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Klauer Development Company in estimated amount of $770.62 for vehicle damage; Dolores M. Kotz in estimated amount of $131.00 for proper- ty damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising the following claims have been., referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Gail Cording for personal injuries; James Kearney for property damage, upon motion received and filed and concurred with the recom- mendation. Corporation Counsel recom;„ mending settlement for reim- bursement expenses for the sewer backup claim of Jan Troy in the amount of $331.36 and directing the Finance Director to issue payment, upon motion received and filed and approved the recommen- dation of settlement. Corporation Counsel recom;., mending denial of the property damage claim of Robert Papenthein, upon motion received and filed and con- curred with the recommenda- tion. Corporation Counsel recom- mending that the vehicle dam- age claim of Dan Bukowski be referred to Project Concern„ upon motion received and filed and concurred with the recom- mendation. Citizen Communications: Communications of students at Hoover School questioning why the City closed the swim- ming pools in August, upon motion referred to the City Manager and requested that. the petitions be looked at seri- ously. Garfield Place Urban Revitalization Area: an Ordinance Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area pur- suant to Chapter 404 of the Code of Iowa, removed front' the Agenda. Request to Rezone Property at 2699 Rockdale Road: Ordinance No. 75-00 Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2699 Rockdale Road from C-1 Neighborhood.. Commercial District to C-2 Neighborhood Shopping Center District, said Ordinance having been presented and read at the 9-18-00 Council meeting, now presented for further action. Buol moved that the requirement that a proposed Ordinance be con- sidered and voted on for past„ sage at two Council Meetings prior to the meeting at which it is to be finally passed be sus- pended and further moved final consideration and pas- sage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Proposed Development Moratorium in the Southwest Arterial Corridor: Communication from William J. Maiers, representing Mr. and Mrs. William A. Siegert, requesting that the issue of a proposed development mora- torium in the Southwest Arterial Corridor, be set for a public hearing prior to any final decision; Communication. - from City Manager recom- mending that the request to enact a moratorium along the proposed Southwest Arterial Corridor at Highway 20 be Manager recommending that a request from Project Concern for additional funding in the amount of $9,859.53 be approved, upon motion received and filed and con- curred with recommendation. Memorandum of Agreement with the Dubuque County Historical Society: City Manager recommending approval cif a Memorandum of Agreement between the City and the Dubuque County Historical Society for the River Discovery Center project,. upon motion received and filed and concurred with recom- mendation. Supplement No. 46 to the Code of Ordinances: City Manager recommending adoption of Supplement No. 46 to the Code of Ordinances, upon motion received and filed. Buol moved adoption o Resolution No. 467700 Adopting Supplement No. 46 to the Code of Ordinances of the City of Dubuque, .Iowa. Seconded by Nicholson. Motion carried 6-0. Joint Public Notice - U.S. Army Corps of Engineers/ IDOT: Notice from the U.S. Army Corps of Engineers an. the Iowa Department o Transportation of the intent to construct a new four -lane divided roadway along the north side of Dubuque from John F. Kennedy Road east to U.S. Highway 52/Iowa Highway 3, upon motion received and filed. Business Licenses: Bu. moved adoption of Resolution No. 468-00 Granting issuance of Class "B" Beer Permit to Happy Joe's Ice Cream; Class "C" Beer Permit to 5 Point Mart and Kwik Stop Food Mart; Resolution No. 469-00 Granting issuance of Class "C" Beer/Liquor Permit to Dog House Lounge, Carol's Place,, and Fat Tuesdays; Class "C" Beer/Wine Liquor License to Sugar Ray's Barbeque; Class "C" Beer/Wine Liquor License (5 Day) to Loras College Field House. Seconded by Nicholson. Motion carried 6-0. BOARDS/COMMISSIONS: Applicants are invited to address the Council t• express their desire to serve on the following Boards / Commissions: ENVIRONMENTAL STEW- ARDSHIP ADVISORY COM- MISSION: David B. Czarnecki. APPOINTMENTS to the fol- lowing Boards / Commissions: ENVIRONMENTAL STEW- ARDSHIP ADVISORY CO - MISSION: Brianna Tully. Upon motion Brianna Tully appointed to the Youth posi- tion for a term that will expire 6-1-01. HOUSING COMMISSION (Section 8 Representative): Jeremy Austin; Joe Hopkins Communication of Jeremy Austin regarding his appoint- ment and communication of Carleen Schroeder regarding the appointment of Joe Hopkins. Upon motion it was resolved to table the appoint- ment and readvertise. INVESTMENT. OVERSIGHT COMMISSION: Charles Spielman. Upon motion Charles Spielman appointed t. fill the unexpired three year term which will expire 7-1-02. