OWNER LOT DESCRIPTION TOTAL NET ASSESSMENT McConnell, Laverne D. Jackson Hodge Subd. Lot 4 $1,899.56 Smith, Steven Hodge Subd. Lot 5 $1.899.56 $3,799.12 Markham moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Fischer Cold Storage Warehouse and Carriage Building Demolition: Proofs of publication on notice of hearing on plans and ~pecifica~io~s and no~i<?e to bidd~rs on the receipt .of bids for.the Fischer Cold Storage Warehouse and Carnage BUilding Demolition and Site Clearance Project and City Manager awarding the contract to Peterson Contractors, Inc. in the amount of $166,100, presented and read. Buol moved that the proof and communication be received and filed. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 607-00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 15th day of November, 2000, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. 14 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 18th day of December, 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. 608-00 AWARDING CONTRACT Whereas, sealed proposals have been submitted by contractors for the Fischer Cold Storage Warehouse and Carriage Building Demolition and Site Clearance Project pursuant to Resolution No. 570-00 and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of November, 2000. Whereas, said sealed proposals were opened and read on the 12th day of December, 2000, and it has been determined that the bid of Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of $166,100.00 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 Peterson Contractors, Inc. and the Manager be and is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of the work. BE IT FURTHER RESOLVED: That upon the signing of said contract and the approval of the contractor's bond, the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed, approved and adopted this 18th day of December, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. Robbins moved to reinstate the rule limiting discussion to the Council. Seconded by Nicholson. Motion carried 7-0. ACTION ITEMS Human Rights Ordinance: Thorn Determan, Chair of the Human Rights Commission, submitting recommended changes to the Human Rights Ordinance, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. Thorn Determan spoke requesting the changes. An Ordinance Amending the Code of the City of Dubuque, Iowa by repealing Section 27-27(4) Powers and Duties and enacting a new Section 27-27(4) Powers and Duties in lieu thereof, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO.1 09-00 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY REPEALING SECTION 27-27(4) POWERS AND DUTIES AND ENACTING A NEW SECTION 27-27(4) POWERS AND DUTIES IN LIEU THEREOF. 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 repealing Section 27 -27 (4) Powers and Duties. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by enacting a new Section 27-27(4) Powers and Duties in lieu thereof as follows: Section 27-27(4). Powers and Duties: To issue such publication and reports of investigations and research as in the judgment of the Commission shall promote civil and respectful behavior which shall tend to eliminate discrimination in public 15 accommodations, employment, apprenticeship and on-the-job training programs, vocational schools, housing or credit because of age, race, creed, color, sex, national origin, religion, ancestry, disability or marital status. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 27th day of December, 2000. Jeanne F. Schneider, City Clerk 1t 12/27 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. Vision Iowa Application: City Manager recommending approval of a Resolution in support of the Vision Iowa Application for funds for America's River for the Mississippi River Conference and Education Center and the Mississippi River Discovery Center and Aquarium at the Port of Dubuque, presented and read. Markham moved that the communication be received and filed. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor RESOLUTION NO. 589-00 RESOLUTION OF CITY OF DUBUQUE SUPPORT FOR THE VISION IOWA APPLICATION FOR FUNDS FOR AMERICA'S RIVER FOR THE MISSISSIPPI RIVER EDUCATION AND CONFERENCE CENTER AND THE MISSISSIPPI RIVER DISCOVERY CENTER AND AQUARIUM AT THE PORT OF DUBUQUE. Whereas, the citizens of Dubuque have been working together since 1992 on plans to reclaim the riverfront for the enjoyment of the community and its many visitors; and Whereas, the City of Dubuque, the Dubuque County Historical Society, and the Dubuque Area Chamber of Commerce have formed a strong partnership to lead the community in efforts to develop Dubuque's riverfront into a world-class attraction; and Whereas, there has been extraordinary levels of private participation in the fundraising for the riverfront development efforts from individuals, corporations, and government agencies; and Whereas, the City of Dubuque is committing to construction of a riverwalk and other infrastructure improvements on the riverfront and in the adjacent downtown area; and Whereas, the private sector has made significant financial commitments, which will leverage the public investment and increase the level of interest in the Dubuque Riverfront; and whereas, the construction of the Mississippi River Education and Conference Center on the Port of Dubuque will provide the venue to host groups and individuals from around the world and make Dubuque and Iowa the center for learning about the Mississippi River and the State of Iowa; and Whereas, the plans for the development of Dubuque's riverfront meet the goals of the Vision Iowa program by providing Iowa with this world-class attraction; and Whereas, the planning for the development of Dubuque's riverfront is at the stage where the community is ready to begin the construction phase for the major infrastructure improvements of the project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: The City of Dubuque hereby lends it continued support to the efforts of the community for the development of the riverfront of the Mississippi River. Section 2: The City of Dubuque together with its partners, the Dubuque County Historical Society and the Dubuque Area Chamber of Commerce, commits over $29 million in City funds, over $20 million in private participation, over $8 million in federal grants, and over $17 million in private fund raising and land donations to match almost $58 million in Vision Iowa funds toward construction of the America's River project in the Port of Dubuque. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Markham moved adoption of the Resolution. Terrance M. Duggan, Mayor Seconded by Nicholson. Motion carried 7-0. Fifth Street "No Parking" Ordinance: City Manager recommending approval of a "No Parking" zone on the north side of Fifth Street and rescinding of the back-in angle parking on the recently reconstructed Fifth Street, from Iowa Street to Locust Street, presented and read. Robbins moved that the communication be received and filed. Seconded by Michalski. Motion carried 7-0. 16 An Ordinance Amending the City of Dubuque Code of Ordinances, Section 32-363( d) prohibiting parking at any time in certain designated zones relating to Fifth Street between Iowa and Locust Streets, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 110-00 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, SECTION 32-262(d) PROHIBITING PARKING AT ANY TIME IN CERTAIN DESIGNATED ZONES RELATING TO FIFTH STREET BETWEEN IOWA AND LOCUST STREETS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by deleting from Subsection (d) of Section 32-262 the following: Fifth Street, West, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street. Section 2. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Fifth Street, south side, from Bluff Street to Hill Street; north side, from a point one hundred ninety-two feet (192') west of Bluff Street to Prospect Street and from Iowa Street to Main Street, provided, however, it shall not be unlawful to stop, but only in the drop-off areas provided, for the sole purpose of and for the time necessary to allow passengers to enter or exit a vehicle and during which time the vehicle shall not be unattended. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk 1t 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. Terrance A. Duggan, Mayor An Ordinance Amending Code of Ordinances of the City of Dubuque, Iowa, by deleting a portion of Subsection (g) of Section 32-263 relating to angle parking, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 111-00 AN ORDINANCE AMENDING CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY DELETING A PORTION OF SUBSECTION (9) OF SECTION 32-263 RELATING TO ANGLE PARKING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by deleting from Subsection (g) of Section 32-263 thereof as follows: Fifth Street, north side, from Iowa Street to Locust Street. Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk Terrance A. Duggan, Mayor 1t 1/10 Robbins moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 7-0. "No Parking" in Alley by Lincoln School: City Manager recommending approval of parking restrictions in the alley between Alpine and Nevada near West Fifth Street, in response to a petition from residents of the area, presented and read. Robbins moved that the communication be received and filed. Seconded by Cline. Motion carried 7-0. 17 An Ordinance Amending Section 32-262( d) of the Code of Ordinances of the City of Dubuque, Iowa prohibiting parking on designated streets, or portions thereof, by adding the alley between West Fifth Street and University Avenue from Nevada Street to Alpine Street, presented and read. (OFFICIAL PUBLICATION) ORDINANCE NO. 112-00 Q!ORDINANCE AMENDING SECTION 32-262(d) OF THE CODE OF ORDINANCES OF THE CITY OF DU UQUE, IOWA PROHIBITING PARKING ON DESIGNATED STREET!l9R PORTIONS THEREOF) A DING THE ALLEY BETWEEN WEST FIFTH STREET AND UNIVERSITY AVENUE FROM NEVADA REET TO ALPINE STREET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa is amended by adding to Subsection (d) of Section 32-262 the following: Alley, both sides, between West Fifth Street and University Avenue from Nevada Street to Alpine Street Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald newspaper this 10th day of January, 2001. Jeanne F. Schneider, City Clerk 1 t 1/10 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 Cline. Motion carried 7-0. Barge Fleeting on the Mississippi River: City Manager recommending that the Riprow Valley site be removed from consideration for barge fleeting on the Mississippi River at the January 15, 2001 public hearing, presented and read. Michalski moved that the communication be received and filed and recommendation approved. Seconded by Markham. Motion carried 7-0. Request for Proposals - Fourth Street Peninsula: City Manager recommending that the City issue a Request for Proposals for Master Planning and Design Services for the ninety acres of the Fourth Street Peninsula, and to include a price for the thirty acres south of the Ice Harbor to see if that is affordable at this time, presented and read. Buol moved that the communication be received and filed and approved recommendation. Seconded by Cline. Motion carried 7-0. Council Member Reports: Michalski stated kudos to Operations and Maintenance for snow removal. Terrance A. Duggan, Mayor ITEMS TO BE SET FOR PUBLIC HEARING Oak Meadows Second Addition - Request to Vacate: City Manager recommending that a public hearing be set for January 2, 2001 to consider a request to vacate easements in Oak Meadows Second Addition at the request of Jim Stock Realty & Construction, presented and read. Buol moved that the communication be received and filed. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 609-00 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE WATERMAIN AND UTILITY EASEMENTS OVER PORTIONS OF LOT 1, LOT 2, AND LOT A OF OAK MEADOWS SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Jim Stock Realty & Construction is the current owner of Lot 1, Lot 2, and Lot A of Oak Meadows Second Addition; and Whereas, a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements are currently platted on said lots; and Whereas, Jim Stock Realty & Construction has petitioned to vacate portions of said easements. 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 and vacate a 20 foot wide watermain easement, and 5 and 10 foot wide utility easements over portions of Lot 1, Lot 2 and Lot A of Oak Meadows Second Addition in the City of Dubuque, as shown on the attached Exhibits A and B. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published in the manner as prescribed under Section 364.7 Code of Iowa, 1999 or amended. 18 Passed, approved and adopted this 18th day of December, 2000. Attest: Jeanne F. Schneider, City Clerk Suol moved adoption of the resolution. Seconded by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor At 8:37 P.M. Suol moved to go into Closed Session re: Property Acquisition and Pending Litigation (Iowa Code Chapter 21.5(1 )U)(c). Seconded by Markham. Motion carried 7-0. At 8:49 Council reconvened Regular Session stating that staff had been given proper direction. There being no further business, Suol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 8:50 P.M. /s/ Jeanne F. Schneider City Clerk Approved Adopted ,2001 ,2001 19 Approved Adopted 2001 2001 Mayor Council Members Attest: City Clerk 20