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council.if they so desire. 2000 Sidewalk Assessment Project (Center Grove/Cedar Cross Road/Embassy West Drive): Proofs of publication on notice of hearing on plans and specifications and notice to west side of Cedar Cross Road. Seconded by Michalski. Motion carried 6-0. Conceptual Development Plan - Menard Inc. - Tabled at Meeting of 9/5/00: Upon motion the following was removed from the table. Proof of publication on notice of hearing to consider rezoning property on U.S. Highway 20 from C-3 General Commercial and CS Commercial Service and Wholesale District to PUD Planned Unit Development District with a PC Planned Commercial designation to allow for development of - new Menard's Store, an. Communication of Thomas W. O'Neil, Menard, Inc., stating that they have additional infor- mation available for the requested rehearing, upon motion received and filed. Tom O'Neil, 477 Menard Dr., and Jim Bradley spoke for the proposed Ordinance. Da Coyle of WHKS & Co. explained the WHKS Study. Mike Hoffmann, River City Stone, spoke in opposition, citing the 10,000 trucks enter- ing and leaving each day. Ed Tschiggfrie, as owner of the quarry on the south side of Hwy 20, spoke of not being opposed to the project, but opposed to moving the traffic light and propose that Menards build left turn lane with a tripper to turn west, to leave the light, and to approve the zoning with that stipula- tion. John Riley of Riley's Oldsmobile, spoke stating that a traffic light was turned down for Aldi's a few years ago an. stressed studying all alterna- tives before making changes. Mr. O'Neil of Menards spoke responding to comments and stated they are open to work- ing with the quarry owners etc. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinance 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 designa- tion and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., presented and read. Buol moved to table the Public Hearing and refer to the Zoning Advisory Commission. Seconded by Nicholson. Motion carried 6-0. Michalski moved that Staff work with Menards, IDOT, an. others on this subject. Seconded by Nicholson. Motion carried 6-0. At 9:13 Council recessed; At 9:21 Council reconvened. Triple J. Land Company Rezoning: Proof of publication on notice of hearing to consid- er rezoning property located at 2155 Rockdale Road from R- Moderate Density Multi -Family Residential District to OS Office Service District, upon motion received and filed. Eugene Bird, Chair of ZAC, spoke of three specific condi- tions for the rezoning. Al Urbain, of Urbain Architects, spoke requesting Counc' override condition of no curb cut on Tower Dr. or drop rezoning request. Jacqueline Herberger, 1560 Tower Dr., spoke in opposition to the rezoning. Chris Chaney, 2270 Jaeger Dr., spoke for the rezoning request, with the conditions in place. ordinance No. 76-00. Amending Appendix A (The .,f fha (.ih, sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Jackson Street - Two -Hour Parking: City Manager recom- mending the creation of a "Two Hour Parking" Zone on the east side of Jackson Street from Milwaukee Street to Ruby Street in response to a petitio from business owners, upon motion received and filed. Ordinance no. 78-00 Amending Section 32-362 of the Code of Ordinances of the City of Dubuque, Iowa, provid- ing for two-hour parking by adding certain portions of Jackson Street, presented and read. Robbins moved that th- 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 con- sideration and passage of the 'Ordinance. Seconded by Buol. Motion carried 6-0. Amendment to Section 32 of the Code of Ordinances of the City of Dubuque: City Manager recommending an amendment to Sections 32- 311, 32-312, and 32-314 of the City of Dubuque Code of Ordinances to remove three lots from the parking system and adding two new lots, upo motion received and filed. Ordinance No. 79-00 Amending the City of Dubuque Code of Ordinances Section 32-311 designating municipal- ly owned parking lots by removing specific lots; amend- ing Section 32-312 Meters - Installation Authorized and Directed; and amendin. Section 32-314 Establishing Meters - Time and Fee Schedule for Municipal Lots by removing the meter time and fee schedule for specific lots, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counci Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Expanded Parking Meter District: City Manager recom- mending an amendment t. Section 32-336 of the Code of Ordinances to expand the existing meter district to include the east side of Bluff Street from 7th Street to 8th Street, upon motion received and filed. An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-336 establishing the municipal parking meter dis- trict by including both sides of Bluff Street from 3rd Street to 8th 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 b- finally passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas—Buol, Markham, Michalski, Nicholson, Robbins. Nays— Cline. Motion failed due to lack of 3/4 vote. Michalski moved that this be the first reading of the Ordinance. Seconded by Robbins. Motion carried 6-0. NLC Delegate: City Council to appoint a voting delegate for the National League of Cities' Cnnnress of Cities in 00 Fixing date of hearing on plans and specs for November 6, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law; and Resolution No. 483-00 Ordering bids. Seconded by Buol. Motion carried 6-0. Water Department - Pennsylvania Pump Station: City Manager submitting doc- uments providing for construc- tion of the Pennsylvania Pump Station, upon motion receiveSL and filed. Robbins moved adoption of Resolution No. 484-00 Preliminary approval of plans and specifications for project in estimated amount of $363,000; Resolution No. 485- 00 Fixing date of hearing on plans and specs for November 6, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish"` notice in the manner pre-' scribed by law and Resolution No. 486-00 Ordering bids. Seconded by Buol. Motion carried 6-0. Eagle Point Water Plant, Chlorine Feed Room Expansion: City Manager sub- mitting documents providing for construction of the Eagle Point Water Plant Chlorine Feed Room Expansion, upon motion received and filed. Robbins moved adoption of Resolution No. 487-00 Preliminary approval of plans and specifications for project in estimated amount of $125,000; Resolution No. 488 .. 00 Fixing date of hearing on plans and specs for November 6, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- I scribed by law; and Resolution No. 489-00 Ordering bids. Seconded by Cline. Motion carried 6-0. South Fork Sanitary Sewer Phase II Acceptance: City Manager recommending acceptance of the South Fork Sanitary Sewer - Phase II pro- ject and setting a public hear- ing on the connection fees to the sanitary sewer for October 16, 2000, upon motion received and filed. Michalski moved adoption of Resolution -- No. 490-00 Accepting Improvement; Resolution No. Approving Final Estimate in amount of $770,461.93; and Resolution No. 492-00 Providing for notice of the date, time and place of a pub- lic hearing on an ordinance establishing the South Fork Sanitary Sewer Project = Phase II and a schedule of connection fees, and further that this Public Hearing be 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Robbins. Motion carried 6-0. Fiscal Year 2001 Budget Amendment: City Manager recommending that a public hearing be set for October 16, 2000 to consider an amend- ment to the Fiscal Year 2001 Budget, upon motion received and filed. Michalski moved adoption of Resolution No. 493-00 Directing the City Clerk to publish proposed amend= ment to the Fiscal Year 2000 budget and date of public hearing, and that Public Hearing be set for 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 6-0. Disoosition of Property to STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates C€716 her I % , 20 a() , and for which the charge is $ o2%S 33 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this / 3 day of OC -C- Joy, 20� Public in and for Dbuque County, Iowa JANET K. PAPE MY COMMISSION EXPIRES DECEMB_R 11, 2001 CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, October 2, 2000 Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Pro-Tem Markham, Council Members. Buol, Cline, Michalski, Nicholson, Robbins, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Mayor Duggan. Mayor Pro-Tem Markham read the cal and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the Council. Invocation was given by Alan Garfield, Member of Temple Beth -El, PROCLAMATIONS: White Cane Safety Day (October 15, 2000) received by Darwin Reeber. Minutes Submitted: Airport Commission of 9/15; Civil Service Commission of 8/31; Five Flags Commission of 9/18; Housing Commission of 9/12; Park and Recreation Commission of 9/12, upon motion received and filed. Printed Council Proceedings for July, 2000, upon motions approved as printed. Proofs of publication for the Community Development Block Grant Program, upon motion received and filed. Notice of Claims/Suits: Sue upon motion received and filed and concurred with the recom- mendation. Citizen Communications: Communications of students at Hoover School questioning why the City closed the swim- ming pools in August, upon motion referred to the City Manager and requested tha'j.. the petitions be looked at sen- ously. Garfield Place Urban Revitalization Area: an Ordinance Establishing the Garfield Place Urban Revitalization Area as an Urban Revitalization Area pur- suant to Chapter 404 of the Code of Iowa, removed front' the Agenda. Request to Rezone Property at 2699 Rockdale Road: Ordinance No. 75-00 Amending Appendix A of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2699 Rockdale Road from C-1 Neighborhood. Commercial District to C-2 Neighborhood Shopping Center District, said Ordinance having been presented and read at the 9-18-00 Council meeting, now presented for further action. Buol moved that the requirement that a proposed Ordinance be con- sidered and voted on for pass,, sage at two Council Meetings prior to the meeting at which it is to be finally passed be sus- pended and further moved final consideration and pas- sage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Proposed Development Moratorium in the Southwest Arterial Corridor: Communication from William J. Maiers, representing Mr. and Mrs. William A. Siegert, requesting that the issue of a proposed development mora- torium in the Southwest Arterial Corridor, be set for a public hearing prior to any final decision; Communication. - from City Manager recom- mending that the request to enact a moratorium -along the proposed Southwest Arterial Corridor at Highway 20 be referred to the Zoning Advisory Commission, upon motion referred to the Zoning Advisory Commission. Northwest Arterial„ Communication of Wiliam J. Maiers, representing the City of Sageville, regarding jurisdic- tion of the Northwest Arterial; Communication of Richard E. Kautz, Iowa Department of Transportation, to William J. Maiers regarding the proposed transfer of jurisdiction of the Northwest Arterial to local_ governmental agencies; Communication of William J. Maiers to Richard E. Kautz, Iowa Department of Transportation, on the pro- posed transfer of jurisdiction, upon motion received and filed. Notice of Expiration of Right. of Redemption: Notices of_ Expiration of Right of Redemption on two parcels of property from Eric Stierman, Dubuque County Treasurer, upon motion received and filed. Iowa Department of Economic Development: Communication from Alan E. Collet, Iowa Department at - Economic Development, amending the City's HOME Investment Partnership Program Master Contract and Funding Agreement by revis- ing the completion date and extending the performance period to December 31, 2000, upon motion received and filed. City of Asbury Voluntary Annexation: City Development Board advising that they will be considering the City of Asbury's voluntary annexation at their meeting on October 12, 2000, upon motion received and filed. Montcrest Street: City Manager advising that worlS..- has begun on resurfacing Montcrest Street in response to a citizen petition, upon motion received and filed. Manson Road - Acceptance of Warranty Deed: City Manager recommending acceptance of the warranty deed for a right-of-way pur- chase on Manson Road, upon. motion received and filed. BuoT moved adoption of Resolution No. 465-00 Accepting a con- veyance of property on Manson Road to the City of Dubuque, Seconded by Nicholson. Motion carried 6- 0. Pennsylvania Avenue - Acceptance of Warranty Deed.. City Manager recommending acceptance of the warranty deed for a buy-out of flood - damaged property on Pennsylvania Avenue, upon motion received and filed. Buol moved adoption of Resolution No. 466-00 Accepting a con- veyance of property on Pennsylvania Avenue to th.e. City of Dubuque. Seconded by Nicholson. Motion carried 6-0. Support of Application for Housing Tax Credits for the Iowa Inn: City Manager recom- mending approval of a letter supporting the MetroPlains Development application to the Iowa Finance Authority for housing tax credits for the,. Iowa Inn Project, upon motion received and filed and approved letter of support. Human Rights - Housing and Urban Renewal Grant: City Manager advising that the Human Rights Department has received a HUD grant in the amount of $45,400, which will be subject to a future budget. amendment, upon motion received and filed. Project Concern Request for Additional Funds: • City received and filed. Business Licenses: Buo)i, moved adoption of Resolution No. 468-00 Granting issuance of Class "B" Beer Permit to Happy Joe's Ice Cream; Class "C" Beer Permit to 5 Point Mart and Kwik Stop Food Mart; Resolution No. 469-00 Granting issuance of Class "C" Beer/Liquor Permit to Dog House Lounge, Carol's Place, and Fat Tuesdays; Class "C" Beer/Wine Liquor License to Sugar Ray's Barbeque; Class "C" Beer/Wine Liquor License (5 Day) to Loras College Field House. Seconded by Nicholson. Motion carried 6-0. BOARDS/COMMISSIONS: -Applicants are invited to address the Council t.. express their desire to serve on the following Boards / Commissions: ENVIRONMENTAL STEW- ARDSHIP ADVISORY COM- MISSION: David B. Czarnecki. APPOINTMENTS to the fol- lowing Boards / Commissions: ENVIRONMENTAL STEW- ARDSHIP ADVISORY CO - MISSION: Brianna Tully. Upon motion Brianna Tully appointed to the Youth posi- tion for a term that will expire 6-1-01. HOUSING COMMISSION (Section 8 Representative): Jeremy Austin; Joe Hopkins Communication of Jeremy Austin regarding his appoint- ment and communication of Carleen Schroeder regarding theappointment of Joe Hopkins. Upon motion it was resolved to table the appoint- ment and readvertise. INVESTMENT- OVERSIGHT COMMISSION: Charles Spielman. Upon motion Charles Spielman appointed t. fill the unexpired three year term which will expire 7-1-02. Upon motion it was resolved to suspend the rules to allow anyone present to address the Council.if they so desire. 2000 Sidewalk Assessment Project (Center Grove/Cedar Cross Road/Embassy West Drive): Proofs of publication on notice of hearing on plans and specifications and notice to property owners, and City Manager recommending approval of the project and an amended schedule of assess- ments, upon motion received and filed. Objections to the 200' Sidewalk Assessment Project from: Thomas J. Hamel; Gary Pfab; Maxine and Burt Steve; John Van Duyn (Best Westem Dubuque Inn); Richard Hansel; Merlin and Mary Merfeld; Jim Giesemann; John and Sally Herrig; Larry and Roberta Wolff; Gregory A. Bastian and John T. Dunakey (Chicag. Central and Pacific Railroad); Ken Haugen (Olive Garden); Hughes Court Investment Company; petition containing 12 signatures; petition con- taining 8 signatures, upon motion received and filed. (This is 100% of property own- ers objecting to the project.) Dick Hansel of Lake Ridge Subdivision, spoke stating he is 100% in favor of sidewalks, stating they should be installed when property is developed. John Herrig, 13668 Surrey Lane, spoke stating sidewalks are valuable but requested his Embassy West property be removed from the project. Tom Zalaznik- spoke for hi father objecting to the $18,000 assessment; Gary Pfab spoke objecting to the assessment; a resident of 3347 Center Grove spoke in opposition. J. A. Graves of 3203 Cedar Lake Dr. spoke in favor of the sidewalk. Jeff Weber, 3450 Center Grove Dr. spoke in opposition. Maxine Steve, spoke objectin. to sidewalks until the property is developed. Steve Kelly of Shinoak Ct., and Paul Duester of Tamarack Ct., citing safety of walkers, spoke in favor of sidewalks. Mark Molo,' 150 Cedar Cross Rd., spoke in opposition. John Tschiggfrie, of Cedar Lake Subdivision, spoke in favor of sidewalk John Van Duyn of the Dubuque and Midway Inn spoke objecting to the $44,000 assessment, stating a high, dangerous retaining wall would be needed if sidewalks mandated. Tom Hammel, 305 Cedar Cross Rd. objected say- ing sidewalks are not needed now and would be put in whe - necessary. Jack Schumacher of Shinoak Ct., as a petitioner for the sidewalks three years ago, spoke stating they would be happy if there were side- walks on one side. Carla Carlisle of Shinoak Ct. spoke in favor of sidewalks. Michalski moved adoption of Resolution No. 470-0' Adopting plans and specifica- tions; Resolution No. 471-00 Ordering bids; Resolution No. 472-00 With respect to the adoption of the Resolution of Necessity proposed for the 2000 Sidewalk Assessment — Center Grove/Cedar Cross Road/Embassy West Drive, as amended. Seconded by Cline. Motion carried 6-0. Michalski moved to amend i the Res. with respect to the adoption of the Resolution of Necessity, and stated that the Embassy West Dr. sidewalk be continued and completed within the year (8/01). Seconded by Buol. Motion carried 6-0. Nicholson moved to remove the Hansel and Hammel prop- erty out of the 2000 Program. Seconded by Cline. Motion carried 6-0. Nicholson moved to table the public hearing to 11/6 and to direct Staff to work with prop- v erty owners to voluntarily share the assessment for con- struction of walks on the south f side of Center Grove and the a n,y wiw wilt suFuia tion. John Riley of Riley's Oldsmobile, spoke stating that a traffic light was turned down for Aldi's a few years ago and_ stressed studying all alterna- tives before making changes. Mr. O'Neil of Menards spoke responding to comments and stated they are open to work- ing with the quarry owners etc. An Ordinance Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinance 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 designate tion and adopting a Conceptual Development Plan, with conditions, for Menard, Inc., presented and read. Buol moved to table the Public Hearing and refer to the Zoning Advisory Commission. Seconded by Nicholson. Motion carried 6-0. Michalski moved that Staff work with Menards, IDOT, am others on this subject. Seconded by Nicholson. Motion carried 6-0. At 9:13 Council recessed; At 9:21 Council reconvened. Triple J. Land Company Rezoning: Proof of publication on notice of hearing to consid- er rezoning property located at 2155 Rockdale Road from R-3® Moderate Density Multi -Family Residential District to OS Office Service District, upon motion received and filed. Eugene Bird, Chair of ZAC, spoke of three specific condi- tions for the rezoning. Al Urbain, of Urbain Architects, spoke requesting Council. override condition of no curb cut on Tower Dr. or drop rezoning request. Jacqueline Herberger, 1560 Tower Dr., spoke in opposition to the rezoning. Chris Chaney, 2270 Jaeger Dr., spoke for the rezoning request, with the conditions in place. - Ordinance No. 76-00, Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2155 Rockdale Road from R-3 Moderate Density Multi -Family Residential District to OS Office Service District, witlb conditions, 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 con- sideration and passage of the.. Ordinance, with the removal of the second condition. Seconded by Nicholson. Motion carried 6-0. Bond Sale to Support Additional Airport T-Hangars: Proof of publication on notice of public hearing and commu- nication of City Manager rec- ommending the issuance of.. $690,000 for renovation and construction of additional Airport T-Hangars, upon motion received and filed. Robbins moved adoption of Resolution No. 473-00 Instituting proceedings to take additional action for the issuance of not to exceed $690,000 General Obligation. Bonds. Seconded by Cline. Motion carried 6-0. Sutton Pool Water Playground: Proofs of publica- tion on notice of hearing on plans and specifications and notice to bidders on the receipt of bids for construction of the Sutton Pool Water Playground and City Manager_ recommending that the one bid received be rejected, upon motion received and filed. - Robbins moved adoption of Resolution No. 474-00 Rescinding Resolution #413- 00 Preliminary approval of plans and specifications for Sutton Pool Water Playground Construction Project_, Seconded by Michalski. Motion carried 6-0. Five Flags Lavatory Stations Replacement Project: Proofs of publication on notice of hearing on plans and specifi- cations and notice to bidders on the receipt of bids for the Five Flags Lavatory Stations Replacement Project and City,. Manager recommending to award contract for project, upon motion received and filed. Michalski moved adop- t tion of Resolution No. 475-00 Adopting plans and specifica- tions for project and i Resolution No. 476-00 Awarding contract for project to Klauer Constructiop� Company in the amount of $38,959. Seconded by Michalski. Motion carried 6-0. Upon motion the rules was reinstated limiting discussion to the Council. Alta Place - Stop Signs: City Manager recommending the nstallation of stop signs at the ntersections of Alta Place an . Decorah Street and Alta Place and Delaware Street, upon motion received and filed. Ordinance No. 77-00 Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifying Subsection (b) of Section 32- 214 thereof providing for the addition of stop signs on Alta Place at Decorah Street and Delaware Street. presented and read. Buol moved that the requirement that a proposed Ordinance be considered and oted on for passage at two Council Meetings prior to the meeting at which it is to be inally passed be suspended nd further moved final con,. v,uniance •+noc Amending the City of Dubuque Code of Ordinances Section 32-311 designating municipal- ly owned parking lots by removing specific lots; amend- ing Section 32-312 Meters - Installation Authorized and Directed; and amendin. Section 32-314 Establishing Meters - Time and Fee Schedule for Municipal Lots by removing the meter time and fee schedule for specific lots, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Counci Meetings prior to the meeting at which it is to be finally passed be suspended and fur- ther moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Expanded Parking Meter District: City Manager recom- mending an amendment t. Section 32-336 of the Code of Ordinances to expand the existing meter district to include the east side of Bluff Street from 7th Street to 8th Street, upon motion received and filed. An Ordinance Amending the City of Dubuque Code of Ordinances Section 32-336 establishing the municipal parking meter dis- trict by including both sides of Bluff Street from 3rd Street to 8th Street, presentedand 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 b- finaily passed be suspended and further moved final con- sideration and passage of the Ordinance. Seconded by Nicholson. Vote on the motion was as follows: Yeas—Buol, Markham, Michalski, Nicholson, Robbins. Nays— Cline. Motion failed due to lack of 3/4 vote. Michalski moved that this be the first reading of the Ordinance. Seconded by Robbins. Motion carried 6-0. NLC Delegate: City Council to appoint a voting delegate for the National League of Cities' Congress of Cities in December, upon motion Council Member Nicholso appointed as delegate. Salina Street Reconstruction: City Manager submitting doc- uments providing for the reconstruction of Salina Street, upon motion received and filed. Robbins moved adoption of Resolution No. 477-00 Fixing date of hearing on plans and specs for November 6 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law and Resolution No. 478-00 Ordering bids. Seconded by Buol. Motion carried 6-0. Pine Street - Request to Vacate: City Manager recom- mending that a public hearin. be set for October 16, 2000 to consider a petition to vacate a portion of Pine Street, upon motion received and filed. Buol moved adoption of Resolution No. 479-00 of Intent to dis- pose of City interest in Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa and further se this for Public Hearing on 10- 16-00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law; Resolution No. 480-00 Approving Plat of the proposed vacated westerly 17' of Pine Street between East 14th Street and East 15t Street. Seconded by Nicholson. Motion carried 6-0. Ordinance No. 80-00 Vacating the westerly 17 feet of Pine Street between East 14th Street and East 15th Street, presented and read. Buol moved that the require- ment 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 con- sideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Water Department - Supervisory Control and Data Acquisition System: City Manager submitting docu- ments providing for the pur- chase and fabrication of the equipment for the Water Department Supervisory Control and Data Acquisition System, upon motion received and filed. Cline moved adop- ion of Resolution No. 481-0 Preliminary approval of plans and specifications for project n estimated amount of $240,000; Resolution No. 482- nesoiuno , ,Yv. Preliminary approval of plans and specifications for project in estimated amount of $125,000; Resolution No. 488,_. 00 Fixing date of hearing on plans and specs for November 6, 2000 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law; and Resolution No. 489-00 Ordering bids. Seconded by Cline. Motion carried 6-0. South Fork Sanitary Sewer - Phase II Acceptance: City Manager recommending acceptance of the South Fork Sanitary Sewer - Phase II pro- ject and setting a public hear- ing on the connection fees to the sanitary sewer for October 16, 2000, upon motion received and filed. Michalski moved adoption of Resolution - No. 490-00 Accepting Improvement; Resolution No. Approving Final Estimate in amount of $770,461.93; and Resolution No. 492-00 Providing for notice of the date, time and place of a pub- lic hearing on an ordinance establishing the South Fork Sanitary Sewer Project - Phase II and a schedule of connection fees, and further that this Public Hearing be 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre= scribed by law. Seconded by Robbins. Motion carried 6-0. Fiscal Year 2001 Budget Amendment: City Manager recommending that a public hearing be set for October 16, 2000 to consider an amend- ment to the Fiscal Year 2001 Budget, upon motion received and filed. Michalski moved adoption of Resolution No. 493-00 Directing the City Clerk to publish proposed amend" ment to the Fiscal Year 2000 budget and date of public hearing, and that Public Hearing be set for 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 6-0. Disposition of Property to Plastic Center, Inc.: City Manager recommending that a public hearing be set for October 16, 2000 to consider the disposition of property to Plastic Center, Inc., upon motion received and filed. Cline moved adoption off Resolution No. 494-00 Of I Intent to dispose of an interest in real property by deed to Plastic Center, Inc. and further set this for public hearing on 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner pre- scribed by law. Seconded by Robbins. Motion carried 6-0. Michalski moved that City Staff be commended for their work and cooperation in con- nection with the Iowa League of Cities Conference. Seconded by Nicholson. Motion carried 6-0. Markham conveyed that this is the 220th anniversary of out' Sister City, Pyatigorsk, and their City sends greetings. At 10:12 P.M., upon motion Council went into Closed Session re: Property Acquisition (Iowa Code §21.5(1)(j). At 10:31 P.M. Council recon- vened Regular Session stating that Staff had been given proper direction. There being no further busi- ness, upon motion meeting adjoumed at 10:32 P.M. /s/ Jeanne F. Schneider City Clerk 1t 10/11 Subscribed to before me, a l this .7)114 day of �,� ~g.~ ~f ::1(JJ~-&. en- O>~ . ~ ~ ::J"I\)Jlo~ o <D i Jlo&,~ -.-6 ,... 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Q '"' a.l c.. tIS c.. rI.l ~ a.l == CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Special Session, October 4, 2000 Council met in Special Session at 5:00 P.M. in the 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 special session of the City Council called for the purpose of act- ing upon such business which, may properly come before the ,Qity Council. Gordon Mills of the Durrant Group, Inc. gave a review of Phase I of the Fourth Street Peninsula Development Master Plan. Disposition of Property on Kerper Court (Flynn Ready - Mix): City Manager recom- mending approval of the plat of proposed vacated portion of Kerper Court, and that a public hearing be set for October 16, 2000, to consider the sale of property to Flynn Ready -Mix, upon motion received and filed. Michalski moved adop- tion of Resolution No. 495-00 Approving plat of propose. vacated portion of Kerper Court. Seconded by Robbins. Motion carried 7-0. Ordinance No. 80-00 Vacating a portion of Kerper Court, presented and read. Michalski moved that the requirement that a proposed Ordinance be con- 1 sidered and voted on for pas- sage at two Council Meeting prior to the meeting at which it is to be finally passed be sus- pended and further moved final consideration and pas- sage of the Ordinance. Seconded by Robbins. Motion carried 7-0. Michalski moved adoption of Resolution No. 496-00 of Intent to dispose of City interest in real property b. sale to Flynn Ready -Mix and further set this for Public Hearing on 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed by law. Seconded by Robbins. Motion carried 7-0. Property Acquisition and Property Lease Along the Riverfront - Peavey Company: City Manager recommending that a public hearing be set for October 16, 2000, to consider leasing City property near 12th Street to Peavey Company, upon motion received and filed. Markham moved adop- tion of Resolution No. 497-00 of Intent to dispose of City interest in real property by lease with Peavey Company, and further set this for public Hearing on 10/16/00 at 6:30 P.M. in the Public Library Auditorium and that the City Clerk publish notice in the manner prescribed be law. Seconded by Robbins. Motion, carried 7-0. There being no further busi- ness, upon motion meeting adjourned at 5:44 P.M. /s/Jeanne F. Schneider City Clerk 1t 10/12 STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION TAMMY M. FELDMANN I, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates 0e-71v her- /A, , 20 CO , and for which the charge is $ 7 hz.--771_,-2-74-, 1:74,1127,7-r2 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ��� day of C L 20 C Not4ry Public in and for Dubuque County, Iowa JANET K. PAPE MY COMMISSION EXPIRES DECEMBER 11, 2001